[Adopted 2-21-2017 by Ord. No. 17-2[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Miscellaneous Provisions, adopted as Ch. 33, Art. 33/I, of the 1976
Code, as amended.
For the purpose of this article, the following definitions shall
be applicable:
A class of waste which includes passenger automobiles, trucks
and trailers which are useless, unwanted and/or discarded by their
owners and have been left on City streets, other public places and
on private premises.
All wastes from stables, kennels, pet pens, chicken coops,
veterinary establishments and the like.
The residue from the burning of wood, coal, coke and other
combustible materials.
All large items of refuse that do not fit into the standard
legal container or overflow bag, including, but not limited to, appliances,
furniture, mattresses, floor coverings large auto parts, boilers/furnaces,
water heaters, large electronics, propane tanks, items containing
mercury, fluorescent bulbs, televisions and tires.
All wastes that are the result of construction, remodeling,
repair and demolition operations on houses, commercial buildings,
pavements and other structures.
See definition of "standard legal container" in this section.
Those that die naturally or from diseases or are accidentally
killed or are intentionally killed. Condemned animals or parts of
animals from slaughterhouses, dog hospitals or similar places are
not included in this term, but are regarded as industrial refuse.
It is the intent of this section to describe only small animals, such
as dogs, cats, rabbits, squirrels, chickens and rats that find their
homes within the wooded areas of the City or often serve as household
pets.
All animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, paper booklet or any other printed or otherwise
reproduced original or copies of any matter of literature.
All waste of a pathological, explosive, radioactive or toxic
nature.
Consists of the solid waste materials from factories, processing
plants and other manufacturing enterprises.
Garbage, refuse and rubbish, as defined in this article,
and all other waste material which, if thrown or deposited as prohibited
in this article, tends to create a danger to public health, safety,
welfare or appearance.
A litter storage and collection receptacle as required and
authorized by regulations and ordinance of the Waste Disposal Division
of the Public Works Department.
That waste which generates from the wholesale and retail
markets as a result of handling, storage and selling of poultry, fish,
meat, vegetables and fruit. Included are large quantities of putrescible
garbage along with some rubbish, such as wooden crates and cardboard.
Any newspaper of general circulation as defined by general
law; any newspaper duly entered with the Postal Service Department
of the United States, in accordance with federal statute or regulation;
any newspaper filed and recorded with any recording officer as provided
by general law; and, in addition thereto, means and includes any periodical
or current magazine regularly published with not less than four issues
per year, and sold to the public.
A plastic bag of proper size, color and City markings. The
cost of said plastic bags shall be set by the City of Chicopee and
distributed by only City-approved outlets. Overflow bags are to be
used to contain weekly garbage and rubbish that will not fit into
the standard legal container for automated curbside trash collection.
All paper products, including, but not limited to, envelopes,
books, magazines, newspapers, inserts, junk mail, catalogs, white
and colored paper, shredded paper, corrugated cardboard, paperboard,
paperback books, phonebooks, construction paper, gift wrap, gift bags,
gift tissue paper and cards.
A park, reservation, playground, beach, recreation center
or any other public area in the City, owned or used by the City and
devoted to active or passive recreation.
Any person or his servant, agent, employee or representative,
as well as firm, partnership, association, corporation, company or
organization of any kind.
Any dwelling, house, building or other structure, designed
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continually uninhabited or vacant,
and includes any yard, grounds, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such dwelling, house, building
or other structure.
Any and all streets, tree belts, sidewalks, boulevards, alleys
or public ways and any and all grounds and buildings under City ownership
and/or control.
The total solid waste of the community.
All waste consisting of a variety of both combustible and noncombustible solid waste materials of households, stores and institutions. Combustible rubbish consists of miscellaneous burnable materials; and, in general, it is the organic component of rubbish, such as paper, rags, cartons, boxes, wood, excelsior, bedding, rubber, leather, grass, leaves and other yard trimmings, as well as combustible inorganic materials such as plastics. Noncombustible rubbish, for the most part, consists of the organic components of rubbish, such as tin cans, metals, dirt, ceramics, glass and similar or like substances. Further, those portions of rubbish banned from landfill disposal, including recyclables, yard waste, and any waste ban material designated by the Massachusetts Department of Environmental Protection shall be separated in accordance with Chapter 223 (Recycling) and any other rules and regulations promulgated by the Superintendent of Public Works, under the direction of the Mayor and City Council.
A set out container ("toter") as provided by the City, overflow
bag as defined above, or other yard waste bag or container as specifically
approved by the City.
A wheeled cart/container, distributed by the City, used for
the collection of garbage, rubbish and/or recyclables. Said toter
shall be of a size and design approved by the City to ensure mechanical
lifting and loading by City collection vehicles.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
Consists of prunings, grass clippings, weeds, leaves, tree
branches up to and including three inches in diameter, and general
yard and garden wastes.
The Superintendent of Public Works shall be appointed by the
Mayor and subject to City Council confirmation. The Superintendent
of Public Works shall supervise, direct, and control City sanitation
operations.
The Superintendent, under the direction of the Mayor and the
City Council, shall make rules and regulations in reference to the
collection, temporary accumulation and packaging of garbage, ashes
and rubbish. With the approval of the Mayor, the Superintendent may
also make contracts for the collection of garbage, ashes and rubbish.
This, however, shall not prevent the owner or occupant of the premises
from removing his own garbage, ashes and rubbish.
Sanitation services shall not extend to the following:
A.Â
Manufacturing industries.
B.Â
Nonaccessible properties.
C.Â
Multifamily residences greater that four family units. Exception:
Residences greater than four family units receiving City curbside
sanitation services as of July 1, 2016, shall be "grandfathered" and
shall continue to receive sanitation services consistent with City
rules and regulations unless opted out by the property owner.
D.Â
Commercial, industrial and business properties. Exception: Those
commercial/business properties being provided curbside service as
of July 1, 2016, shall be "grandfathered" and shall continue to receive
sanitation services consistent with City rules and regulations unless
opted out by the property owner.
E.Â
The removal of any material which has accumulated as a result of
building, remodeling, demolition or other construction activities.
A.Â
No person shall dump, throw or place any garbage, paper, ashes or
rubbish on any public or private property, whether owned by such a
person or not, within the City, except if it is in a standard legal
container for collection or it is expressly approved by the Board
of Health and the City Council.
B.Â
Garbage or mixed garbage and rubbish shall be stored in watertight
receptacles with tight-fitting covers. Said receptacles and covers
shall be of metal or other durable, rodentproof material. Garbage
and rubbish shall be put out for collection no earlier than 12 hours
prior to the day of collection and emptied containers shall be returned
to storage areas on the same day as collections.
C.Â
Rules for use of plastic bags:
(1)Â
Any type of plastic bag may be used to store garbage or mixed rubbish
for placement inside a standard legal container.
(2)Â
Plastic bags set out for curbside collection of garbage and rubbish
outside the legal container shall be overflow bags as defined above.
(3)Â
The Board of Health may require that regular plastic bags or overflow
bags be properly contained if it determines that a health problem
exists on public or private property. In making its determination,
the Board of Health shall consider, among other things, evidence of
strewn garbage/rubbish, torn garbage bags or evidence of rodents.
D.Â
Dumpsters.
(1)Â
Semipermanent garbage and rubbish receptacles (e.g., dumpsters) shall
not be located between the principal building and the street line
or closer that six feet to any building used as a dwelling unit. Only
dwellings that contain five or more dwelling units are permitted to
have semipermanent garbage and rubbish receptacles, this receptacle
being any container that is used for normal household garbage and
rubbish. Such receptacles shall be kept closed at all times when not
in use and shall be constructed in such a manner as to stand secure
from entry by children and animals.
(2)Â
All dwellings with four dwelling units or fewer shall be included in the mandatory recycling program in accordance with Chapter 223.
(3)Â
Temporary dumpsters located on residential properties shall only
be allowed for a total of eight weeks and shall only be used for household
demolition and/or construction debris. Prior to setting a temporary
dumpster on said properties, the property owner shall secure approval
from the Health Department. If a temporary dumpster is to be located
on City property, a permit must be obtained from the Department of
Public Works. Any such dumpster shall have working flashing lights
on both sides at night.
E.Â
The owner of any dwelling that contains three or more dwelling units,
the owner of any rooming house and the occupant of any other dwelling
place shall be responsible for providing at least three receptacles
or one receptacle per occupant, when there are more than three occupants
involved, for the storage of garbage and rubbish as are sufficient
to contain the accumulation before final collection or ultimate disposal
and shall so locate them to be convenient to the tenants and that
no objectionable odors enter any dwelling.
F.Â
The occupants of each dwelling, dwelling unit and rooming unit shall be responsible for the proper placement of their garbage and rubbish in the receptacles required in Subsection E above or at the point of collection provided by the owner.
G.Â
Owners of multifamily dwellings. The owner of any dwelling that contains
three or more dwelling units, the owner of any rooming house and the
occupant of any other dwelling place shall be responsible for the
final collection or ultimate disposal or incineration of garbage and
rubbish by means of:
(1)Â
The regular municipal collection system.
(2)Â
Any other collection system approved by the Board of Health.
(3)Â
When otherwise lawful, a garbage grinder which grinds garbage into
the kitchen sink drain finely enough to ensure its free passage and
is otherwise maintained in a sanitary condition.
(4)Â
When otherwise lawful, a garbage or rubbish incinerator located within
the dwelling which is properly installed and which is maintained so
as not to create a safety or health hazard.
(5)Â
Any other method of disposal which does not endanger any person and
which is approved, in writing, by the Board of Health.
No person shall throw or deposit any refuse in any stream or
other body of water.
No person or firm or other city or town shall transport or deliver
or cause to be transported or delivered any rubbish, trash, demolition
by-products, garbage or other waste materials to any location within
this City from any location outside this City unless a permit for
such transportation or delivery has been procured from the City Council
and certified by the Board of Health that no health hazard or nuisance
may be created by the introduction of such materials within this City.
The dumping of rubbish or trash on City property is forbidden.
Violators will be liable to a penalty of $150 for each offense.
A.Â
Owners of land. The owner of any parcel of land, vacant or otherwise,
shall be responsible for maintaining such parcel of land in a clean
and sanitary condition and free from garbage, rubbish or other refuse.
The owner of such parcel of land shall correct any condition caused
by or on such parcel or its appurtenance which affects the health
or safety and well-being of the occupants of any dwelling or of the
general public. The owner of land and/or dwelling shall be responsible
for compliance with the City's curbside overflow bag refuse collection
program. The property owner shall also be ultimately responsible for
compliance of the occupants of any dwelling with the provisions of
this chapter.
B.Â
Occupants of dwelling units. The occupant of any dwelling unit shall
be responsible for maintaining in a clean and sanitary condition and
free of garbage, rubbish and other filth or causes of sickness that
part of the dwelling which they exclusively occupy or control. In
addition, occupants of dwelling units shall be responsible for cooperating
with the property owner in complying with this chapter.
C.Â
Occupants of dwellings containing fewer than three dwelling units.
In a dwelling that contains fewer than three dwelling units, the occupant
shall be responsible for maintaining in a clean and sanitary condition,
free of garbage, rubbish and other filth or causes of sickness, the
stairs or stairways leading to his dwelling unit and the landing adjacent
to his dwelling unit if the stairs, stairways or landing are not used
by another occupant.
D.Â
Common areas.
(1)Â
In any dwelling, the owner shall be responsible for maintaining in
a clean and sanitary condition, free of garbage, rubbish and other
filth or causes of sickness, that part of the dwelling which is used
in common by the occupants and which is not occupied or controlled
by one occupant exclusively.
(2)Â
The owner of any dwelling abutting a private passageway or right-of-way
owned or used in common with other dwellings or which the owner or
occupants under his control have the right to use or are in fact using
shall be responsible for maintaining in a clean and sanitary condition,
free of garbage, rubbish and other filth or causes of sickness, that
part of the passageway or right-of-way which abuts his property and
which he or the occupants under his control have the right to use
or are in fact using or which he owns.
There shall be no storage of garbage, rubbish or refuse or recyclables
of any kind on any tree belt, curb or public property except when
contained with an approved standard legal container or overflow bag
as defined above. Furthermore, those standard legal containers and
overflow bags shall comply with the following:
A.Â
Approved garbage/rubbish/refuse/recyclable containers may only be
put out for collection no earlier than 12 hours prior to the scheduled
collection day.
B.Â
Approved garbage/rubbish/refuse/recyclable containers must be put
out for collection no later than 7:00 a.m. on the scheduled collection
day.
C.Â
Approved garbage/rubbish/refuse/recyclable containers must be placed
on public property in a location accessible by City collection vehicles.
D.Â
Emptied garbage/rubbish/refuse/recyclable containers must be removed
from public property on the same day of collection.
