[HISTORY: Adopted by the Town Council of the Town of Wallingford as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-9-2008 by Ord. No. 558]
Editor's Note: This ordinance also repealed former Art. I, Litter Control, adopted 10-14-2003 by Ord. No. 511.
The Town Council finds that in order to create and maintain a healthful and clean environment, it is necessary to implement a litter control program that will serve to reduce litter and littering, to collect and remove litter and to promote and maintain the environmental quality of the Town of Wallingford and the public health and welfare of its citizens.
As used in this article, the following terms shall have the meanings indicated:
- Employment, occupation, profession or commercial activity engaged in for gain or livelihood.
- Any discarded, used or unconsumed substance or waste material, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material which has not been deposited in a litter receptacle.
- LITTER RECEPTACLE
- A receptacle suitable for the depositing of litter.
- Any individual, firm, partnership, association, corporation or other legal entity of any kind.
- SANITARY INSPECTOR
- The Sanitary Inspector of the Town of Wallingford.
- The Town of Wallingford.
No person shall throw, scatter, spill, place or cause to be blown, scattered, spilled, thrown or placed or otherwise dispose of any litter: upon any public property; upon any private property not owned by him; or upon any private property owned by him in such quantity or of such quality as to constitute an unsanitary condition or a detriment to the health, safety and/or welfare to any inhabitants of the Town. This prohibition shall not apply when such property has been designated for the disposal of garbage or refuse or when such litter is deposited into a litter receptacle in such manner that the litter will be prevented from being carried away by the elements.
The owner or lessee of any property being used for recreational or commercial activity, which activity takes place in the yard of such property and involves invitees of the owner or lessee of the property for such recreational or commercial activity, shall be responsible for any litter thrown, scattered, spilled, blown or placed onto any adjoining public or private property by such invitees while on the owner's or lessee's property for such purposes. For purposes of this section, it shall be a rebuttable presumption that any litter found on such adjoining property was thrown, scattered, spilled, blown or placed there by such invitees.
Persons who place their household garbage or household waste at curbside in plastic bags or open containers shall be responsible for collecting such garbage or waste immediately upon its being scattered upon public or private property as the result of the bags being torn open by animals or other-causes or the open containers being knocked or blown over.
Persons hauling trash shall be responsible for collecting any litter immediately upon its being spilled or scattered upon public or private property while in the process of emptying any dumpsters or other containers of waste and/or while in the process of driving their vehicles along Town roads while hauling trash.
No litter which consists of household garbage shall be left at curbside for a period of more than 24 hours.
It shall be a rebuttable presumption that litter which identifies the address of a business or of a housing unit was thrown, scattered, spilled or placed at the location where it was found by the occupant of such business address or the resident of such housing unit.
When any litter is thrown, blown, scattered or spilled from any vehicle, the operator thereof shall be deemed prima facie to have committed such offense.
It is found that products, such as advertising circulars and free sample newspapers and magazines, not solicited by the owner or resident of the property to which delivered have a tendency to become litter when not deposited in any receptacle or upon any porch on such property, and, therefore, no person shall deliver such items to such property by depositing the same at curbside or upon the lawn, driveway or sidewalk.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. All persons owning or occupying places of business within the Town shall keep the sidewalk in front of their business premises free of litter.
This article shall be enforced by the Sanitary Inspector or his designee and by the Police Department, acting separately or jointly.
Any person who violates this article shall be fined $90 for each and every day that the condition which caused the violation is not abated. Service of the citation shall be either in hand by the enforcement official or by any State Marshal or by certified mail, return receipt requested. The citation shall specify the condition deemed to be in violation and shall advise that the person cited may contest his or her liability before a hearing officer by delivering or mailing an appeal on a citation appeal form available in the Town Clerk's Office, Room 108 in the Town Hall, to Room 308 in the Town Hall, 45 South Main Street, Wallingford, Connecticut, within 10 days of the date of service.
The official charged with enforcement of this article shall initiate the process by issuance of a written warning containing the following information:
The specific condition deemed to be in violation;
That abatement of said condition must be accomplished by a date certain which shall not exceed seven days from the date of the warning.
That, upon request and for good cause shown, the said official may grant additional time for abatement;
That any violator shall be fined $90 for each day that the condition remains not abated.
That if any citation for violation is issued, the person may contest his liability before a hearing officer by delivering or mailing his appeal on a citation appeals form available in the Town Clerk's Office, Room 108, Town Hall, 45 South Main Street, Wallingford, Connecticut, within 10 days of the date of service of the citation.
Any person cited for a violation of this article may appeal the citation within 10 days of the date of service of citation on a citation appeals form available in the office of the Town Clerk, 45 South Main Street, Wallingford, Connecticut.
The Mayor shall appoint a Citation Hearing Officer, other than an employee of the Health Department or an employee of the Police Department, who shall serve until his successor is appointed.
The hearing procedure shall be as set forth in § 7-152c of the General Statutes except as modified herein.
Any person who requests a hearing shall be given written notice of the date, time and place for the hearing, which hearing shall be not less than five nor more than 30 days from the date of service of the citation, provided that the hearing officer may grant, upon good cause, any reasonable request for postponement or continuance.
The Hearing Officer may consider any documentary evidence on behalf of the enforcement official and on behalf of the person contesting his liability and shall render his decision within five days of the close of the hearing, unless he determines to inspect the premises, in which case, he shall render his decision within five days of such inspection.
If the Hearing Officer determines the person is not liable for the violation, he shall dismiss the citation in writing. If he determines the person is liable for the violation, he shall enter and assess the fine and shall mail, or cause to be served upon such person, a notice of said assessment which shall be payable upon the date of its entry. Failure to pay such assessment can result in a Superior Court judgment.
A person against whom an assessment has been noticed may file an appeal, in the form of a petition to reopen the assessment, with the Superior Court for the Judicial District of New Haven at Meriden, within 30 days of the mailing or service of the notice of such assessment.
[Adopted 9-25-2007 by Ord. No. 550]
The Town Council finds that in order to create and maintain a healthful and clean environment and to reduce litter and nondegradable wastes, it is necessary to regulate the sale and use of certain objectionable products at public functions.
As used in this article, the following terms shall have the meanings indicated:
- OBJECTIONABLE PRODUCTS
- Silly string.
- SILLY STRING
- An aerosol can from which string-shaped foam material may be sprayed.
No person, firm or corporation shall possess, use, offer for sale or sell the product commonly known as "Silly String" during the following time periods and at the following places:
Time periods: on days of operation of carnivals, festivals and the Taste of Wallingford requiring a permit from the appropriate Town of Wallingford agency and on days of public parades.
Places: at or upon public parks, public buildings, public streets, public sidewalks and public parking lots and/or any other public property.
This article shall not apply to objectionable products in transit or storage in interstate commerce.
Any person who violates this article shall be subject to a fine of $25.