[HISTORY: Adopted by the Annual Town Meeting of the Town of Blackstone 4-30-1990
by , Art. 7. Amendments noted where applicable.]
A.
When not inconsistent with the context of this chapter,
words used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular include
the plural number. The word "shall" is always mandatory and not merely directory.
B.
GARBAGE
LITTER
PERSONS
PUBLIC PLACE
REFUSE
RUBBISH
SPECIAL MATERIALS
TRASH
VEHICLE
As used in this chapter, the following terms shall have
the meanings indicated:
Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
Any used or unconsumed substance or waste material which has been
discarded, 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 or any top, cap or detachable tab on any
bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or
glowing material or any garbage, trash, refuse, debris, rubbish, grass clipping
or other lawn or garden waste, newspaper, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but does
not include the waste of primary processes of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
Any and all streets, sidewalks, boulevards, alleys or other public
ways, and any and all public parks, squares, spaces, grounds, buildings or
conservation areas.
All putrescible and nonputrescible solid wastes (except body wastes),
including garbage, rubbish, ashes, street cleanings, dead animals, abandoned
or junk automobiles and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings,
wood, glass, bedding, crockery and similar materials.
Bulky materials or other solid wastes, such as broken concrete, sod,
dirt and building materials, that can be collected by a standard collection
vehicle.
Ashes, glass, cans, bottles and all other discarded articles, commonly
known as "debris" or "refuse," which can be enclosed in containers of 35 gallons
in capacity.
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.
No person shall throw or deposit litter in or upon any street, sidewalk
or other public place within this municipality except in public receptacles
or in authorized private receptacles for collection.
It shall be unlawful for any person to discard or dump along any public
place household or commercial solid waste, rubbish, refuse, junk, vehicle
or vehicle parts, rubber tires, appliances or furniture that is not specifically
designated for the purpose of solid waste storage or disposal.
It shall be unlawful for any person to dump rubbish upon any public
place of the Township. No person, while a driver or passenger in a vehicle
on a public way, shall throw litter or allow litter to be thrown from the
vehicle except in officially designated dumping areas.
It shall be unlawful for any owner, agent or contractor in charge of
a construction or demolition site to permit the accumulation of litter before,
during or after completion of any construction or demolition project. It shall
be the duty of the owner, agent or contractor in charge of a construction
site to furnish containers adequate to accommodate flyable or nonflyable debris
or trash at areas convenient to construction areas and to maintain and empty
the receptacles in such a manner and with such a frequency as to prevent spillage
of refuse.
B.
No person shall bring, cart, remove, transport or collect
any trade waste, waste materials, construction debris, hazardous waste or
bulk items from a nonresidential user and place the same for collection with
the solid waste of a residential user; and in those locations where residential
and nonresidential users are located on the same premises, the solid waste
shall be disposed of separately and in accordance with this chapter.
C.
Any exceptions or waivers requested under this section
must be granted in advance by the Board of Health.
Refuse shall be disposed of only through the use of sanitary landfills
or other facilities, as approved by the Board of Health, which are established,
conducted, operated and maintained in accordance with standards established
by the State Department of Health and/or the use of incinerators which are
constructed, operated and maintained in accordance with standards established
by the State of Massachusetts Department of Health and the Department of Environmental
Protection.
Any person, firm, corporation or entity convicted of a violation of
this chapter or any section thereof shall be punished for each offense by
a fine in the amount of $100 for the first violation and $250 for each subsequent
violation, which shall inure to the Town of Blackstone for such uses as the
Board of Selectmen may direct The fine shall be recovered by indictment or
complaint before the District Court. In addition, any person, firm, corporation
or other entity convicted of a violation of this chapter shall pay all expenses
incurred for the removal of said litter.
The "Enforcement Authority" shall mean the Town of Blackstone's Board
of Selectmen and Town Administrator having responsibility for the health and
welfare of the residents of the Town of Blackstone; the Health Department;
the Town police; special police; and any other locally designated body having
police powers.
