[Adopted 12-10-1979 by Ord. No. 440 as
Secs. 12-1 to 12-3, 12-6 to 12-7, 12-9 to 12-11 and 12-14 to 12-15
of the 1979 Code]
No person, except persons licensed by the Town
Council, shall remove, carry, convey or transport any rubbish, garbage
or waste material from any premises over, upon or through any public
or platted street or highway in this Town.
[Amended 5-29-1991 by Ord. No. 838; 6-14-2004 by Ord. No.
2004-9]
Each license required by § 295-1, when issued, shall bear upon the reverse side thereof the location designated by the Town Council at which the holder thereof may dump rubbish, garbage or waste material. Each such license when issued shall be valid for a period of not more than one year, subject, however, to suspension or revocation by the Town Council in its discretion for any violation of the provisions of this article. The yearly fee for such license shall be as stated in Chapter 125, Business Operations, Article IV.
It shall be unlawful for any person to throw
or deposit, or to cause, suffer or permit to be placed, deposited
or thrown, any decomposable organic matter which might create a nuisance
or act as a breeding area or place for flies, mosquitoes, other insects
or vermin or as food for rats; discarded cans, glass jars or other
receptacles capable of holding water; or any combustible material
which might serve to increase danger of fire upon any vacant lot of
land in the Town unless such land shall have previously been designated
by the Town's Health Officer or any one of the fire chiefs of the
Town's volunteer fire units or companies as a proper and suitable
place for such use.
The Health Officer, or any one of the fire chiefs
of the volunteer fire units or companies of the Town, may cause to
be examined all dumping places or grounds within the boundary or limits
of this Town where flammable materials or other waste materials of
any kind, refuse, rubbish, old or discarded wearing apparel or old
clothing, weeds, grass, dead leaves, which have been or may be placed
or deposited, and when the Town's Health Officer or any one of the
fire chiefs deems that the articles, rubbish, old clothing and waste
are so placed or deposited as to cause appreciable danger of fire
to surrounding property, he shall order the life tenant, lessee, owner,
occupant, or person having general charge of the premises to remove
the articles, rubbish, old clothing and waste materials and if any
of the above-named neglects or refuses to remove articles and all
other matter within three days after receipt of such written order,
the Health Officer or any one of the fire chiefs may cause the same
to be removed at the expense of the life tenant, lessee, owner, occupant,
or person.
No person other than the owner thereof, or a
duly authorized agent of the Town, shall examine, disturb, interfere
with or remove any of the contents of any container, box or receptacle
wherein rubbish is placed by such owner upon the sidewalks or highways
of this Town for collection and removal by the Town or the Town's
duly authorized agent.
Whenever land is used as a dumping ground, the
owner of such ground, or the agent of the owner, shall cause all offensive,
obnoxious or decaying matter to be covered with earth or ashes immediately
upon the deposit of such matter.
No person shall set fire to any waste paper
or other flammable material or substance, except upon land owned or
rented by such person or by or with the written consent of the owner,
and no owner of land within the boundary or limits of this Town, used,
permitted or suffered to be used as a dumping place or ground, shall
burn, permit or suffer to be burned thereon, and no person shall ignite
or burn thereon, any waste paper, junked motor vehicles or materials
or substances of any kind whatsoever without placing in charge of
such fire a person over 21 years of age to watch over and tend such
fire until it be extinguished.
A.
Any person who violates any of the provisions of §§ 295-1 to 295-4, inclusive, or who shall fail, neglect or refuse to comply with any order of removal by the Health Officer, or any of the fire chiefs of the volunteer fire units or companies, or who shall obstruct any of the above-named persons in the performance of their duty under §§ 295-1 to 295-4, inclusive, shall be fined as set out in Chapter 1, General Provisions, Article II.
It shall be the duty of the Health Officer to
enforce the provisions of this article, and, in the prosecution for
such violation hereof by the Health Officer, he shall not be required
to enter into, recognize or give surety for costs to prosecute the
same.
