[HISTORY: Adopted by the Mayor and Council of the City of Hagerstown as Ch. 46, Art. I, of the 1967 Code. Amendments noted where applicable.]
Building construction — See Ch. 64.
Dogs and other animals — See Ch. 87.
Food-handling establishments — See Ch. 110.
Recycling and refuse collection — See Ch. 117.
Junkyards — See Ch. 135.
Massage establishments — See Ch. 147.
Noise — See Ch. 155.
Property maintenance — See Ch. 184.
Water — See Ch. 238.
Water pollution control — See Ch. 240.
It shall be unlawful for any owner, lessee or occupant of any premises within the corporate or sanitary limits of the City upon which there is located a well, spring or cistern or other source of drinking water to allow the same to be used by any person when such drinking water is known or reputed to be impure, contaminated or in any other manner unfit for use as drinking water until, after due investigation thereof by the Mayor and Council, the water shall have been determined to be pure and fit for use.
Before any person shall engage in the business of selling or otherwise disposing of drinking water within the sanitary or corporate limits of the City, in bottles, jugs, tin cans or other receptacles, he shall apply to the Mayor and Council for a license to do so.
The application for a license provided for in Subsection A above shall contain the location of the spring or other source from which such water is to be taken, sold or disposed of and the location of the premises where such business is to be conducted.
The Mayor and Council shall cause an examination to be made of the water to be sold or disposed of, and if, after such examination, it shall be determined that such water is free from contamination and the premises where the bottling is to be done is in a sanitary condition, with the proper facilities for cleansing and sterilizing all bottles, jugs or other receptacles to be filled, the City Clerk shall grant a license to the person making such application upon the payment of a license fee of $2 to the Mayor and Council.
Such license shall be issued annually by the City Clerk.
The Mayor and Council may revoke such license if, at any time after examination, the water to be sold by any licensee is found to be polluted or the premises where the business of bottling or filling of jugs, tin cans or other receptacles is carried on is found to be in an unsanitary condition.
No person shall cast, throw or deposit any carcass or any part thereof, any garbage, excrement or filth from vaults, privies, cesspools, sinks or any other source into any enclosed lot, house, building or other place within the corporate or sanitary limits of the City nor permit or aid in doing the same.
It shall be unlawful for the owner or occupant of any lot or premises in the corporate or sanitary limits of the City to suffer any excrement or other offensive matter to drain or flow from any stable, hogpen or manure pile or from any other source or from any manufacturing establishment into any street or watercourse or into any adjacent lot.
It shall be unlawful for any warehouse keeper, merchant, manufacturer or any other person to store, manufacture, deposit, place or keep within the corporate limits of the City any guano, phosphate or other fertilizing composition without obtaining permission of the Mayor and Council.
No person shall, in the course of any business or in the manufacture of any article for sale or in any other way, create or produce any unwholesome or offensive odor or any unusual dust, smoke or noises so as to be a nuisance to the neighborhood where such business is conducted or such manufacturing plant is situated.
Any owner or occupant of any lot or premises adjacent to any of the streets, lanes or alleys of the City and within the corporate or sanitary limits of the City and having thereon any hogpen, pigsty, stable or other outbuilding for the custody of domestic animals or any privy, sink, slaughterhouse or other outbuilding, who shall keep or suffer the same or any part thereof or any lot or yard or manure heap attached or adjacent thereto to become foul or filthy so that the odor therefrom may become offensive to persons in the neighborhood or to persons passing along any of the public streets or alleys of the City, shall, upon information made before the trial magistrate of the City, be proceeded against for keeping and maintaining a nuisance.
No person shall drive, use or employ any cart, wagon or other vehicle for removing night soil without procuring therefor a license for each cart, wagon or vehicle so employed and receiving a certificate of such license from the City Clerk.
Every person desirous of engaging in the removal of night soil shall enter into an agreement, in writing, with the City to furnish, at his own expense, places on which night soil may be deposited outside of the sanitary limits of the City and not less than 150 yards from any and all public roads or turnpikes leading to or from the City.
Any person engaged in the removal of night soil by odorless process who shall refuse an application of any citizen to remove any quantity of night soil shall be guilty of a misdemeanor.
It shall be unlawful for the owner or driver of any cart or wagon employed in removing any dirt or offensive manure or filth of any description along or over any of the streets of the City to suffer or permit any such manure or filth of any description to be scattered upon or fall upon any of the streets of the City.
No person shall throw out of any window, door or other outlet of any hotel, public building or dwelling house into any public street or adjoining lot any chamber lye, water, slush, dirt or other loose material.
No person shall cast or place any ashes, truck, dirt, store sweepings or any refuse substance of any trade, occupation or business or of any sort or kind whatsoever into or upon any of the streets, public alleys or watercourses of the City.
In case of any ashes, dirt, store sweepings or refuse substance of any trade, occupation or business or of any kind whatsoever shall be found in or upon any street or watercourse of the City by any police or other officer of the City, he shall report the same to the trial magistrate, who shall issue forthwith a notice to the owner or occupant of the lot or premises where such ashes, rubbish, store sweepings or refuse substance may be found, requiring him to remove the same within such time as may be prescribed in such notice, not exceeding three days, and in case such owner or occupant shall fail to remove the same within the time prescribed in such notice, the trial magistrate, upon being notified of such failure to remove, is hereby authorized and directed to issue an order to any police officer of the City to cause the same to be removed and collect the costs thereof as a common debt in the name of the Mayor and Council from either the owner or occupant of the premises upon whom the notice to remove may have been served.
If any owner or occupant of any lot or premises adjacent to any of the streets of the City and within the corporate or sanitary limits of the City shall, whether in the prosecution of any trade or business or otherwise, keep or use or shall suffer or permit to remain on his lot or premises any foul or filthy matter or any sink or stagnant water or any other thing whatsoever so that the same may become offensive to persons in the neighborhood or to persons passing along any of the public streets or alleys of the City or which may produce annoyance and discomfort or injury to persons in the neighborhood or to persons passing along any of the public streets of the City, such owner or occupant of any such lot or premises may be proceeded against for keeping and maintaining a nuisance.
Upon information being made before the trial magistrate of the City of any such nuisances as described in this chapter, the trial magistrate shall forthwith issue a summons, directed against either the owner or occupant of any such lot or premises upon which the nuisance so complained of may be, to answer a charge of keeping or maintaining a nuisance. Upon the return of such summons, the trial magistrate shall proceed to inquire whether the matter or thing complained of is a nuisance within the meaning of § 200-12. If the trial magistrate shall determine that the matter or thing complained of is a nuisance within the meaning of § 200-12, he shall issue a notice, to be served by a police officer and directed against either the owner or occupant of the lot or premises upon which the matter or thing found to be a nuisance may be, to abate or remove the same within such time as the trial magistrate may determine, not to exceed five days. The trial magistrate shall enter upon his docket his decision in the matter, including the time allowed for the abatement or removal of the nuisance, and impose all the costs of the proceeding upon the person against whom the summons shall have been served. In case such owner or occupant against whom such notice shall have been served shall not abate or remove such nuisance within the time named in such notice, and upon affidavit of that fact being made before the trial magistrate, he shall forthwith issue a summons directed against such person upon whom such notice shall have been served to answer a charge of nonperformance of the order. Upon the return of such summons, the trial magistrate shall proceed to inquire whether or not such nuisance has been removed or abated, and if the trial magistrate shall find that the nuisance has not been removed or abated within the time fixed in the notice, he shall punish the person as provided in § 200-17 of this chapter. The trial magistrate shall, in addition to the fine, issue an order to one of the police officers of the City to have the nuisance removed or abated and collect the costs thereof in the name of the Mayor and Council from such person.
No part of the contents of any privy, privy box, vault, sink, septic tank or cesspool within the City shall be removed therefrom, nor shall the same be transported through any of the streets or other public places of the City, except that the same shall be removed and transported by means of some airtight apparatus, pneumatic or other process so as to prevent the contents of such privy, privy box, vault, sink, septic tank or cesspool from being agitated or exposed in the open air during the process of removal and transportation.
Editor's Note: Original § 46-16B, which immediately followed this subsection, was deleted 7-17-1990 by Ord. No. 1990-39.
No person shall remove the contents of any privy, privy box, well, vault, septic tank, cesspool or sink within the limits of the City without having first obtained a license from the City Clerk.
Every person desirous of being licensed to empty or remove the contents of privies, privy boxes, wells, sinks, vaults, septic tanks and cesspools shall make application, in writing, to the Mayor, who, on being satisfied with the character of the applicant and the efficiency of the apparatus to be used in the removal and transportation of night soil in an odorless manner and that he is the owner of such odorless apparatus represented in his application and that he is not in collusion or combination with others to defraud the City, may order the Clerk to grant such applicant a license for one year and renew the same from time to time.
For such license so granted, the licensee shall pay annually therefor to the City Clerk the sum of $2.50 for each and every tank, wagon and truck.
Every person so licensed shall give bond to the Mayor and Council, with security to be approved by the Mayor and Council, in the penal sum of $500, conditioned for the faithful performance of all duties imposed upon him by the provisions of this chapter.
For any refusal or neglect to obey the orders of the Mayor, as provided in this chapter, it shall be the duty of the Mayor to revoke the license of the person so refusing or neglecting to obey.
Every person who may obtain a license to empty or remove the contents of privies, vaults, sinks or cesspools shall be considered as subject to the orders of the Mayor in all matters relating thereto.