[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.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
C.
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.
D.
Such license shall be issued annually by the City
Clerk.
E.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.[1]
[1]
Editor's Note: Original § 46-16B,
which immediately followed this subsection, was deleted 7-17-1990
by Ord. No. 1990-39.
B.
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.
C.
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.
D.
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.
E.
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.
