Here Is Every Word Of Naugatuck's Proposed Littering Ordinance

NAUGATUCK, CT — The Naugatuck Board of Mayor and Burgesses met earlier this month where the full proposed new littering ordinance was read and discussed. No vote was taken on the proposal as of yet.

Here is the full, proposed new littering ordinance:

Naugatuck Littering Ordinance

Chapter 10, Garbage, Trash and Refuse, Article II, Littering, §§ 10-16 – 10-44

Sec. 10-16. - Short title.

This article shall be known and may be cited as the "Naugatuck Littering Ordinance."
Sec. 10-17. - Definitions.

For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein.

Garbage. The word "garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

Litter. The word "litter" includes "garbage," "refuse," and "rubbish" as defined herein and all other waste material which, if thrown or deposited as prohibited in this article has the same meaning ascribed to such term in section 22a-248(4) of the general statutes, as amended, and also specifically includes furniture, automobiles or automobile parts, large appliances, tires, bulky waste, garbage bags or contents thereof, hazardous waste as defined in section 22a-115 of the general statutes, as amended, or any other similar materials.

Park. The word "park" shall include a park, reservation, playground, recreation center or any other public area in the borough, owned or used by the borough and devoted to active or passive recreation.

Private premises. The term "private premises" shall include any yard, grounds, walk, driveway, porch, steps, or mailbox belonging or appurtenant to any dwelling, house, building or other structure.

Public place. The term "public place" includes any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

Refuse. The word "refuse" means all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, and solid market and industrial wastes.

Rubbish. "Rubbish" is nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

Vehicle. The word "vehicle" means 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.

Sec. 10-18. - Garbage containers.
All garbage shall be placed in a private container for collection. Such container shall be constructed of metal, shall have a handle, and shall be kept covered at all times.

Sec. 10-19. - Rubbish receptacles; bundling of newspapers, magazines, etc.
(a) All rubbish shall be deposited in authorized private receptacles. The placement of rubbish in authorized private receptacles to be collected shall be so as to prevent the rubbish from being scattered or from being carried by the elements.

(b) Authorized private receptacles for rubbish pickup shall be of galvanized iron or other material of substantial construction, with two (2) handles and of such size that, when filled, it can be easily handled by one (1) man. Each container shall have its own lid and be securely covered. Boxes containing rubbish and capable of being handled by one (1) man will be allowed, provided they are securely covered and tied. Newspapers, magazines and other such materials must be bundled and securely tied. No other type of container for rubbish will be allowed under this article, with the exception of authorized general cleanup collection.

(c) Rubbish will not be collected, unless put out for collection in accordance with this section.

Sec. 10-20. - Unlawful use of public litter receptacles.
No person shall deposit household rubbish or garbage in public litter receptacles.

Sec. 10-21. - Littering streets and other public places generally.
(a) No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the borough.

(b) No person shall sweep into or deposit in any gutter, street or other public place within the borough the accumulation of litter from any building or lot or any litter from any public or private sidewalk or driveway.

Sec. 10-22. - Littering parks.
No person shall throw or deposit litter in any park within the borough. Where public receptacles are not provided, all litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.

Sec. 10-23. - Throwing litter from vehicle.
No person, being the driver or a passenger in a vehicle shall throw or deposit litter upon any street or public place within the borough, or upon any private property.

Sec. 10-24. - Transportation of ashes, rubbish, boxes, etc.
No person shall transport in any truck or other vehicle, or in any other manner, through the
public streets of the borough, streets to which the public has access, or over any land owned or controlled by the borough, any ashes, waste material, rubbish, discarded boxes, barrels or other containers of merchandise or discarded material of any kind or description, consigned to a dump or to any other destination, unless the same is conveyed or transported in a truck, vehicle or other manner entirely covered or enclosed so that material cannot escape while being so transported.

In the event the same shall be transported or conveyed other than in an entirely closed truck, vehicle or otherwise, such material being so transported and conveyed shall be covered by a canvas, or covering of a similar nature, securely fastened so as to prevent the material escaping from the truck, vehicle or otherwise onto the streets, sidewalks, ways, public land or private property. It shall be unlawful for any person to so convey and transport ashes, rubbish, waste or
discarded material of any nature through the public streets of the borough, on ways open to the public or over land owned or controlled by the public, or willfully to deposit or negligently allow such material to escape onto the streets and other places while being so transported and conveyed.

It shall be the duty of every person transporting and conveying such material to stop and recover the same, in the event of any escape or loss thereof, irrespective of the cause of the escape or loss.

Sec. 10-25. - Unlawful deposits in ponds, etc.
No person shall throw or deposit, in any pond, brook, or natural waterway within the limits of the borough, any dead animal, dead fish or fish waste, rubbish, filth, foul or offensive substance, or any refuse matter whatsoever, fuel, lubricating oil, fish oil or other greasy substance, so that the same shall create a danger to the public health, safety, and welfare.

Sec. 10-26. - Posting notices on utility poles, trees or public buildings.
No person shall knowingly post or affix any notice, poster, or other paper or device calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law.

Sec. 10-27. - Deposit of litter on occupied private property. No person shall throw or deposit litter on any occupied private property within the borough, in such a manner that it tends to create a danger to the public health, safety and welfare, whether owned by such person or not, except that the owner or person in control of private property may maintain private receptacles for collection, as authorized by this article. Litter will be prevented from being carried or deposited by the elements from any such occupied private property, to the street, sidewalk or other public place or upon any private property.

Sec. 10-28. - Deposit of litter on open or vacant private property.
No person shall throw or deposit litter on any open or vacant private property within the borough, whether owned by such person or not, so that the same shall create a danger to the public health, safety and welfare.

Sec. 10-29. - Duty to maintain private property free of litter.
The owner or person in control of any private property shall at all times maintain his premises free of litter so that the same does not constitute a danger to the public health, safety and welfare. This section shall not prohibit the storage of litter in authorized private receptacles for collection.

Sec. 10-30. - Notice to remove litter from open or vacant private property.
The board of health is hereby authorized and empowered to request the owner of any open or vacant private property within the borough, or the agent of such owner, to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such request shall be by registered mail, addressed to the owner at his last known address.

Sec. 10-31. - Duty of property owners or occupants to keep sidewalks free of litter.
Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

Sec. 10-32. - Violations of article; penalties.
(a) It is the intention of this section to impose municipal penalties for the violation of this article as permitted under section 7-148(c)(10)(A) of the general statutes, as amended, which penalties shall be in addition to and not in limitation of the borough's right to seek civil penalties and enforcement, including environmental remediation and the removal of dumped materials, under and as defined in section 22a-250 of the general statutes, as amended.

(b) The chief of police shall have the power to promulgate and enforce regulations with the same effect as this article, as deemed necessary by the chief of police for the adequate enforcement and administration of any of the mandatory provisions of this article, and shall have the power to amend such regulations. Such regulations shall include but shall not be limited to the following:

(1) A schedule of fines for violation of any mandatory provision of this article, including separate fines for the littering or dumping of specified materials, provided such fines do not exceed one hundred dollars ($100.00) for each violation;

(2) Procedures for the clean-up and/or remediation of conditions resulting from violations of any of the mandatory provisions of this article, where such procedures are required or appropriate;

(3) An appeals process for any person charged with a violation of this article to appeal his fine or penalty before a single local hearing officer designated by the mayor who shall not be a member of the police department; and

(4) The form of the ordinance citation or ticket to be utilized to charge a person with a violation of this article.

(c) The regulations described in subsection (b) of this section and any amendments thereto shall become effective upon the presentment and ratification thereof by a majority vote of the board of police commissioners and shall thereupon be appended as Exhibit A to the ordinance from which this section is derived.

(d) The penalty and enforcement mechanisms set forth in section 1-7 shall apply with equal force to all provisions and sections of this article.

Sec. 10-33. - Collection boxes.
Receptacles for collecting clothing, shoe and furniture and other donations shall be registered in the Borough Zoning office by the owner of the receptacle. The registration shall include the name, address and phone number of the entity responsible for the collection receptacle. A receptacle for collecting clothing, shoe and furniture and other donations shall be regularly emptied of its contents so that it does not overflow and result in donations being strewn about the surrounding area. The registrant shall maintain the area around the receptacle clean and free of trash. Any objects outside of the receptacle shall be removed within five business days. Failure to comply with this requirement will result in a written warning being issued by the Borough Zoning Office to the registrant.

After issuance of three notices, the next failure to maintain will result in revocation of registration will be suspended and the collection receptacle shall be removed from the premises. The applicant may request a new registration after thirty days. The borough reserves the right to provide services to clean up the area if the registrant fails to do so, and will bill the registrant for the actual cost of man hours expended and disposal costs for the cleanup.