Ordinance 6: Garbage, Trash & Rubbish

ORDINANCE # 6 CONCERNING THE HANDLING AND DISPOSITION OF GARBAGE, TRASH AND RUBBISH

Be it Enacted by the President and Council of the Town of Townsend, the President and a Majority of Council Concurring Therein:

SECTION I
It shall be unlawful for any person to throw, place or deposit any trash, garbage, rubbish, ashes, refuse, or other foreign substance, upon any sidewalk, crosswalk, avenue, street, lane, alley, park or other public place within the Town or upon any property owned by the Town; or upon any property over which the police power of the Town extends except as provided in Section 2 hereof.

SECTION II
Concerning the handling and disposition of garbage, trash and rubbish the following rules and regulations shall apply:

Rule 1.) The owner or occupier of any given lot shall place all trash and rubbish along the curb in front of such lot in order that it may be conveniently removed by the collector thereof.

Rule 2.) No person shall dispose of any garbage by throwing or placing it upon any lot within the confines of the Town or within a distance of one mile of the Town limits.

Rule 3.) No person shall put, place or throw any garbage, trash or rubbish collected or gathered from one lot upon or in front of any other lot within the Town without the expressed consent and permission of the owner of such other lot so to do.

SECTION III
Definitions: Unless the context specifically indicated, otherwise the meaning of terms used into this Ordinance shall be as follows:

  • a.) “Town Council” shall mean the group of elected officials acting as governing body for the Town of Townsend.
  • b.) “Person” shall mean an individual firm, company, association, society, corporation or group.
  • c.) “shall” is mandatory; “may” is permissible
  • d.) “Dwelling Unit” is a structure or that part of a structure which is used as a home, residence or sleeping place by one (1) person or by two (2) or more persons taintaing a common household to the exclusion of all others.

SECTION IV
The provisions of this ordinance shall apply to all dwelling units, commercial or farm units.

SECTION V
There shall be assessed against each dwelling, commercial or farm unit which is receiving trash collection service from the Town of Townsend a trash collection service fee not less than a sum sufficient to cover the costs incurred.

SECTION VI
The charges shall be billed quarterly and payable by the first day of the following month.

SECTION VII
Any person, firm, partnership, association, or corporation, or any organized group of persons who shall fail to pay the trash collection charge assessed in accordance with Section VI, above for a period of thirty (30) days shall be assessed a late charge of ten percent (10%).

SECTION VIII
The Council or its designated agent is authorized to discontinue the trash removal service to any premises for non-payment of the trash removal service fee thirty (30) days after a statement of the amount due shall have been mailed to the owner/occupant of the premises. The overdue trash removal fee shall be entered in the municipal lien docket as a lien owing to the Town. Only after all trash removal fees have been paid shall the trash removal service be resumed.

SECTION IX
A penalty of ten percent (10%) shall be added to all trash removal fees, which shall be in arrears for a period in excess of thirty (30) days after the date of rendering the trash removal bill.

SECTION X
Any person violating any provision of this Ordinance and upon conviction whereof before any Court of Competent Jurisdiction shall be subject to a fine of not less than Ten Dollars ($10.00), but not more than One Hundred Dollars (100.00) and costs.

First Reading: January 12,1982 Second & Final Reading: February 9, 1982 Effective: February 9, 1982 Passed by Town Council: February 9, 1982 Signed by Town Council President: James W. McDowell Sr.

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