Sec. 8-21. - Definitions.

For the purposes of this article the following words and phrases are defined as follows:

(a)

Animal litter. The term "animal litter" shall mean droppings from cats, dogs, birds or other animals and material used in pens, cages or animal boxes.

(b)

Ashes. The term "ashes" shall mean refuse resulting from the burning of wood, coal, coke or other combustible material which has no live embers.

(bb)

Reserved.

(c)

Building materials. The term "building materials" shall mean materials such as lumber, bricks, plaster, soil, rock and other substances accumulated as a result of repairs to existing buildings, construction of new buildings, or landscaping.

(d)

Bulk container. The term "bulk container" shall mean a tightly constructed metal container of two (2) cubic yards or greater capacity and of a design approved by the town manager as being capable of being emptied by town equipment.

(dd)

Bundle. Yard and garden waste securely tied together forming an easily handled package not exceeding four (4) feet in length or weighing more than fifty (50) pounds.

(e)

Central business district. ^[25] The term "central business district" shall mean anywhere in the area zoned central business.

(f)

Commercial refuse. The term "commercial refuse" shall mean all refuse (other than ashes, dead animals, yard waste, hazardous refuse or animal litter), incident to the ordinary conduct of retail, wholesale or commercial businesses.

(ff)

Compactor. An electrically operated, fully enclosed bulk commercial refuse container, provided by the town, that is accessible for disposal of refuse only by use of an assigned key.

(fff)

Corrugated cardboard. Three-layered cardboard material with a middle, wavy layer. Nonrecyclable cardboard, such as waxed boxes, cardboard adhered to packing material (such as styrofoam or wooden or plastic supports) and cardboard saturated with motor oil or foodstuffs in its normal use before disposal are excluded from this definition.

(g)

Garbage. The word "garbage" shall mean the refuse of animal or vegetable foodstuffs resulting from the handling, preparation, cooking and consumption of food.

(h)

Hazardous refuse. The term "hazardous refuse" shall mean materials such as poison, acids, caustics, infected materials and explosives.

(i)

Household refuse. The term "household refuse" shall mean all refuse (other than ashes, or dead animals, yard waste, hazardous refuse and animal litter) incident to the ordinary conduct of the household which can be placed in thirty-two (32) gallon containers, or town-provided mobile refuse carts. This shall include garbage, rubber, paper, rags, cans, boxes, cartons, glass, crockery, dust, etc.

(j)

Industrial waste. The term "industrial waste" shall mean all waste generated from factories, processing plants and other manufacturing enterprises.

(k)

Multiple residential development. For the purposes of section 8-35, a multiple residential development is a development with six (6) or more residential units per zoning lot, regardless of whether said units are in unified, condominium or other form of ownership. For purposes of this section only, individual subdivided townhouse lots within a planned development or approved multifamily development shall not be considered separate zoning lots; instead, the applicable zoning lot shall be deemed to be the planned development or approved multifamily development.

(l)

Person. The term "person" shall mean a person, group of persons, firm, company, corporation or association.

(m)

Refuse receptacles. The term "refuse receptacles" shall mean a mobile refuse cart or a can or container of metal or plastic and of substantial construction, watertight with tight fitting lid, provided with handles sufficient for safe and convenient handling, which shall be kept in serviceable condition and covered at all times. Such receptacles shall have a capacity of not less than ten (10) gallons nor more than thirty-two (32) gallons. Receptacles must be approved by the solid waste services division. Mobile refuse carts will be available from the town.

(n)

Retail, wholesale and commercial. The term "retail, wholesale and commercial" shall mean any office, retail store, wholesale store, bottling plants, printing establishments, service station, religious, charitable or government offices, private clubs, schools and hospitals.

(o)

Rubbish. The term "rubbish" shall mean a variety of both combustible and noncombustible solid waste materials, except garbage and yard waste; and the term shall include wood other than that which meets the definition of yard waste; ashes, leaves, grass clippings, small appliances, etc.

(p)

Small dead animals. The term "small dead animals" shall mean cats, dogs and other animals of similar size.

(q)

Yard waste. Those organic materials commonly consisting of leaves, grass, weeds, hedge clippings, yard and garden waste, Christmas trees, pine straw, branches, small logs, twigs and all vegetative matter resulting from residential landscaping activities.

(r)

Yard waste container. Reusable (rigid) containers (refuse receptacles) made of plastic, metal or fiberglass with a capacity of no more than approximately forty (40) gallons and a loaded weight not to exceed sixty (60) pounds. These containers shall have a tight fitting lid and handles of adequate strength for lifting.

(Ord. of 10-26-70, § 1; Ord. No. O-77-25, § 1, 5-9-77; Ord. No. O-82-39, § 1, 6-14-82; Ord. No. 91-1-14/O-1, §§ 1, 2; Ord. No. 93-1-11/O-2, §§ 6-11; Ord. No. 94-3-16/0-1, § 1; Ord. No. 96-3-25/O-2, § 1; Ord. No. 2001-02-26/O-2, § 2)

Sec. 8-22. - Reserved.

Editor's note—

Ord. No. 2001-02-26/O-2, § 3, repealed § 8-22, which pertained to scope, applicability of pre-collection practices. See the Code Comparative Table.

Sec. 8-23. - Refuse receptacles required.

Every person producing or having garbage or household refuse collected by the town shall provide and keep on the premises or property occupied or used by him/her, refuse receptacles or bulk containers to handle all accumulations of garbage and household refuse on said premises or property in the interval between collections by the town. (The exceptions are those premises/properties located in a designated downtown disposal area served by a town-provided compactor and those premises/properties outside the designated area that request and are accepted by the town manager to be included.) Every such person shall dispose of all household refuse and garbage which accumulates on his/her premises in a clean and sanitary manner by placing it in the refuse receptacle, yard waste containers, bulk containers or compactors in order to protect the safety and health of town employees and the public at large. All garbage and household refuse shall be placed in watertight bags and secured at the top to prevent spillage before being placed in refuse receptacles. The town will not make pickups from condemned refuse receptacles, yard waste containers and bulk containers.

(Ord. of 10-26-70, § 2(a); Ord. No. O-77-25, § 1, 5-9-77; Ord. No. 93-1-11/O-2, § 12; 94-3-16/O-1, § 2; Ord. No. 97-11-24/O-3, § 1, 11-24-97)

Sec. 8-24. - Rubbish disposal.

Kraft board, wooden crates, or other rubbish shall be flattened and tied in bundles of such size that they can be handled by one collector or placed in either plastic bags, heavy paper bags, or refuse receptacles. Such bundles, bags, etc. shall be placed at the front of the premises or immediately adjacent to that portion of the street right-of-way normally used by vehicles or pedestrians.

Furniture and appliances may be placed behind the curb for special pickup after the public works department has been notified.

(Ord. of 10-26-70, § 2(b); Ord. No. O-77-25, § 1, 5-9-77; Ord. No. O-78-30, § 1, 5-22-78; Ord. No. 91-1-14/O-1, § 4; Ord. No. 93-1-11/O-2, § 13; Ord. No. 96-3-25/O-2, § 2)

Sec. 8-24.1. - Brush disposal.

Yard waste materials should be kept separate from and shall not be mixed with any other solid waste material for the purposes of residential collection by the town.

(a)

During the annual fall and winter leaf collection season (October 15 through March 15), residents desiring leaf waste collection by the town shall rake their leaves to a place behind the existing curbline of the street, or, where no such curbline exists, the leaves shall be placed off the street pavement and between the roadside ditch and the front property line.

(b)

Residents of the town desiring yard waste material collection shall place that material in rigid yard waste containers behind the existing curbline of the street, or, where no such curbline exists, that material shall be placed off the street pavement and between the roadside ditch and the front property line. Yard waste materials such as limbs, twigs, shrubs, plant or hedge clippings should be tied securely in bundles not heavier than fifty (50) pounds, not more than four (4) feet in length and not more than twenty-four (24) inches in diameter, so that they can be handled by one person.

All such bundled yard waste material shall be placed behind the existing curbline of the street or, where no such curblines exist, the bundled yard waste material shall be placed off the street pavement and between the roadside ditch and the front property line. There is no restriction regarding the quantity of prepared yard waste placed at the curb for collection at any one time.

Yard waste (brush) which is in loose piles not exceeding three (3) cubic yards in size may be placed behind the existing curbline of the street or, where no such curblines exist, the maximum three (3) cubic yard pile of brush shall be placed off the street pavement and between the roadside ditch and front property line. Piles exceeding three (3) cubic yards will not be collected and the resident/owner will be responsible for their removal. Loose piles of pine straw, leaves or grass will not be collected except through the annual leaf collection program and must be placed in a yard waste container otherwise.

(c)

Residents of the town who, because of the nature or quantity of yard waste, or otherwise do not wish to prepare their materials as described in subsection (b) above, may utilize the town bulk yard waste container rental system. By appointment only, the town will deliver a bulk container of approximately fourteen-cubic yard capacity to the residence leaving it in a location both accessible to the delivery truck as well as convenient to the resident. They will be located on the resident's property when possible. The resident loads the container and the town returns, usually the next day, to collect and dispose of the loaded yard waste materials. Materials are to be manually loaded only (no machine loading permitted).

(Ord. No. 91-1-14/O-1, § 3; Ord. No. 93-1-11/O-2, § 14)

Sec. 8-24.2. - Yard waste collection schedules.

(a)

Curbside yard collection is performed on an unscheduled basis.

(b)

Bulk yard waste container service is scheduled by calling the public works department and scheduling a date on which the container is to be delivered, on a first come, first served basis. Monday through Thursday, the containers are delivered in the morning and collected the following morning. Fridays, the containers are delivered in the morning and collected on the following Monday morning.

(Ord. No. 93-1-11/O-2, § 15)

Sec. 8-24.3. - Limitations on service.

(a)

All yard waste materials not prepared and handled in accordance with the provisions of this policy shall not be collected by the town.

(b)

Grass, leaves or pine straw will not be collected in loose piles. These materials must be placed in a yard waste container for collection (except during the annual leaf collection season).

(c)

No materials such as trees, logs, stumps, shrubbery or underbrush resulting from land being cleared shall be collected by the town and shall be the responsibility of the contractor or builder. In the event that the contractor or builder fails to remove such material, it shall be the responsibility of the owner of the property.

(d)

Curbside yard waste collection service shall be provided only to residential solid waste customers of the town. This service will not be provided to institutional, business, commercial or industrial solid waste collection customers (except for the fall and winter leaf collection using leaf vacuum machines.

(e)

Plastic bags are not acceptable yard waste containers.

(f)

Dumpsters (commercial/multifamily bulk containers) containing yard waste will not be collected.

(g)

All tinsel, nails, screws, wires, ribbon and other nonvegetative material shall be removed from Christmas trees by the resident prior to being set out for collection. Wreaths may be set out by residents for collection provided that the wreaths are free from wire, screws, metal frames and any/all other nonvegetative material.

(h)

Loose piles of yard waste (brush) exceeding three (3) cubic yards will not be collected.

(Ord. No. 93-1-11/O-2, § 16)

Sec. 8-24.4. - Disposal of yard waste material.

(a)

All yard waste material shall be disposed of in accordance with all applicable local ordinances and state and federal rules and regulations.

(b)

No person shall burn yard waste material in the town without acquiring special permission form the town's fire marshall.

(c)

Home composting of yard waste is encouraged by the town and information or assistance is available from the town's public works department upon request.

(Ord. No. 93-1-11/O-2, § 17)

Sec. 8-25. - Problem refuse.

(a)

No ashes, tires, large pieces of metal or other objects likely to damage packer trucks will be picked up by the town or be set out by citizens for town pickup.

(b)

Objects containing human waste such as used diapers, prophylactics and sanitary napkins shall be placed in sealed, watertight bags or containers before being placed in garbage cans.

(c)

Animal litter shall be placed in watertight bags or containers and placed behind the curb for rubbish pickup.

(d)

No stumps or logs weighing seventy-five (75) pounds or more, and no stones will be picked up by the town or be set out by citizens for town pickup.

(Ord. of 10-26-70, § 2(c); Ord. No. O-77-25, § 1, 5-9-77; Ord. No. O-77-30, § 2, 5-22-78)

Sec. 8-26. - No cardboard to be placed in bulk containers and compactors.

(a)

No cardboard shall be placed in public in public or private bulk containers or compactors for collection and disposal at the Orange Regional Landfill.

(b)

No person shall purposely contaminate any corrugated cardboard so as to make it not recyclable and then place it in any public or private bulk container for disposal at the Orange Regional Landfill.

(Ord. No. 96-3-25/O-2, § 3)

Editor's note—

Ord. No. 93-1-11/O-2, § 18, adopted Jan. 11, 1993, amended the Code by repealing provisions contained in § 8-26. Said provisions pertained to the disposal of leaves and pine straw and derived from an ordinance adopted Oct. 26, 1970, § 2(d); Ord. No. O-77-25, § 1, adopted May 9, 1977. Ord. No. 96-3-25/O-2, § 3, adopted March 3, 1996, added a new § 8-26 to read as herein set out.

Sec. 8-27. - Refuse receptacles, bulk containers for retail, wholesale and commercial establishments.

Retail, wholesale and commercial establishments shall be limited to seven (7) refuse receptacles, or one bulk container unless arrangements have been made for additional collections and services. In the event that an establishment is located in a designated downtown disposal area served by a town-provided compactor, refuse receptacles used for any purpose other than transporting waste generated on the premises to the compactor will not be serviced by the town.

(Ord. of 10-26-70, § 2(e); Ord. No. 94-3-16/O-1, § 3)

Sec. 8-28. - Location, accessibility of refuse receptacles and bulk containers.

Bulk containers and containers utilized for once weekly residential curbside collections shall be kept in a place easily accessible to the town equipment and no service shall be given to those establishments or residences permitting objects, obstructions, or vehicles to hinder in any way whatsoever the servicing of said bulk containers or containers utilized for once weekly residential curbside collections. No refuse receptacles will be picked up from enclosed areas which are used to store anything besides refuse, or from locations or storage areas which create an unreasonable risk of injury to town personnel. When town personnel must pass through gates or other barriers to pick up refuse the town will not be responsible for damage caused to the barrier or by leaving it open.

(Ord. of 10-26-70, § 2(f); Ord. No. O-77-25, § 1, 5-9-77; Ord. No. 2001-02-26/O-2, § 4)

Sec. 8-29. - Disposal of industrial waste.

Industrial waste shall be collected, removed and disposed of by the operator of the factory, plant or enterprise creating or causing the same.

(Ord. of 10-26-70, § 2(g))

Sec. 8-30. - Prohibited deposits of hazardous, explosive, similar refuse.

No explosive substance, hazardous refuse, poisons, liquid wastes, or hazardous chemicals shall be placed in any receptacle used for collection of refuse by the town.

(Ord. of 10-26-70, § 2(h))

Sec. 8-31. - Responsibility of owner of container for materials placed for disposal.

(a)

The owner of any bulk container or compactor used for the disposal of solid waste which is intended to be delivered to the Orange Regional Landfill shall secure the container or compactor so that the owner maintains control over access to and use of said facility.

(b)

In addition, the owner shall properly and clearly label all bulk containers and compactors indicating that the disposal of corrugated cardboard in said facility is prohibited by town ordinance and that the disposal of prohibited materials is subject to civil or criminal penalty as provided by town ordinance.

(c)

For purposes of this section and section 8-44, the term "owner" shall include any person who has leased a bulk container or compactor for use on private property.

(d)

Nothing in this section shall be construed as relieving individuals other than the owner of responsibility for complying with town ordinances and regulations regarding the disposal of solid waste.

(Ord. No. 96-3-25/O-2, § 4)

Editor's note—

Ord. No. 93-1-11/O-2, § 19, adopted Jan. 11, 1993, amended the Code by deleting provisions contained in § 8-31. Said provisions pertained to the disposal of refuse from lot clearing and building construction sites and derived from an ordinance adopted Oct. 26, 1970, § 2(i). Ord. No. 96-3-25/O-2, § 4, adopted March 3, 1996, added a new § 8-31 to read as herein set out.

Sec. 8-32. - Deposits in public right-of-way.

It shall be unlawful for any person to place, deposit or leave or cause to be placed, deposited or left temporarily or permanently, to throw or cause to be thrown any trash, refuse, litter, garbage or waste material of any kind upon the right-of-way of any public street, sidewalk, highway or alley within the Town of Chapel Hill, except as hereafter authorized and approved:

(a)

Once weekly residential curbside collection. Refuse receptacles as identified in section 8-21(m) may be placed on the said right-of-way subject to the pre-collection practices set forth herein. Such refuse receptacles will be set at the existing curb line or street or, where no such curb line exists, the materials shall be placed off of the street pavement and between the roadside ditch and the front property line, off the traveled portion of the street. No container shall be placed so as to block the sidewalk.

(b)

Yard waste placed for collection. Yard waste may be placed on said right-of-way subject to the pre-collection practices set forth herein. Such rubbish shall be placed behind the existing curbline or the street, or where no such curblines exist, the bundled yard waste material shall be placed off the street pavement and between the roadside ditch and the front property line, off the traveled portion of the street. No yard waste shall be placed so as to block the sidewalk.

(Ord. of 10-26-70, § 2(j); Ord. No. O-73-7, 3-5-73; Ord. No. 91-1-14/O-1, § 5; Ord. No. 93-1-11/O-2, § 20; Ord. No. 2001-02-26/O-2, § 5)

Sec. 8-33. - Use of public litter receptacles restricted.

Cans or litter receptacles provided by the Town of Chapel Hill are placed on the streets, sidewalks, and in parks and other town facilities for the use of the public in disposing of litter. No person shall use such cans or areas adjacent to such cans for disposal of garbage, refuse or rubbish collected or accumulated on private property. Persons making deliveries of newspapers or other merchandise shall not use street cans or areas adjacent to such cans for disposal of garbage or refuse generated in the operation of their or their employer's business. No person shall use such cans, receptacles or areas adjacent to such cans for disposal of cardboard.

(Ord. of 10-26-70, § 2(k); Ord. No. 88-2-22/O-17, § 1; Ord. No. 96-3-25/O-2, § 5)

Sec. 8-34. - Deposits prohibited in storm drain, manhole, ditch or median.

No person shall throw, dispose or sweep from any household, yard, sidewalk or elsewhere, garbage or miscellaneous refuse into a storm drain, manhole, ditch or median within the Town of Chapel Hill.

(Ord. of 10-26-70, § 2(l))

Sec. 8-35. - Bulk containers for multiple residential units.

(a)

All new multiple residential developments of six (6) or more units per zoning lot shall provide bulk containers; provided, however, the manager may waive such requirement in those cases where the manager determines on the basis of evidence satisfactory to the manager that:

(1)

a.
The six (6) or more units are an addition of not greater than fifty (50) per cent to a multiple residential complex existing prior to the date of original enactment of this ordinance (March 5, 1973), and

b.

That such waiver would not be contrary to the intent of this ordinance of providing for efficient garbage collection services; or

(2)

That each practical location of such dumpster or dumpsters could reasonably create concern for safety or health considerations that, in the opinion of the manager, outweigh the concern and intent of this article for efficient garbage collection services.

(b)

Determinations by the manager under this section may be appealed to the council, and the council may make such determination and grant such exemption as if finds appropriate under the evidence presented.

(c)

No person shall place cardboard in any bulk container being provided for the disposal of solid waste at a multiple residential unit location under this section.

(Ord. of 10-26-70, § 2(m); Ord. No. O-73-6, § 1, 3-5-73; Ord. No. O-82-39, § 3, 6-14-82; Ord. No. 96-3-25/O-2, § 6)

Sec. 8-36. - Reserved.

Editor's note—

Ord. No. 2001-02-26/O-2, § 6, repealed § 8-36, which pertained to collection procedures—established. See the Code Comparative Table.

Sec. 8-37. - Collection procedures—Household refuse and garbage.

Household refuse and garbage in refuse receptacles will be picked up in the rear yard twice each week, or at the curb once each week in those areas of town designated for weekly curbside residential collections.

(Ord. of 10-26-70, § 3(a); Ord. No. 91-5-28/O-3, § 1; Ord. No. 2001-02-26/O-2, § 7)

Sec. 8-38. - Same—Commercial refuse.

(a)

Commercial refuse will be picked up twice each week from the premises of retail, wholesale and commercial establishments if properly contained in refuse receptacles or bulk containers as limited by this article. Additional collections will be made in accordance with the schedule of fees adopted by the council.

(b)

No person shall place cardboard in any bulk container being provided for the disposal of solid waste at a retail, wholesale or commercial establishment location under this section.

(Ord. of 10-26-70, § 3(b); Ord. No. 96-3-25/O-2, § 7)

Editor's note—

Section 8-7 establishes a schedule of fees for collection from businesses in the town.

Sec. 8-39. - Storage of bulk containers.

If an establishment served by a bulk container closes, the bulk container shall be removed within seven (7) days of said closing. If the container has not been removed by the owner within seven (7) days, the town will remove it and store it for up to six (6) months at a cost of twenty-five dollars ($25.00). If the owner has not claimed the container within six (6) months, the town may resell the container with proceeds above the removal and storage cost and cost of sale to be remitted to the owner.

(Ord. No. O-77-25, § 1, 5-9-77)

Sec. 8-40. - Reserved.

Editor's note—

Ord. No. O-72-25, § 1, adopted July 3, 1972, repealed former §§ 8-39 and 8-40 derived from Ord. of Oct. 26, 1970, § 3(c), (d). Said sections pertained to the collection of trimmings, clippings, animal litter, rubbish, bulky items and leaves.

Sec. 8-41. - Collection of dead animals.

Small dead animals will be collected without charge between 6:30 a.m. and 3:00 p.m., provided the body is in a location adjacent to street. Owners of large dead animals shall be responsible for their removal and disposal.

(Ord. of 10-26-70, § 3(e); Ord. No. O-77-25, § 1, 5-9-77)

Sec. 8-42. - Vehicles hauling garbage, rubbish or yard waste.

No vehicle hauling garbage, rubbish, yard waste or refuse shall be allowed to travel upon town streets or to deposit same at the Orange County regional landfill unless said garbage, rubbish, yard waste or refuse is enclosed in said vehicle or otherwise covered by same effective means to prevent spillage while traveling to the landfill.

(Ord. of 10-26-70, § 3(f); Ord. No. O-77-25, § 1, 5-9-77; Ord. No. 93-1-11/O-2, § 21; Ord. No. 2001-02-26/O-2, § 8)

Sec. 8-43. - Collection from businesses and other occupancies within and near designated downtown compactor project areas.

Notwithstanding any other provision of this chapter, the town may establish designated downtown compactor service areas for refuse collection services for businesses and other occupancies in and near the downtown area. The refuse collection procedures for such an area may be established by regulations promulgated by the town manager. The following areas shall be designated as being located within a designated downtown compactor area:

(a)

North 100 block of East Franklin Street and nearby properties. (Lots numbered 2 through 35 on Chapel Hill Township Tax Map 80A dated April 1, 1963, with revisions through 1991), including properties abutting the north side of East Franklin Street with current postal addresses of 101 East Franklin Street through 179 East Franklin Street, properties abutting the south side of the 100 block of East Rosemary Street and properties abutting the east side of the 100 block of South Columbia Street. The effective dates of the compactor service for the above properties shall be established by the town manager.

(b)

Reserved.

(Ord. No. O-85-72, 11-12-85; Ord. No. 94-3-16/O-1, § 4)

Sec. 8-44. - Penalties and enforcement.

(a)

Any violation of sections 8-23, 8-24, 8-24.1, 8-25, 8-26, 8-33, 8-35 or 8-38 shall constitute as civil violation and be subject to a civil penalty in the amount of twenty-five dollars ($25.00). Each day that a violation continues uncorrected shall constitute a separate violation. In addition, the town may refuse to empty any receptacle containing loose household refuse or garbage in violation of section 8-23

(b)

Any violation of sections 8-29, 8-30, 8-32 or 8-34 shall constitute a misdemeanor as provided by G.S. Section 14-4 and shall subject the violator to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days. Violations of sections 8-29, 8-30 or 8-34 may also be enforced by the assessment of a civil penalty as provided by law. Each day that a violation continues uncorrected shall constitute a separate violation.

(c)

The town may refuse to collect any private dumpster or compactor which it determines upon inspection contains corrugated cardboard or any other material prohibited by this article from being disposed of at the Orange Regional Landfill. If the town refuses service, a twenty-five dollar ($25.00) civil penalty will be assessed against the owner of the container. The town will advise the owner of the container of the violation and allow the owner three (3) days to correct the violation. If upon reinspection the container is found to still contain corrugated cardboard or other materials prohibited by this article, an additional civil penalty of fifty dollars ($50.00) shall be assessed. Each day the violation continues thereafter shall constitute a separate offense and subject the owner to an additional fifty dollars ($50.00) per day civil penalty. Service of the container may be refused by the town until the violation is corrected.

(d)

Any violation of the requirements of section 8-31 for the owner to properly secure and label a dumpster, bulk container or compactor shall subject the owner thereof to a civil penalty of twenty-five dollars ($25.00) If the violation is not corrected within three (3) days, an additional civil penalty shall be assessed in the amount of fifty dollars ($50.00). Each day the violation continues thereafter shall constitute a separate offense and subject the owner to an additional fifty dollars ($50.00) per day civil penalty. If the container is one which is being collected by the town, the town shall refuse service until the violation(s) is/are corrected.

(e)

Upon a determination that any party is placing corrugated cardboard or any other material, the disposal of which is prohibited by the Town Code, in a town-owned compactor or dumpster, the town may suspend that person's right to use the town container for disposal of solid waste. Upon suspension of such service, said person shall immediately return to the town any key(s) provided by the town for access to said container. Violation of this section shall constitute a civil penalty in the amount of fifty dollars ($50.00).

(f)

The public works director and his/her designees are authorized to determine the existence of the violations and to assess the civil penalties established by this article by issuing a citation to the person determined to be in violation or by sending a letter to the property owner responsible for the violation. Any such notice or citation shall state the nature of the violation and the procedures available for review of the penalty imposed.

(g)

Any violation and penalty assessed under this article may be appealed to the town manager provided such appeal is filed with the town manager's office within fifteen (15) days after notice of said civil penalty. If an appeal is timely filed, the manager or his designee shall conduct an administrative hearing; shall consider any information the party assessed the penalty presents; and shall render a decision on the appeal within ten (10) days of the conclusion of the hearing. If no appeal is filed the determination of the public works department shall be final.

(h)

Any penalty not paid within thirty (30) days assessment or the conclusion of any appeals taken under the provisions of this section may be recovered by the town in a civil action in the nature of the debt. In addition to the penalties and remedies provided by this section, the town manager may institute any appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this article.

(Ord. No. 92-4-13/O-4, § 6; Ord. No. 96-3-25/O-2, § 8; Ord. No. 97-11-24/O-3, § 1, 11-24-97)

Sec. 8-45. - Enforcement of yard waste regulations.

The collection and removal of yard waste from premises in the town is under the jurisdiction of the manager or his/her designee. Enforcement of this policy is under the supervision of the public works director. Yard waste placed for disposal that is not in compliance with the yard waste regulations contained herein will not be collected by the town and shall be subject to town enforcement provisions.

(Ord. No. 93-1-11/O-2, § 22; Ord. No. 96-3-25/O-2, § 9)

Editor's note—

Ord. No. 93-1-11/O-2, § 22, adopted Jan. 11, 1993, amended the Code by adding provisions designated as § 8-44. Inasmuch as there are already provisions so designated, said provisions have been redesignated as § 8-45 at the discretion of the editor.

Sec. 8-46. - Collection of service fees.

The charges to be assessed and collected for disposal services within the designated downtown disposal area will be established annually by council through the adoption of the annual budget.

(Ord. No. 94-3-16/O-1, § 5)

Editor's note—

Ord. No. 94-3-16/O-1, § 5, adopted March 16, 1994, amended the Code by adding provisions designated as § 8-45. Inasmuch as there are already provisions so designated, said provisions have been redesignated as § 8-46 at the discretion of the editor.

Secs. 8-47—8-50. - Reserved.