Article 11 Health

Section 11.1: Purpose

The purpose of this Ordinance is to set forth standards and establish specific requirements to be adhered to by property owners and tenants in maintaining their dwellings and properties at a standard that they be kept free from vermin and rodent infestation, that dwellings be kept in such repair as to be fit for human habitation, and to provide for the control of weeds on vacant lots and/or properties within the Town Limits; in addition, to granting the Town Council authority to issue orders compelling compliance with the provisions hereof, and to correct such conditions at the expense of the property occupants or owners of properties upon which violations occur. The intent of this Ordinance is to require that all dwellings and vacant areas be kept clean and free from accumulated litter.

Section 11.2: Dwellings, Yards and Vacant Areas and Lots

Every dwelling lot or vacant area within the Town Limits, and every part thereof, shall be kept clean, presentable and free from any accumulation of accumulated litter, discarded appliances, dismantled and inoperative vehicles--water craft, motor cycles, construction debris (scrap wood, plumbing accessories, dry wall, broken-up concrete, etc.), automobile parts and chemicals (engine blocks, fenders, bumpers, used and/or drained motor oil or transmission fluid, etc.), rubbish--discarded furniture, garbage and similar matter as not to be a danger to the health of any occupant thereof, or hazard to the adjoining property thereto, and shall be kept free from vermin and rodent infestation. It shall be the duty and responsibility of each occupant or owner of a dwelling unit, lot or vacant area to remove dead or dying tree or dying limbs (except those planted by the Town) by reason of rotting, deteriorating condition or storm damage which constitutes a hazard to person or property in the vicinity. These conditions will not be allowed to exist or accumulate on any private property or property adjoining any streets, alleys or lanes in the Town11. All yard, lawns, lots and vacant areas immediately adjacent to improved property shall be kept covered with sufficient ground cover, such as grass, and in addition, it shall be kept clean-and free from weeds and brush exceeding eight (8) inches in height. It shall be the duty of each occu¬pant or owner of a dwelling unit, lot or vacant area, to keep, in a clean condition the portion of the property which he or she occupies or over which he has ex¬clusive control. If the occupant or owner shall fail to keep his portion of the property clean as above pro¬vided, the Town Council may send a written notice to such occupant or owner requesting him to remedy such condition within the time specified in said notice, said time not to be less than three (3) days.

Upon failure of the occupant or owner to comply with such notice, the Town, through its officers and agents, shall have the power to enter upon the premises and cause such conditions to be corrected. The cost incurred by the Town shall be recovered in the manner outlined in paragraph 49 of the Town Charter (Article 20 b).

Section 11.3: Trash Receptacles (Trash and Garbage Disposal and Receptacles)

A. Littering

(1.) Public Property - It shall be unlawful for any person to keep exposed or to deposit, throw or place, cause to be deposited, thrown or placed, or to allow to accumulate any garbage or trash in any avenue, street, alley or public place within the corporate limits of the Town, unless the same shall be enclosed in proper vessels or containers as herein provided. The word "garbage" in this Ordinance is defined and shall be held to mean the refuse of any animal and vegetable food-stuffs, bottles, cans, and packages containing particles thereof. The word "trash" to this Ordinance is defined and shall be held to mean all refuse not within the definition of "garbage" including other empty cans, bottles, and paper products.

(2.) Private Property - It shall be unlawful for any person to keep exposed or to deposit, throw or place, cause to be deposited thrown or placed, or to allow to accumulate any garbage or trash upon any private property, commercial or otherwise, whether owned by such person or not, within the proper vessels or containers as herein provided. The word "garbage" and the word "trash" are defined in 11.3A.1.

(3.) Compost Piles - Nothing in this Sub-Section shall be interpreted to prohibit private compost piles maintained in a manner to control and prevent rodent infestation and obnoxious odors.

B. Trash and Garbage Receptacles

(1.) Public Trash Receptacles - It shall be unlawful for any person or persons to take and carry away, or willfully break, damage or destroy any containers or other receptacles maintained by the Town upon any street or alley in the Town for the reception of paper, fifth, or waste matter. Such receptacles shall not be used for the reception of waste material from commercial establishments or residential homes.

(2.) Commercial Trash and Garbage Receptacles - Proprietors of boarding¬houses, restaurants, stores, and other places where trash and garbage is accumulated, and/or owners and agents of such places shall provide for the use of such premises a suitable mechanical disposal approved by the local health officer, or, a receptacle or receptacles to contain all garbage which may be accumulated on said premises during the interval between the collection of garbage there from. Such receptacles shall be kept in good repair at all times. Each such receptacle shall be made of durable material, watertight, provided with a tight cover and shall be so constructed that the contents can be removed easily by the waste collectors contracted by the commer¬cial establishment.

(3.) Noncommercial Trash and Garbage Receptacles - Receptacles for non¬commercial dwelling (private homes) containing "garbage" shall be leak proof and shall be kept securely covered at all times. Garbage shall not be placed in plastic bags or other containers which can be opened by animals. Receptacles containing "trash" must be securely closed to prevent the contents from littering the area. These receptacles must be of such size and girth that they can be easily handled by the Town's contracted refuse collectors.

C. Trash and Garbage Collection

(1.) Regular Collection - "Garbage" and "Trash" receptacles shall be placed within two feet of the curb line on the two regularly scheduled collection days per week; however, these scheduled collection days could change annually depending on the Town and the refuse contractor negotiation prior to signing a contract.

(2.) Bulky Trash Collection - Bulky trash will be collected one day a week simultaneously with the regular scheduled collection. Bulky trash is considered to be discarded furniture ONLY, and must be placed in the same location as the trash receptacle on the eve of the scheduled bulky trash collection day. Water heaters and inoperative appliances will no longer be picked up by the refuse contractor. Occupants will be responsible for disposing of these items. Occupants are responsible for disposing of automobile motors and parts, fallen trees, cinder blocks, concrete, building materials, motor cycles, etc.

(3.) Placing Receptacles and Bulky Trash - No garbage and/or trash receptacles or bulky refuse shall be permitted to be placed at curbside prior to sun set on the evening prior to the designated collection day and the empty receptacles shall be removed prior to sun-rise the day following the scheduled collection day.

(4.) Yard Refuse: Bundled brush (length not to exceed 4 feet), bagged leaves and grass clippings will be picked up only on special designated day.

(5.) Service Charge: When it becomes necessary for the Town Employees to pick up any appliance item there will be a charge of $35 per item. These items must be located at curb side for pick up. Appliances are considered to be all of the following, water heaters, washers, dryers, stoves, refrigerators, freezers. Occupants are responsible for disposing of these items: auto parts, bicycles, sheds, exercise equipment, motorcycles, fallen trees, metal items, and all types of building supplies. Tires are $4, with rim $6.

Section 11.4: Recycling

Items to include in recycling are metal, glass and plastic food, beverage and soap containers, (no broken glass or oil containers). Newspapers should be placed in paper bags or tied securely and placed next-to-the receptacle. A yellow receptacle has been provided and shall be placed within two feet of the curb line on the regular scheduled collection day by 6:30 AM and the empty receptacle shall be removed prior to sun-rise the day following the scheduled collection day. Recyclables are not collected on, New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Labor Day, and Christmas Day.

Section 11.5: Penalty

Any person violating the provisions of the Article shall be guilty of an, infraction and shall, upon conviction, be fined not more than one hundred dollars ($100.00) for the first offense. Repeat offenders may be assessed a fine not to exceed two hundred dollars ($200) for each repeat offense.