HomeMy Public PortalAbout11-12-2013 illegal dumping Joint PW and RO Committee Report (1)_201311071038157560Town Council
Town of Watertown
Joint Meeting of the Committee on Public Works
and the Committee on Rules and Ordinances
Meeting: October 15, 2013
Report: November 12, 2013
The two committees met Tuesday October 15th at 3:00 pm in the Council Office to discuss fines for
illegal dumping.
Present were: John Donohue, R&O Chair; Cecilia Lenk, PW Chair; Stephen Corbett, PW Vice -chair
and R&O Secretary; and Vincent Piccirilli, R&O Vice -chair and PW Secretary. Also in attendance was
DPW Superintendent Gerald Mee.
The discussion began with the issue raised in the August 14, 2012 Public Works Committee report
regarding the illegal dumping of material outside the recycling center. The Committee felt that the
current ordinances 96.02 Placing Articles on a Public Way or Sidewalk and 96.05 Placing of Ashes and
Dirt Upon a Public Way, along with the fines in section 96.99 Penalty do not seem to adequately
address this issue. (attached)
The Committee discussed the entire issue of illegal dumping throughout the Town, including the need
to address issues with the new automated recycling & trash system as identified in the July 12, 2011
Public Works Committee report, and the general issue of trash being dumped on any public property in
Watertown. It also includes household trash being discarded in municipal trash cans.
The Committee developed a proposed new ordinance for Waste Disposal on Public Property, (see
attached).
The Joint Committee voted unanimously to recommend to the full Town Council:
1. To ask the Town Attorney to review the proposed new ordinance, with fines to be handled
through non -criminal disposition, and to provide a revised draft for further discussion by the
Joint Committee.
2. To ask the Administration for a recommendation on the Budget Policy Guideline of inspectional
services, as this is a critical element to enforce ordinance.
The meeting adjourned at 2:55 PM.
Report submitted by: Vincent Piccirilli
Page 1 of 2
Joint Meeting of Committees on Public Works and Rules & Ordinances Report (1) — November 12, 2013
A new Waste Disposal on Public Property Ordinance:
Definitions:
a) Waste is defined as any trash or unwanted material, including material which is recyclable.
b) Public property includes all streets, sidewalks, or any other publically-owned land, and shall
include dumpsters designated for the sole use of a municipal facility.
c) Public trash/recycling receptacle is defined as a container designed for the disposal of small
hand -carried items by pedestrians.
d) Household waste is defined as any material resulting from the normal, daily operation of a
residential household.
e) Commercial waste is defined as any material resulting from the normal, daily operation of a
commercial business, excluding Construction/Demolition waste.
f) Construction/Demolition waste is defined as any material resulting from construction,
demolition, or renovation activities, and includes any building materials as carpet, windows,
cabinets, and the like.
1. The placing of any household waste on any public property or in any public trash/recycling
receptacle shall be subject to a fine of up to $300, plus the full cost recovery for the removal by
the Town of Watertown, if the material is not removed within 12 hours after notification by the
Town.
2. The placing of any commercial waste on any public property or in any public trash/recycling
receptacle shall be subject to a fine of up to $500, plus the full cost recovery for the removal by
the Town of Watertown, if the material is not removed within 12 hours after notification by the
Town.
3. The placing of any construction/demolition waste on any public property or in any public
trash/recycling receptacle shall be subject to a fine of up to $1,000, plus the full cost recovery for
the removal by the Town of Watertown, if the material is not removed within 12 hours after
notification by the Town.
4. Exclusions:
a. Trash or recycling placed in a secure covered metal or plastic container for pickup by a
municipal or private hauler shall be excluded from this ordinance, provided that the
receptacle is not placed on the public way before 5:00 pm on the day before the pickup is
scheduled, nor left on the public way after 8:00 pm on the day of the pickup.
b. Burnable bulk household items that are allowed for pickup by a municipal or private
hauler shall be excluded from this ordinance, provided that the items are not placed on
the public way before 5:00 pm on the day before the pickup.
c. Yard waste for municipal pickup, provided the material is placed in approved containers
and is not placed on the public way before 5:00 pm on the day before the pickup.
d. Commercial waste cardboard for recycling that is flattened and securely bundled to be
picked up by a municipal or private hauler shall be excluded from this ordinance,
provided that the items are not placed on the public way before 5:00 pm on the day
before the pickup.
5. For the purposes of this ordinance, the violator shall be assumed to be the abutting property
owner where waste is left on a public way in front of a privately owned building, unless an
investigation determines otherwise.
Page 2 of 2
4 § 96.02 PLACING ARTICLES ON PUBLIC WAY OR SIDEWALK.
(A) No person shall place or cause to be placed upon any public way or sidewalk, any lumber,
iron, wood, coal, trunk, bale, box, crate, cask, barrel, package or other thing, and allow the same
to remain for more than 1 hour, or more than 10 minutes after being notified by a police officer;
provided that the provisions of this section shall not apply to the placing of ashes refuse or
garbage in proper receptacles for collection under public authority and provided further that all
store waste shall at all times be kept in suitable covered, metal containers on the store premises
and the same shall not be placed on the street or sidewalk for collection until the day specified in
each week by the Manager or the Superintendent of Highways for the regular collection of the
same in the locality where the store is situated.
(B) No person shall transport or cause to be transported into the town for the purpose of dumping
or depositing the same in any place in the town any ashes, paper, dirt, waste, garbage, refuse,
rubbish or filth of any kind or any animal or vegetable substance or any abandoned or discarded
material of any name or nature without the written permission of the Manager. Such permission
shall not be granted by the Manager until satisfied that such waste or material shall be carried in
such a manner and in such vehicles and shall be deposited in such a place and in such a manner
that the same shall not be likely to become littered or scattered about the streets or in any private
property to cause a nuisance and such permission may be revoked at any time by the power
granting the same.
(1982 Code, Ch. VII, § 2) Penalty, see § 96.99
4 § 96.05 PLACING OF ASHES AND DIRT UPON PUBLIC WAY.
No person shall, without the written permission of the Town Manager, place or cause to be
placed in or upon any public way, or sidewalk, any ashes, dirt, rubbish or filth of any kind, or
any animal or vegetable substance.
(1982 Code, Ch. VII, § 6) Penalty, see § 96.99
Al § 96.99 PENALTY.
(A) The penalty for violation of § 96.16 shall be $200.
(1982 Code, Ch. VIII, § 24)
(B) Anyone violating the prohibitions of § 96.25 of this chapter shall be subject to a specific
penalty of a fine in an amount up to $300 for each offense. The fine structure is as follows:
(1) All first violations: Documented warning.
(2) Subsequent violations:
(a) Residential (less than 6 dwelling units):
1. Manual snow shoveling:
a. Second violation: $25 fine.
b. Third or more violations: $50 fine.
2. Mechanized snow shoveling:
a. Second violation: $25 fine.
b. Third violation: $100 fine.
c. Fourth or more violations: $300 fine.
(b) Commercial and 6 or more dwelling units residential:
1. Manual snow shoveling:
a. Second violation: $50 fine.
b. Third or more violations: $300 fine.
2. Mechanized snow shoveling:
a. Second violation: $150 fine.
b. Third or more violations: $300 fine.
(1982 Code, Sec. 5(B)) (Am. Ord. 90, passed 12-10-1991; Am. Ord. 4, passed 1-28-1992)
(C) Anyone violating § 96.26 of this chapter shall be fined as follows:
(1) A warning shall be issued for the first violation for any given snowfall.
(2) A fine of $25 shall be imposed for a second violation during any calendar year.
(3) A fine of $50 shall be imposed for a third and subsequent violation during any calendar year.
(4) These penalties may be enforced by non -criminal disposition procedures pursuant to Mass.
Gen. Laws Ch. 40, § 21D and § 36.05 of this code.
(Ord. 39, passed 5-13-1997)
(D) Any person violating any other provision of this chapter shall be punished according to §
10.99 of this code.
I § 10.99 GENERAL PENALTY.
(A) Any person violating any provision of this code, or any rule or regulation of any Watertown
officer, board or department (including without limitation any sanitary code or regulations of the
Board of Health issued pursuant to Mass. Gen. Laws Ch. 111, §§ 31 and 31B, and any Fire
Safety Code issued by the Fire Chief pursuant to Mass. Gen. Laws Ch. 148, § 28), provided that
the issuance or adoption of any such code, rule or regulation was the subject of a public notice
prior to the effective date and that on the date of the alleged violation a confirmed copy of the
current version of that code, rule or regulation was available in the Town Clerk's office,
including any mandate, requirement, prohibition, or proscription, shall be subject to the penalties
set forth in division (B) of this section.
(B) Except as set for in § 35.05 of this code, and unless controlled by Massachusetts General
Laws and unless other fine or penalty is expressly stated in this code, violators of any provision
of this code, rules or regulations shall forfeit and pay a fine not to exceed $300.
(C) A separate offense shall be deemed committed upon each day during which a violation
occurs or continues and shall be subject to a separate penalty.
(1982 Code, Ch. I, § 6) (Am. Ord. 31, passed 3-26-1991)
Cross-reference:
Non -criminal disposition, see § 35.05
J § 35.05 NON -CRIMINAL DISPOSITION.
(A) Any town officer, department head, or employee taking cognizance of a violation of any
ordinance, code, rule or regulation that he or she is empowered to enforce and the violation of
which ordinance, code, rule or regulation is subject to a specific penalty, may also, in his or her
discretion, with or without applying for a criminal complaint, issue citations and notice to appear
before the clerk of the District Court, pursuant to Mass. Gen. Laws Ch. 40, § 21D, to such person
who violates any provision, including any mandate, requirement, prohibition or proscription, of
such ordinances, code, rule or regulation.
(B) The provisions of division (A) of this section shall not apply to the enforcement of codes,
rules and regulations unless the issuance or adoption of such code, rule or regulation was the
subject of a public notice prior to the effective date and that on the date of the alleged violation a
conformed copy of the current version of such code, rule or regulation was available in the Town
Clerk's office.
(C) (1) Any person notified to appear before the clerk of the District Court as hereinbefore
provided may so appear and confess the offense charged either personally or through a duly
authorized agent or by mailing to the Town Clerk together with the notice the specific sum set
forth on the notice, which shall be the specific penalty set forth in the ordinance, code, rule or
regulation, but in no case shall be more than:
(a) $25 for the first offense;
(b) $50 for the second offense; and
(c) $100 for the third and any subsequent offense, or as otherwise limited by Massachusetts
General Laws.
(2) Notwithstanding the foregoing, the enforcing officer shall have the discretion to issue a
warning in lieu of the citation for $25 for the first offense.
(3) The Town Clerk shall forward such sums collected to the Treasurer -Collector. If the
Treasurer -Collector, instead of the Town Clerk, receives directly from the payor any sums or
payments as described above, then the Treasurer -Collector shall keep and deposit the sums or
payments and shall also notify the Town Clerk of receipt of payment, so that the Town Clerk
may deem payment to have been made on his or her records.
(D) Upon receipt of the notice, the Town Clerk shall forthwith notify the District Court clerk of
payment, and the receipt by the District Court clerk of notification shall operate as a final
disposition of the case.
(E) Nothing herein shall be construed to limit the authority of the enforcing officer to cancel or
rescind a notice or citation previously issued, or to retrieve it from the District Court, if in the
judgment of the enforcing officer circumstances warrant such action.
(1982 Code, Ch. I, § 7(b)) (Am. Ord. 31, passed 3-26-1991; Am. Ord. 32, passed 5-12-1992)
Cross-reference:
General penalty provisions, see 5C 10.99