Article VIII. Night Time Commercial Refuse Collection.

Section 17-47. Purpose.

The purpose of this Article is to reduce the noise associated with the collection of refuse at properties within the Town during the hours that persons traditionally sleep, so that the residents of the Town will have available to them a period of relative quiet which they may obtain restful sleep. (Ordinance 383 effective 2/2/1999)

Section 17-48. Prohibited Conduct.

(A) A commercial reuse hauler, and an owner, officer employee or agent of a commercial refuse hauler, shall not, at any time between the hours of 10:00 o’clock p.m. and 6:00 o’clock a.m., local time, commit or cause to be committed upon any property within the Town, any of the following acts:

1. The deployment or delivery of a dumpster by a motor vehicle; or

2. The loading of a dumpster onto a motor vehicle: or

3. The unloading, emptying or collection or refuse from a dumpster

Each of the above-described prohibited acts, which is committed by the owner, officer, employee or agent of a commercial refuse hauler, and which is committed with the prior knowledge, consent or authorization of that commercial refuse hauler, shall be considered to have committed by that commercial refuse hauler.

(B) A person shall not, at any time between the hours of 10:00 o’clock p.m. and 6:00 o’clock a.m., local time, cause, authorize or permit to be committed upon any property which he/she owns, occupies or operates within the Town, any of the following acts:

1. The deployment or delivery of a dumpster by a motor vehicle; or

2. The loading of a dumpster onto a motor vehicle; or

3. The unloading, emptying or collection of refuse from a dumpster.

Each of the above-described prohibited acts which is committed by the owner, officer, employee or agent of a non-residential property owner, occupant or operator, and which is committed with the prior knowledge, consent or authorization of that non-residential property owner, occupant or operator, shall be considered to have committed by that non-residential property owner, occupant or operator.

(Ordinance 383 effective 2/2/1999)

Section 17-49. Penalties for Violations.

(A) A violation of any provision of this ordinance shall be a municipal infraction and shall be subject to the penalties set forth in Section 1-8(b) of the Town Code.

(B) Each instance in which a refuse container is deployed, delivered, loaded or emptied by a commercial refuse hauler, and each property at which a violation of this ordinance occurs, shall constitute a separate violation.

(C) The violation of each section or provision of this ordinance shall constitute a separate offense.

(D) For the purpose of this section, a subsequent violation of this ordinance shall mean:

1. A violation by the same person on a parcel of real property owned, occupied or operated by a different person on the same date as a previous violation, and for which subsequent violation the same person is charged as was charged with the previous violation; or

2. A violation by the same person on the same parcel of real property on a date subsequent to a previous violation, and for which subsequent violation the same person is charged as was charged with the previous violation; or

3. A violation by the same person on a parcel of real property owned, occupied or operated by a different person on a date subsequent to a previous violation, and for which subsequent to a previous violation, and for which subsequent violation the same person is charged as was charged with the previous violation.

(E) Nothing herein contained shall prevent the Town from taking such other lawful action as is necessary to prevent or remedy any violations of this ordinance, including seeking an abatement order from the District Court or any other court having jurisdiction, pursuant to Maryland Annotated Code Article 23A §3 or any successor statute. The Town may also enforce this ordinance by civil action for declaratory judgment and/or injunction, in addition or, as an alternative to, citing the violator for a municipal infraction. In the case of a civil action for declaratory judgment and/or injunction, the Town may recover its legal fees and court costs from the violator.

(Ordinance 383 effective 2/2/1999)

Section 17-50. Definitions.

Except for those words and terms defined herein, all other words and terms shall have their normal and ordinary meaning within the context of this ordinance. For the purpose of this ordinance, the following words and terms shall be defined and interpreted as follows:

(A) The term "commercial refuse hauler" shall mean any person who is in the business of collecting refuse from the land of another for a fee by means of a dumpster which is loaded onto a truck, or by means of a dumpster which is emptied into a truck, but shall not include employees of the Town of Easton.

(B) The term "dumpster" shall mean any container used, or intended for use, in the collection of refuse.

(C) The term "non-residential property" shall mean real property which is used or occupied, in whole or in part, other than as a single family residence.

(D) The term "person" shall include a natural person, as well as a firm, association, organization, partnership, company, or corporation.

(E) The term "refuse" shall include debris, garbage, junk, rubbish, trash or waste of any type.

(F) The word "shall" is mandatory; the word "may" is permissive.

(G) The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular. (Ordinance 383 effective 2/2/1999)

Section 17-51. Separability Clause.

Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. (Ordinance 383 effective 2/2/1999)