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Town Code: Public Services
Bulky Printed Material
Chapter 29. Bulky Printed Material
[HISTORY: Adopted by the Town of Weston effective 6-2-2011 (Ch. 11A of the 1981 Code). Amendments noted where applicable.]
§ 29-1. Purpose.
The purpose of this chapter is to protect the public safety of persons, reduce unnecessary environmental waste, and save money for the residents of the community of Weston by establishing standards for the placement of unsolicited bulky printed materials on private property. These standards are designed to protect and promote the public welfare, health and safety of persons within the community, and to aid in the development and promotion of community affairs.
§ 29-2. Definitions.
Any commercial, advertising or promotional document consisting of more than 100 pages.
Any natural person or any business, legal or governmental entity or association.
§ 29-3. Rules and regulations.
No person shall cause to be thrown, deposited or distributed any unsolicited bulky printed material in or upon any private premises if requested by the resident thereof not to do so.
Any unsolicited bulky printed material caused to be thrown, deposited or distributed in or upon any private premises shall bear, in conspicuous print on the front cover and/or in the table of contents thereof 1) a statement that the resident has the option not to receive such material, and 2) a toll-free number, mailing address, website address or electronic mailing address that the resident may use to provide notice that such resident no longer wishes to receive such material. Such material shall not be distributed to the resident at such premises, beginning 90 days after the request is made, for a period of three years after such notice is given.
Even if the resident of any private premises has not elected to opt-out pursuant to Subsections A and B of this section, the following provisions shall apply to such private premises:
No person shall cause to be thrown, deposited or distributed any unsolicited bulky printed material in or upon such private premises if doing so would produce litter, as defined in C.G.S. § 22a-248(4).
Any person who causes to be thrown, deposited or distributed any unsolicited bulky printed material in or upon any private premises shall retrieve any such bulky printed material that residents do not pick up within 30 days.
Any person who causes to be thrown, deposited or distributed any unsolicited bulky printed material in or upon any private premises shall pay for all costs incurred by the Town in cleaning up litter caused by such unsolicited bulky printed material found on sidewalks, streets, and in storm drains.
§ 29-4. Penalties for offenses; enforcement.
Any person violating any of the provisions of this chapter shall be fined $90 for each such violation. Each such occurrence of a violation and each day such a violation is permitted to continue shall constitute a separate violation and shall be subject to a separate penalty. All fines imposed under this section shall be enforced by citations issued by the enforcing officer, defined as the First Selectman or his/her designee, acting pursuant to the provisions of Section 5.1 of the Town Charter. The enforcing officer shall follow the applicable procedures set forth in C.G.S. § 7-152c.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The First Selectman is hereby authorized to appoint an Appeals Committee consisting of three residents of the Town of Weston, appointed by the First Selectman and approved by the Board of Selectmen, who shall act by majority vote as citation hearing officers, pursuant to the applicable provisions of C.G.S. § 7-152c, in all hearings for alleged violations of this chapter.
§ 29-5. Jurisdiction.
This chapter shall apply throughout the Town of Weston.
Parks Recreation
Chapter 135. Parks and Recreation
[HISTORY: Adopted by the Town of Weston 11-15-1978; amended 10-15-1979 (Ch. 8 of the 1981 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Parks and Recreation Commission— See Ch. 18, Art. VI.
Reservation of open space for parks — See Ch. 230.
§ 135-1. Rules and regulations.
In accordance with Chapter 18, § 18-31 of this Code, the following regulations are adopted concerning Town parks and recreation areas, including the area known as "Devil's Glen Nature Area":
These areas are limited to residents of this Town and their guests only unless specified otherwise by the Parks and Recreation Commission.
There is no swimming or diving in any area unless specifically posted for that purpose.
No fires or camping is permitted in parks and recreation areas unless approved by the Parks and Recreation Commission, nor shall there be any littering.
No consumption of alcoholic beverages is allowed in Town parks and recreation areas without prior permission from the Board of Selectmen.
Horseback riding is restricted to those recreational areas specifically posted for that purpose.
The use of any Town park or outdoor recreation area is restricted to daylight hours only, unless otherwise posted.
§ 135-2. Regulations to be posted.
These regulations will be posted in a prominent place in all Town parks and recreation areas.
§ 135-3. Penalties for offenses.
Violators of any provision of these regulations shall be subject to a maximum fine of $25 for each violation.
Solid Waste
Chapter 164. Solid Waste
[HISTORY: Adopted by the Town of Weston 5-1-1974; amended in its entirety 4-7-1980, effective 5-1-1980 (Ch. 14, Art. II, of the 1981 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 32.
Deposit of waste — See Ch. 169, Art. I.
Solid waste and recycling regulations — See Ch. 225.
§ 164-1. Definitions.
The solid residue of combustion of any type of fuel.
Any natural person, partnership, firm or corporation licensed by the Board of Selectmen to engage in the business of collecting, transporting, and disposing of refuse in the Town for a fee.
COMMERCIAL SEPTIC WASTE COLLECTOR
Any natural person, firm, partnership or corporation licensed by the Board of Selectmen to engage in the business of removing, collecting, transporting and disposing of septic waste material in the Town for a fee.
Waste and portions thereof resulting from clearing, excavating, demolition, construction or reconstruction performed by any person, firm or government agency.
Any animal or vegetable matter or product of the putrefaction or decomposition thereof which accumulates in the preparation of food and any offal or refuse of meats, fish, fowl, vegetables or spoiled foods and other refuse or waste subject to decay.
All branches, prunings from trees and bushes, lawn trimmings, etc.
Those solid and/or liquid wastes as defined by the Department of Energy and Environmental Protection of the State of Connecticut and the United States Environmental Protection Agency, including wastes in the following classifications:
Explosives.
Pathogenic or pathological wastes.
Radioactive wastes.
Cleaning fluids, acids, poisons or other chemical wastes which either create an immediate safety hazard to persons disposing of the waste or which by virtue of their chemistry and/or method of disposal present a threat to the quality of ground- or surface waters.
Hospital operating room wastes.
Any natural person, partnership, firm, or corporation.
Shall be construed to be all-inclusive and shall include, but not be limited to, all solid wastes of the community, including all garbage, ashes, rubbish, trade wastes, salvageable trade wastes, paper, cardboard, plastics, metal cans, glass, bottles, garden and lawn refuse, excelsior, furniture, bedding, rubber, leather, etc. "Refuse" shall not include body wastes, septic waste or hazardous wastes.
Refuse such as paper, rags, plastics, cartons, boxes, wood, rubber, glass, bottles, tin cans, metal food containers, tinware, scrap metal, auto parts, pipe, other metallic substances, rocks, sod, earthenware, brick, concrete, plaster, and other mineral substances.
All refuse that has use or value to a person, firm, corporation or establishment other than those producing the same.
The Board of Selectmen of the Town of Weston.
Materials removed from sewers, septic tanks, cesspools and other devices used for the capture and treatment of putrefactive material.
The Town of Weston.
All wastes and portions thereof from wholesale and retail establishments, end products of manufacturing, end products of food preparation for sale, or scraps of leftovers or nonsalable portions thereof.
§ 164-2. Conformance required.
From and after the effective date of this chapter, and for reasons of health and sanitation, it shall be unlawful for any person, firm or corporation to dispose of or to accumulate or to permit to accumulate upon private property in the Town any refuse, septic waste, or hazardous wastes except in conformance with the provisions of this chapter.
For the purposes of this chapter, activities usually connected with gardening and agriculture, such as composting, fertilizing and storage of garden and lawn refuse as defined in § 164-1, shall not be deemed to be violations of this section.
§ 164-3. Preparation of waste for collection; containers.
Every person who contracts with a commercial refuse collector to collect and dispose of his refuse, etc., shall prepare the same as follows:
All refuse shall be drained of liquid insofar as practical and shall be placed in sanitary, leakproof, covered containers made of nonabsorbent material, provided with closely fitting covers.
The same shall not exceed 30 gallons in size and shall be of a rust-resistant material.
The containers shall be furnished by the customer and shall be replaced by the customer when no longer in good condition.
Newspapers shall be properly bundled and separated from regular refuse or garbage. The newspapers shall be tied in bundles not to exceed 12 inches in height and secured with twine or string in such a way as to be readily removable and secure.
Ashes, vacuum cleanings, disposable diapers, pet litter and other like items of garbage and refuse shall be placed in sealed, watertight bags. All such assembled, boxed or bundled refuse shall be of units which can be handled by one person and shall be placed or assembled in such a way as to facilitate collection.
All refuse shall be assembled, boxed or bundled in such a way that it will not be disseminated by wind or otherwise while awaiting collection.
The content of any container shall not exceed 35 pounds in weight.
§ 164-4. Public or private dumps.
No person other than the Town shall use or permit to be used any spot or place within the Town as a public or private dump for refuse or other waste materials.
No person within the Town shall bury refuse, septic waste or hazardous wastes upon public or private property.
§ 164-5. Penalties for offenses; enforcement.
Violators of any provision of this chapter shall be regulated as described below. In addition, any violation shall be subject to a fine of not more than $100 for each day that such violation or failure to comply continues.
The First Selectman, or his agent, will issue a written warning to any individual, collector or commercial operator for violations of the provisions of this chapter, or any pertinent regulations of the Department of Energy and Environmental Protection or the Aspetuck Valley Health District. Subsequent violations by the same individual, collector, or commercial hauler shall result in the revocation of any license or permit issued under the provisions of this chapter; provided, however, that any person alleged to have violated any section of this chapter shall be given seven days' notice thereof by the First Selectman and an opportunity for a hearing before the Board of Selectmen. The Board of Selectmen at that hearing may grant to such licensee or permittee a reasonable period of time to correct such violation. The Board of Selectmen shall render a decision on such hearing within seven days.
§ 164-6. When required.
It shall be unlawful for any person, firm or corporation to collect septic waste or hazardous waste in the Town without first obtaining a license or permit to do so. It shall also be unlawful for any person, firm or corporation to remove or dispose of refuse, septic waste or hazardous waste in the Town without first obtaining a license or permit to do so. The Board of Selectmen, upon approval of a completed application, may issue a license or permit to said person.
§ 164-7. Applications.
§ 164-8. Expiration; renewal.
§ 164-9. Resident's permit.
A resident's permit issued under the provisions of this chapter shall be valid for the period July 1 to June 30 of each year and shall be issued only to the residents of the Town of Weston. A permit shall entitle the bearer to collect, transport and dispose of any refuse generated by his own residence. Permits may be renewed annually in the same manner and upon payment of a like annual fee as herein provided.
§ 164-10. Disposal of building materials.
Notwithstanding the foregoing, any person engaged in construction, remodeling, or demolition of a building on real property located in the Town of Weston may, upon approval of an application and the payment of a fee as hereinafter provided, transport and dispose of building materials generated by such construction, remodeling and demolition.
§ 164-11. Transferability.
All licenses and permits shall be nontransferable.
§ 164-12. Collection of newspapers.
As a condition of a Class A license or permit issued pursuant to this chapter, the licensee or permittee shall agree to collect and transport to the sanitary landfill site all properly bundled newspapers. No licensee or permittee shall collect and transport to the sanitary landfill site loose or unbundled newspapers or magazines.
§ 164-13. Fees.
License and permit fees on the following basis shall be established by the Board of Selectmen:
Class A permit (commercial collector): shall include one regular route truck and satellite pickup trucks of no larger than three-fourths-ton capacity. Any additional regular route trucks shall require an additional permit.
Class B permit: license for transportation and disposition of building and demolition materials by the following vehicles:
Pickup or small dump truck (maximum 1 1/2 water level body).
Six-wheel open/closed body truck.
Ten-wheel open/closed body truck.
Tractor-trailer open/closed body.
Rolloff containers.
Class C permit: resident's permit, includes the following vehicles: private passenger vehicles and station wagons. There shall be no fee for the dumping of wood chips.
The annual fee schedule adopted each year by the Board of Selectmen shall become a part of this chapter as Exhibit A attached hereto and shall continue in full force and effect until amended by the Board of Selectmen. The Board of Selectmen shall annually review the fee schedule and, on 30 days' notice, by publication in a newspaper having a substantial circulation in the Town of Weston, after a public hearing, may increase or decrease any fee.
Editor's Note: Exhibit A is on file in the Clerk's office.
§ 164-14. Filing of rate and route schedules; notice of rate change.
Each licensed commercial collector shall file with the Board of Selectmen, by July 1 annually, a schedule of basic rates for collection and the route schedule which he maintains for the collection of refuse. Collectors shall notify the Board of Selectmen in writing 10 days prior to any rate change.
§ 164-15. Hours of collection.
Collection of refuse from residences within the Town may be carried out only between the hours established by the Board of Selectmen in regulations promulgated pursuant to this chapter.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Editor's Note: See Ch. 225, Solid Waste and Recycling Regulations.
§ 164-16. Financial responsibility.
Before any license is issued to any commercial refuse or septic waste collector, said collector shall provide the Town with certificates of public liability insurance in an amount not less than $300,000 and property damage insurance in an amount of not less than $100,000.
§ 164-17. Inspections.
Safety inspection. No vehicle shall be approved for a license or renewal of license by the Board of Selectmen or its agent until after it has been inspected for safety equipment by the Weston Police Department, in conformance with the motor vehicle laws of the State of Connecticut.
Sanitary inspection. No vehicle shall be approved for a license or renewal of license by the Board of Selectmen until after it has been inspected for sanitary requirements as stated in §§ 164-18 and 164-19 of this chapter by the Director of the Aspetuck Valley Health District or his agent.
Additional inspections. In addition to the initial inspections before licensing, all vehicles and equipment used for the collection and transportation of refuse within the Town shall be subject to spot inspection at any time by the Aspetuck Valley Health District or its agent.
§ 164-18. Vehicle equipment requirements.
Any refuse, other than garbage and other putrescible wastes, may be transported in nonwatertight vehicles when such vehicles are sufficiently covered to prevent the escape of materials being transported.
All vehicles used for transportation of garbage or any type of putrescible wastes must be equipped with covered watertight metal containers, unless the vehicle itself is of closed construction on the bottom, front, rear and sides. The interior body of such closed construction vehicles shall have a watertight lining of metal on the entire bottom and on the front and sides, or the entire body shall be of metal, with a metal tailgate not less than 12 inches in height. All such vehicles shall be equipped with metal covers and/or loading doors constructed to prevent leakage, access of flies, or the scattering of contents. All covers, loading doors, and like openings on said vehicles and equipment shall be kept closed except when loading and unloading and except during portal-to-portal pickups on local streets between houses.
§ 164-19. Sanitary maintenance requirements.
All vehicles and equipment used for refuse disposal by commercial refuse collectors shall be kept clean and sanitary at all times and shall meet the requirements of the Aspetuck Valley Health District and the Department of Energy and Environmental Protection of the State of Connecticut. From May 1 to November 1 of each year such vehicles shall be swept and washed out daily. During the rest of the year this care shall be given as needed but at least once per week. The Aspetuck Valley Health District or its agent may at any or all times require the commercial refuse collector to spray his vehicle or vehicles with an approved insecticide and/or deodorizing compound.
§ 164-20. Permit or license required for entry.
No person or vehicle shall be admitted to the landfill without first displaying a valid license or permit for admission issued by the Selectmen.
§ 164-21. Material originating outside of Town.
No material originating outside of the Town will be accepted at the landfill.
§ 164-22. Access to landfill.
The vehicle entrance to the landfill will be closed by a fence and gate, and said gate will be open only:
When an authorized Town employee is on the premises.
Between such hours as determined by the Selectmen, such hours to be posted at the entrance to the landfill site.
The landfill will be open on Saturday for residents only, and no commercial vehicles will be allowed to use the facility, except that the First Selectman or his agent may upon four hours' notice permit the landfill to be open to commercial vehicles on Saturdays.
The landfill will be closed on all Sundays and certain holidays designated by the Board of Selectmen, except in times of emergency declared to be such by a majority of the Selectmen.
Any unauthorized person who enters or otherwise causes entry of a vehicle or other persons at the landfill in violation of any provision of these regulations will be prosecuted to the full extent of the law.
§ 164-23. Conformity with state regulations.
The landfill will be operated in conformity with the applicable regulations of the State Department of Energy and Environmental Protection.
§ 164-24. Obedience to landfill operator.
Licensed collectors or their agents and residents must, when at the landfill, obey the directions of the operator, or his assistants, in unloading their vehicles or otherwise using the premises.
§ 164-25. Penalties for offenses.
Penalties will be assessed against collectors, commercial operators or individual householders for violations of the regulations, as described in § 164-5.
§ 164-26. Material to be separated.
Separate sites will be maintained at the landfill for the disposal of specified categories of material.
§ 164-27. Preparation or sorting of waste material.
The following items will be accepted at the site and will be prepared and sorted by the individual into the following categories:
Stumps will be cut flush with the ground prior to dumping.
Green brush delivered by residents will be bundled and tied with twine or rope with the cut ends facing in the same direction and must be free of other refuse.
Green brush from commercial operators or delivered by licensed collectors must be in chipped form.
Dead brush and leaves may be mixed; the maximum length of any item of brush shall be 36 inches.
Logs will be cut into ten-foot lengths or less and stacked when dumped.
Rocks, boulders, and clean fill.
Building and construction materials.
Products of building demolition.
Scrap metal and metal appliances.
Bulky items, such as furniture, rugs, and similar nonmetallic items.
Papers and magazines stacked and tied four ways into bundles no higher than 12 inches.
Glass bottles.
Tires.
§ 164-28. Contaminating liquids.
Disposal of contaminating liquids is not permitted at the landfill.
§ 164-29. Other items not accepted.
The following item(s) will not be accepted at the site: hazardous wastes or sludge from septic systems.
The Board of Selectmen hereby reserve the right to refuse to accept at the landfill site any of the items defined in § 164-1 at any time, without notice, if it is deemed inadvisable, dangerous or unhealthy to deposit such materials, such determination to be made by the Board of Selectmen, Aspetuck Valley Health District or State of Connecticut Department of Energy and Environmental Protection.
§ 164-30. Household garbage.
Residents may dispose of household garbage at the site. All household garbage deposited by residents will be contained in plastic bags whose openings are tied.
§ 164-31. Inspection of materials prior to disposal.
The attendant at the site will personally inspect and approve each load of material before it is removed from the vehicle. Vehicles containing material not conforming to the above regulations will not be allowed access to the site.
§ 164-32. Regulation by Selectmen.
As required by § 22a-220 of the Connecticut General Statutes, the Town of Weston, acting by its Board of Selectmen, shall make provision for the disposal of all solid wastes generated within the Town, and, pursuant to §§ 7-148 and 22a-220 of the Connecticut General Statutes, the Board of Selectmen may regulate and control the collection, depositing, disposal and removal of all solid waste, garbage, rubbish, trash, tires, brush, stumps, demolition waste and similar material within the Town of Weston and charge reasonable fees to license and to defray the costs in whole or in part for providing such solid waste disposal facilities and services and the cost of regulating such activities.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 164-33. Powers of Selectmen.
The Board of Selectmen may:
Dispose of solid wastes generated within the boundaries of the Town or may contract for the disposal of such solid wastes at a location or locations outside the Town;
Determine which types of waste materials may be disposed of both inside and outside the boundaries of the Town;
Operate or contract for collection and transfer facilities for solid waste materials which are to be collected and transported out of the Town and adopt regulations for such facilities; and
Adopt regulations to license and issue permits for collection and disposal of solid waste within the Town, including the type of vehicles used for collection of solid waste and sanitary conditions for vehicles.
§ 164-34. Determination of fees.
The fees to be charged shall be within the discretion of the Board of Selectmen and may be changed by it from time to time, and all fees charged by the Board of Selectmen for licensing and defraying the cost of providing solid waste disposal facilities prior to the passage of this chapter are approved and validated. Different rates may be charged for the disposal of different types of solid waste materials, including but not limited to garbage, trash, demolition materials, construction debris, brush and tires. The rates charged for each type of material shall not exceed the cost to the Town of disposing of each type of material, and the total charges shall not exceed the cost to the Town of providing facilities for regulating and disposing of solid waste.
The Board of Selectmen may determine which of the costs incurred by the Town shall be paid for by the Town without reimbursement by users of the solid waste facilities and services provided by the Town and which costs shall be charged to such users of the facilities and services.
§ 164-35. Use of Town vehicles.
Town vehicles may be used to haul solid waste to the Town's facility where public necessity requires it or to haul solid waste generated by Town government operations.
§ 164-36. Prohibited activities; penalties for offenses.
It shall be unlawful for any person who is not licensed by the Town of Weston, in accordance with licensing and permit provisions and regulations adopted by the Board of Selectmen, to engage in the business of collecting, transporting or disposing of refuse in the Town for compensation. Any person who violates the provisions of this section shall, in addition to other legal remedies available to the Town, be fined as provided in § 165-5 of this chapter for each offense, and each act of collecting, transporting, or disposing of solid waste shall be a separate violation.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 12-6-1990, effective 1-2-1991]
§ 164-37. Establishment of recycling program.
There is established a Town solid waste recycling program with standards to effect the maximum level of recycling of solid waste and source separation.
§ 164-38. Definitions.
ACCEPTABLE RECYCLABLE MATERIALS
Those items to be received and processed at the SWEROC Regional Intermediate Processing Center, including glass food and beverage containers, metal food and beverage containers, newspaper and certain HDPE and PET plastic food and beverage containers and other recyclables determined by SWEROC.
Corrugated boxes and similar corrugated and kraft paper materials which have a minimum of contamination by food or other material.
Any person who holds himself out for hire to collect solid waste from residential, business, commercial and other establishments within the Town.
The Commissioner of Energy and Environmental Protection of the State of Connecticut or his authorized agent.
The General Statutes of Connecticut, as amended.
GLASS FOOD AND BEVERAGE CONTAINER
A glass bottle or jar of any size or shape used to package food or beverage products suitable for human or animal consumption.
HDPE (HIGH-DENSITY POLYETHYLENE) PLASTIC FOOD AND BEVERAGE CONTAINER
Any high-density polyethylene bottle, jar or container of any size or shape used to package food or beverage products suitable for human or animal consumption or used for household laundry products or motor oil which is marked on the bottom with the number "2" encircled by the recycling symbol.
The agreement of September 15, 1989, entered into by the towns and cities in southwest Connecticut to form SWEROC and establish a regional recycling program.
INTERMEDIATE PROCESSING FACILITY or INTERMEDIATE PROCESSING CENTER
A facility where glass, metals, paper products, batteries, household hazardous waste, fertilizers and other items are removed from the waste stream for recycling or reuse.
The foliage of trees.
METAL FOOD AND BEVERAGE CONTAINER
An aluminum, bimetal, steel, tin-plated steel, or other metallic can, plate or tray of any size or shape used to package food or beverage products suitable for human or animal consumption.
Used or discarded newsprint which has a minimum of contamination by food or other material.
Used or discarded high-grade white paper and manila paper, including but not limited to paper utilized for file folders, tab cards, writing, typing, printing, computer printing and photocopying, which is suitable for recycling and which has a minimum of contamination, excluding office paper generated by households.
Any individual, organization, corporation, trust, partnership, foundation, group, association, or establishment or any combination of them.
PET (POLYETHYLENE TEREPHTHALATE) PLASTIC FOOD AND BEVERAGE CONTAINER
Any polyethylene terephthalate bottle, jar or container of any size or shape used to package food or beverage products suitable for human or animal consumption which is marked on the bottom of the bottle, jar or container with the number "1" encircled by the recycling symbol.
RECYCLABLES or ITEMS REQUIRED TO BE RECYCLED or STATUTORY RECYCLABLE MATERIALS
Cardboard, glass food and beverage containers, metal food and beverage containers, newspaper, certain HDPE and PET plastic food and beverage containers, office paper, scrap metal, storage batteries and waste oil, as defined herein, and such other items as may be designated by the Commissioner.
To separate or divert an item or items from the solid waste stream for the purposes of processing them or causing them to be processed into a material product, including the production of compost, in order to provide for disposition of the item or items in a manner, other than incineration or landfilling, which will best protect the environment.
The processing of solid waste to reclaim material therefrom.
RECYCLING FACILITY or RECYCLING CENTER
Land and appurtenances thereon and structures where recycling is conducted, including but not limited to an intermediate processing center.
Real estate containing one or more dwelling units, excluding hospitals, institutions, motels and hotels.
A facility utilizing processes to reclaim energy from municipal solid waste and, particularly, the Greater Bridgeport Resources Recovery Facility located in Bridgeport.
Used or discarded items which consist predominately of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys thereof, including but not limited to white goods and metal containers.
Solid, liquid, semisolid or contained gaseous material that is unwanted or discarded, including but not limited to material processed at a recycling facility.
Land and appurtenances thereon and structures, including a landfill or other land disposal site, used for the disposal of more than 10 cubic yards of solid waste.
Any solid waste disposal area, volume reduction plant, transfer station, woodburning facility, or biomedical waste treatment facility.
The State of Connecticut.
Lead acid batteries or other batteries used in motor vehicles, such as automobiles, airplanes, boats, recreational vehicles, tractors and like applications.
The Southwest Connecticut Regional Recycling Operating Committee created by the intercommunity agreement among the towns and cities in southwest Connecticut to establish a regional recycling program.
The Town of Weston, and includes authorized officers, boards, commissions and agencies of the Town.
Crankcase oil that has been utilized in internal combustion engines.
§ 164-39. Administration.
The Board of Selectmen is vested with full powers to develop and operate a recycling program consistent with this article, the intercommunity agreement establishing the Southwest Connecticut Regional Recycling Operating Committee, policies promulgated by SWEROC and the laws and regulations of the state. The Board of Selectmen shall appoint an administrator of the recycling program to supervise the operation and coordination of the recycling program established by the Board of Selectmen.
§ 164-40. Town obligations.
Under the provisions of the intercommunity agreement, the Town of Weston has the following obligations:
To require residential acceptable recyclable materials generated within its boundaries as determined by SWEROC to be processed pursuant to the provisions of the intercommunity agreement;
To have residential statutory recyclable materials that are not processed at the regional intermediate processing center and all commercial and nonresidential statutory recyclable materials generated within its boundaries processed in accordance with applicable regulations of Connecticut state agencies;
To collect and/or receive and transfer to the regional intermediate processing center or such place as designated by SWEROC all residential acceptable recyclable materials as determined by SWEROC;
§ 164-41. Fulfillment of contractual and statutory obligations.
By adoption of this article, the Town shall:
Fulfill its obligation under Section 2.08 of the April 27, 1990, agreement between the State of Connecticut and SWEROC to adopt "a mandatory source separation ordinance... sufficient to implement its recycling program in the context of the regional recycling effort"; and
Comply with § 22a-220 of the General Statutes, as amended by Section 2 of Public Act 90-220, "To adopt an ordinance... setting forth measures to assure the compliance of persons within its boundaries with the requirements of Subsection (c) of Section 22a-241b, as amended by Section 1 of (Public Act 90-220) and to assure compliance of collectors with the requirements of Subsection (a) of Section 4 of (Public Act 90-220)."
§ 164-42. Regulations and instructions.
The Board of Selectmen is authorized and directed to promulgate regulations and instructions setting forth detailed procedures to be followed by residents, businesses and institutions, collectors and others, to be binding upon all persons within the Town.
Editor's Note: See Ch. 225, Solid Waste and Recycling Regulations.
§ 164-43. Separation of items to be recycled.
Residential.
On and after January 1, 1991, each person who generates solid waste from residential property within the Town shall separate from other solid waste the following recyclable items:
Cardboard;
Glass food and beverage containers;
Leaves;
Metal food and beverage containers;
Newspaper;
Scrap metal;
Storage batteries;
Waste oil; and
Certain plastic food and beverage containers as described more fully below.
Each person who generates solid waste from residential property within the Town shall place in an appropriate container the following items required to be recycled:
Glass food and beverage containers;
Metal food and beverage containers;
Newspaper;
PET (polyethylene terephthalate) plastic food and beverage containers which are marked on the bottom with the number "1" encircled by the recycling symbol;
HDPE (high-density polyethylene) plastic food and beverage containers which are marked on the bottom with the number "2" encircled by the recycling symbol; and
Such other items as may be designated by the Board of Selectmen.
Nonresidential. On and after January 1, 1991, each person who generates solid waste from property other than residential properties shall make provision for the separation from other solid waste of the following items required to be recycled:
Cardboard;
Glass food and beverage containers;
Leaves;
Metal food and beverage containers;
Newspaper;
Office paper;
Scrap metal;
Storage batteries;
Waste oil;
PET (polyethylene terephthalate) plastic food and beverage containers which are marked on the bottom with the number "1" encircled by the recycling symbol;
HDPE (high-density polyethylene) plastic food and beverage containers which are marked on the bottom with the number "2" encircled by the recycling symbol; and
Such other items as may be designated by the Board of Selectmen.
§ 164-44. Collection and delivery of recyclables.
The items listed in § 164-43A(2) above shall be collected and/or received at the Town's transfer station or other site designated by the Board of Selectmen and, thereafter, delivered to the regional intermediate processing center or to such other site designated by SWEROC, such collection and/or receipt and delivery to be in accordance with the provisions of this article, the intercommunity agreement, policies promulgated by SWEROC and approved by the Board of Selectmen, any agreement entered into by SWEROC and approved by the Board of Selectmen for the processing and marketing of items required to be recycled, and § 22a-241b of the General Statutes, as amended by Subsection (c) of Section 1 of Public Act 90-220.
Each owner, tenant and operator of property used for business, institutional and other nonresidential purposes, at such person's expense, shall collect and have recycled the items listed in § 164-43B which are generated from properties other than residential property, in accordance with the provisions of this article, the intercommunity agreement, policies promulgated by SWEROC and approved by the Board of Selectmen and applicable state laws and regulations. Such owner, tenant and operator shall be jointly and severally liable to comply with this provision.
To assist the Town in monitoring the separation, collection, recycling and sale of items required to be recycled that are generated from properties other than residential property, the Board of Selectmen may require such nonresidential generators to submit plans for such recycling and periodic reports setting forth specified data relating to the amount and nature of items recycled.
§ 164-45. Collectors.
Any collector hauling solid waste generated by residential, business or other establishments within the Town shall obtain a license from the Town in accordance with regulations to be adopted pursuant to this article.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Ch. 225, Solid Waste and Recycling Regulations.
The two front doors of any vehicle used by a collector to haul solid waste generated with the Town shall be clearly marked with the business name and address of such collector.
The Board of Selectmen shall, by mail, give notice of this article and any regulations promulgated hereunder for the collection, hauling, processing and marketing of items required to be recycled to all collectors registered under Subsection A of this section. After receipt of such notice, any collector who has reason to believe that a person from whom it has collected solid waste has discarded items required to be recycled with such solid waste shall promptly notify the administrator of the recycling program of the alleged violation. Upon request by the administrator of the recycling program, a collector shall provide a warning notice, by tag or other means, to any person suspected by the administrator of the recycling program of violating the separation requirements of this article. Each collector shall also notify the administrator of the recycling program of any person depositing for collection significant quantities of items required to be recycled mixed with solid waste for delivery to a resources recovery facility or solid waste facility by such collector.
On and after January 1, 1991, as required by Section 4(b) of Public Act 90-220, the owner or operator of each resources recovery facility or solid waste facility who has reason to believe, upon visual inspection, that a load of solid waste which is delivered to the facility contains significant quantities of any items required to be recycled is required to provide prompt notification of such belief to the driver of the vehicles delivering the load and to the administrator of the recycling program if the load originated within the Town. Under said Section 4(b) of Public Act 90-220, the owner or operator of each resources recovery facility or solid waste facility is also required to conduct unannounced inspections of loads delivered to such facility.
Any collector who dumps more than one cubic foot in volume of solid waste at one time in an area within the Town not designated for the disposal of such solid waste or who knowingly mixes other solid waste with items required to be recycled shall, for a first violation, be liable for a civil penalty of up to $1,000 and for each subsequent violation shall be liable for a civil penalty of up to $5,000. The Town or the Attorney General, at the request of the Commissioner, may bring an action under Section 3(f) of Public Act 90-220, which action shall have precedence in the order of trial as provided in § 52-191 of the General Statutes.
§ 164-46. Charge for recycling services.
The Town, by action of its Board of Selectmen, may levy a charge for the collection and/or receipt and/or processing of solid waste brought to a facility for recycling.
§ 164-47. Designation of regional agent.
SWEROC is designated as the Town's regional agent to provide the report due on July 1, 1991, and annually thereafter pursuant to Section 2(e) of Public Act 90-220.
§ 164-48. Scavenging prohibited.
It shall be a violation of this article for any person not authorized by the Town to collect or pick up, or cause to be collected or picked up, any recyclables which have been set aside for collection.
§ 164-49. Penalties for offenses.
The Town, acting by the Board of Selectmen, may impose a penalty not to exceed $500 for each violation by a commercial establishment of the requirements of this article.
Except as otherwise expressly provided herein, any person who violates the provisions of this article shall, in addition to other legal remedies available to the Town, be cited or fined not more than $100 for each offense, and each violation of this article or of regulations and instructions promulgated pursuant to this article shall be a separate violation. This article and the regulations and instructions promulgated pursuant to this article may be enforced by citations issued by the administrator of the recycling program. Before issuing any citation the administrator of the recycling program shall issue a written warning providing notice of the specific violation in accordance with § 7-148(c)(10)(A) of the General Statutes.
The citation hearing procedure provided in § 7-152c of the General Statutes is established as the Town's citation hearing procedure to be followed when citations pursuant to Subsection B of this section are issued. The Board of Selectmen is authorized to issue such rules and regulations governing the operation of the citation hearing procedure so long as such rules and regulations are consistent with § 7-152c of the General Statutes.
Streets Sidewalks Public Places
Chapter 169. Streets, Sidewalks and Public Places
[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 27.
Driveways — See Ch. 51.
Vehicles and traffic — See Ch. 195.
Off-road vehicles — See Ch. 200.
Subdivision regulations — See Ch. 230.
[Adopted 3-28-1973 (§§ 6-20 and 6-21 of the 1981 Code)]
§ 169-1. Littering.
[Amended 7-6-1976]
It shall be unlawful for any person, in person or by agent, employee or servant, to cast, throw, sweep, sift or deposit in any manner in or upon any public way or other public place in the Town any kind of dirt, mud, rubbish, waste article, thing or substance whatsoever, whether liquid or solid, or for any person to cast, throw, sweep, sift or deposit any of the aforementioned items anywhere within the jurisdiction of the Town in such manner that it may be carried or deposited, in whole or in part, by the action of the sun, wind, rain, or snow, into any of the aforementioned places, provided that this section shall not apply to the deposit of material under a permit authorized by any ordinance of the Town or to goods, wares, or merchandise deposited upon any public way or other public place temporarily in the necessary course of trade.
§ 169-2. Vehicles to be secured against spills.
It shall be unlawful for any person, in person or by agent, employee or servant, to use any vehicle to haul any kind of dirt, rubbish, waste articles or things or substances, whether liquid or solid, unless such vehicle is designed and operated so as to prevent any part of its load from spilling or dropping at any time while such vehicle is on any street or roadway in the Town.
[Adopted 2-18-1976 (Ch. 12, Art. I, of the 1981 Code)]
§ 169-3. Scope
The regulations contained in this article pertain to excavations, obstructions and substructures within, under, upon, or over any Town highway, road shoulder or sidewalk.
§ 169-4. Permit required; fee; conditions.
No person shall excavate within or under or place any obstruction or substructure within, under, upon, or over any Town highway, road shoulder or sidewalk without the written permission of the Board of Selectmen. Such permission may be granted upon compliance with the following conditions:
An application, accompanied by an application fee of $5, shall be made to the Board of Selectmen and approved by the Town Engineer before the beginning of work.
A certified check or a surety bond payable to the Town in the amount to be determined by the Town Engineer, for a period of one year, shall be filed with the application before permission is granted and shall remain in full force and effect until released by the Town Engineer upon acceptance of the work.
No highway shall be completely blocked at any time unless written permission has first been obtained from the Board of Selectmen.
Adequate warning signs (including warning to turn off two-way radio), lights and police supervision, if necessary, shall be provided by the applicant at the applicant's own expense.
The refilling of any excavated trench shall be done in layers of approximately 12 inches each and thoroughly tamped. The backfill material shall be a suitable gravel, free from clay, loam or muck. The top 12 inches shall be a good grade of gravel (not exceeding 1 1/2 inches), and a temporary asphalt patch is applied immediately. After 30 days, the patch shall be repaired and brought up to finish grade with a final asphalt hot patch to conform to the existing road in accordance with specifications and recommendations as furnished by the Town Engineer, while the hot patch plants are open. During the period when the hot patch plants are closed, the hot patch shall be applied as soon as possible after these plants are opened. In the meantime, the permittee shall maintain the trench in a proper state of repair.
In the event of any emergency, public utility companies may make such opening or excavation within, under, upon, or over any Town highway, road shoulder or sidewalk immediately or as required, provided that such company verbally notifies the Town Hall or the Communication Center prior to commencing with the emergency excavation. However, within five days thereafter such company shall file a formal application for such opening or excavation.
§ 169-5. Form of permit.
The form of the permit issued under this article shall be prescribed by the Board of Selectmen.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Trees Shrubs
Chapter 185. Trees and Shrubs
[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Aquifer protection area regulations — See Ch. 207.
Inland wetlands and watercourses regulations — See Ch. 215.
[Adopted 5-31-1978 (Ch. 6, Art. I, of the 1981 Code)]
§ 185-1. Purpose.
The purpose of this article is to regulate those vehicles which take water from any body of water for the purpose of filling the tank of any such vehicle which is engaged in the treating of trees, shrubs and other vegetation with chemical or other solutions and to thereby prevent pollution of such water bodies.
§ 185-2. Permit required; conditions, fee and limitations.
No person shall take water from any river, brook, or stream or any lake, pond or like body of water within the Town for the purpose of filling or replenishing the tank of any vehicle employed in the treating of trees, shrubs or other vegetation with chemicals or biochemicals or other solutions unless the equipment to be used therefor shall have, and shall display, a permit issued pursuant to Subsection B.
The Conservation Commission or its agent shall issue an equipment permit valid for one year from date of issue, said permit to be affixed to the vehicle's front right windshield and which permit is to be displayed at all times.
Such equipment permit shall be issued or renewed only on the following conditions:
The owner and the operator of the equipment shall be licensed by the state pursuant to § 22a-54 of the General Statutes, and the regulations of the State Department of Energy and Environmental Protection; and
The owner of said equipment shall present to the issuing authority a sworn and acknowledged affidavit that all said equipment used in the treatment of trees, including but not limited to hoses, pumps, pipes, valves and connections, is in good working order and that its use will not pollute any body of water.
The fee for the permit shall be $3 for the first issuance and $3 for the annual renewal thereafter.
The issuance of such permit shall indicate approval of the equipment only, and nothing therein contained shall be deemed to be an authorization for any vehicle with a permit to take water from private properties.
§ 185-3. Hours of operation.
No such vehicle shall take water before 7:00 a.m. or after 6:00 p.m., Monday through Saturday, nor before 9:00 a.m. or after 6:00 p.m. on Sunday.
§ 185-4. Penalties for offenses.
Any person who shall violate any provision of this article shall be fined not more than $25 for each such offense.
Vehicles Off Road
Chapter 200. Vehicles, Off-Road
[HISTORY: Adopted by the Town of Weston 3-28-1973 (§§ 13-1 to 13-3 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 195.
§ 200-1. Operation restricted.
No person shall operate a snowmobile, minibike, trail bike, motorcycle or other motorized vehicle, and no owner of such a vehicle shall permit the operation thereof, on any land or water owned, leased, or controlled by the Town, hereinafter referred to as "Town land," exclusive of Town highways where state motor vehicle laws will continue to apply, unless and until areas are specifically designated for such use by the Board of Selectmen, nor shall such vehicles be operated on any other land or water without the permission of the owner of said property.
§ 200-2. Conditions for use on designated Town land.
As to those areas of Town land which the Board of Selectmen specifically designates for use by one or more of the above-mentioned vehicles, use of such areas shall be subject to the following conditions:
Registration of such vehicle with the Town and the issuance of a registration certificate by the Town, which certificate must accompany such vehicle at all times.
Conformance with the applicable provisions of Title 14 of the General Statutes.
Liability insurance obtained with minimum limits of $20,000/$20,000.
Such other rules and regulations as may be adopted by the Board of Selectmen concerning the use of such vehicles, having regard to speed, hours of operation, safety features of the vehicles, age of the operator, noise, pollution and public safety, which rules and regulations shall be posted by the Board of Selectmen in the areas if and when designated.
§ 200-3. Penalties for offenses.
Any violation of any provision of this chapter shall result in immediate revocation of the registration certificate. Any person violating any such provision shall be fined not more than $50 for each offense.
Part II: Regulations
Vehicles Traffic
Chapter 195. Vehicles and Traffic
[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Police Commissioners — See Charter § 6.2 and Ch. 18, Art. IV.
Off-road vehicles — See Ch. 200.
[Adopted 7-6-1976 (§§ 13-21 to 13-29 of the 1981 Code)]
§ 195-1. Designation of tow-away zones.
The Board of Police Commissioners of the Town may designate tow-away zones, properly marked, in any area in which parking of motor vehicles is prohibited.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 195-2. Causes for impoundment.
Whenever any motor vehicle shall be found parked illegally in an area designated as a tow-away zone by the Board of Police Commissioners, or whenever a motor vehicle shall be found abandoned thereby constituting a menace to traffic, such vehicle may be removed at the direction of the officer in charge of the Police Department to any motor vehicle pound established hereunder.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 195-3. Motor vehicle pounds.
The Board of Police Commissioners may create one or more motor vehicle pounds to which motor vehicles may be removed as provided herein. Such pound shall be a public storage garage or such other appropriate place as shall be designated by such Board.
§ 195-4. Insurance coverage.
Before any garage or other place of storage shall be designated by the Board of Police Commissioners as a motor vehicle pound, the operator thereof shall furnish the Town with evidence of insurance coverage which shall be adequate to protect the Town against any liability for any claim for damages arising out of the towing or storage of any impounded vehicles.
§ 195-5. Forms and regulations; abandoned vehicles.
The Board of Police Commissioners shall provide such forms and adopt such regulations as may be necessary for the operation of §§ 195-2 through 195-9.
As to abandoned vehicles which constitute a menace to traffic, the procedure set out in § 14-150 of the General Statutes shall be followed.
§ 195-6. Reports.
The officer directing the impounding of a motor vehicle and the operator of the motor vehicle pound in which the same shall be impounded shall make such prompt report at police headquarters as shall be required by the Board of Police Commissioners. This report will enable the owner or person in charge of such vehicle to be informed as to the nature and circumstances of the violation on account of which such vehicle has been impounded and the place in which it is impounded and from which it may be repossessed by the person legally entitled to possession thereof.
§ 195-7. Claimant's right to possession.
No impounded vehicle shall be released until the person claiming such vehicle shall establish with the Police Department such person's identity and right to possession of the vehicle and until such person shall have signed and delivered a receipt thereof to the operator of the pound.
§ 195-8. Towing and storage charges.
Before the owner or person in charge of such vehicle shall be entitled to repossess the same, such person shall pay to the pound a towing charge, which shall not exceed an amount designated by the Board of Police Commissioners, plus the cost of storage, which shall not exceed an amount designated by the Board of Police Commissioners. The towing and storage charges shall be a lien upon such a vehicle. Payment of such charges shall not release any person from prosecution for any violation of law which resulted in impounding the vehicle.
§ 195-9. Protest against charges.
If protest shall be made against payment of the towing charge or cost of storage, the pound to which payment is made shall mark upon the receipt evidencing protested payment the words "Paid Under Protest." In such cases it shall be the duty of the Police Department to investigate the matter upon being apprised of such protest and to institute proper proceedings in the Superior Court charging the owner or operator of such vehicle with the violation on account of which the vehicle was impounded, if necessary; provided, however, that as to abandoned motor vehicles which constitute a menace to traffic, the procedure set out in § 14-150 of the General Statutes shall be followed.
[Adopted 5-3-1978 (§ 13-20 of the 1981 Code)]
§ 195-10. Delegation of authority to Board of Police Commissioners.
The Board of Police Commissioners is delegated the power and authority to:
Determine areas where parking should be prohibited or limited;
Cause signs to be posted in all areas where such parking is to be prohibited or limited, indicating such prohibitions or limitations; and
Establish appropriate fines for violations thereof.
§ 195-11. Public hearing.
In so doing, the Board of Police Commissioners must hold public hearings on proposed regulations before such determinations can be made. Notice of such public hearings shall be given at least 10 days in advance by publication in a newspaper having a general circulation in the Town and by posting a notice in a public place. Upon the fulfillment of the public hearing, the Board of Police Commissioners shall vote upon such proposals presented at such hearings.
Such regulations as voted shall become addenda to this article and shall be removed in like manner.
Editor's Note: Copies of the current regulations are available at the office of the Town Clerk.
§ 195-12. Regulations not to affect deliveries.
Under no circumstances is any regulation adopted pursuant to this article to interfere with the delivery of essential services and materials to any residence within the Town.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Adopted effective 11-19-1981 (§ 13-4 of the 1981 Code)]
§ 195-13. Authority of Board of Police Commissioners.
The Board of Police Commissioners shall be authorized to determine the location of stop signs in the Town of Weston and further to determine the removal of existing stop signs in the Town. Said power shall be exercised only after the Board of Police Commissioners has held a public hearing regarding the installation or removal of any stop signs, which hearing shall be legally noticed at least seven days prior to the date of the hearing.
§ 195-14. Applicability; list to be filed.
Any such stop sign subsequently authorized to be removed and/or installed by the Board of Police Commissioners, after public hearing as provided above, shall be deemed to be subject to the provisions of this article, and a list containing any such installations and/or removals shall be filed with a copy of this article in the office of the Board of Selectmen and in the office of the Town Clerk within 10 days of any such action by the Board of Police Commissioners.
§ 195-15. Failure to stop.
It shall be a violation of this article for the operator of any motor vehicle to fail to bring his vehicle to a full stop in obedience to any stop sign at the entrance of any highway and yield the right-of-way to vehicles which are not obligated to stop or which are within the intersection or approaching so closely as to constitute an immediate hazard.
§ 195-16. Penalties for offenses.
The penalty for violation of this article shall be the sum of $25 for each offense in accordance with the provisions of the General Statutes of the State of Connecticut. Any such violation shall be considered an infraction and subject to further penalties as provided by the motor vehicle laws of the State of Connecticut.