Chapter 96: Garbage, Refuse, and Weeds

Contents

• 96.01 Definitions
• 96.02 Littering Prohibited
• 96.03 Accumulation of refuse prohibited
• 96.04 Placing garbage on public or private property
• 96.05 Building Debris
• 96.21 Nonresident Use of Collection Services Prohibited
• 96.30 Growth of weeds restricted
• Reporting Violations

Section 96.01 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“Garbage.” Organic waste matter, both animal and vegetable, from houses, kitchens, restaurants, hotels, hospitals, and the like; it comprises chiefly waste food. “Garbage” does not include moisture that may be drained in the sewer. (‘66 code, S 10-17)

“Refuse.” Non-organic waste materials. The term shall include paper, rags, cartons, boxes, woods, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass and dust.

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Section 96.02 Littering Prohibited

(A) No person shall throw, cast, drop or deposit in any street, gutter, sidewalk, or other place in the town any refuse, broken glass, tin cutting, bottles, cans, waste, loose paper, filth, or refuse of any kind.

(B) No person shall throw, cast, drop, or deposit any peelings or core, banana peelings, melon peelings, waste matter or waste of any kind, or any filth on the sidewalks, streets, gutters, or other place in the town. (‘66 Code, S 10-5) Penalty, see S10.99.

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Section 96.03 Accumulation of Refuse Prohibited

   It shall be the duty of all owners, proprietors, or persons in charge of every business house of every kind and description, including all factories, mills, stables, hotels, depots, and offices; private residences; and all other houses, buildings, or premises to keep the same free from all empty and unused boxes, wastepaper, ashes, and all other refuse and things not kept for sale. (‘66 Code S10-19) Penalty, see S 10.99.

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Section 96.04 Placing Garbage on Public or Private Property

   It shall be unlawful for any person to place in or on any street, sidewalk, alley, public highway, or any private premises any refuse, dirt, filth of any kind, or any vegetables, fruit peels, tin cans, or any other substance or refuse matter of any kind whatsoever which would render the streets and premises unclean, except in proper receptacles accessible to town collection vehicles. (‘66 code, S 10-19) Penalty, see S 10.99.

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Section 96.05 Building Debris

(A) It shall be the duty of the property owner, possessor or lessee of any property to dispose of any and all debris resulting from the construction, demolition, or repair of any building or buildings or structures.

(B) It shall be unlawful for any property owner, possessor or lessee of any property to fail to dispose of any and all debris resulting from the construction, demolition or repair of any building, buildings or structures within seven days after receiving written notification of noncompliance from a Town of Waynesville Code Enforcement Official.

(C) Violation of this section shall be a misdemeanor, punishable by a fine of not more than $50 or imprisonment of not more than 30 days. Each day during which the violation continues constitutes a separate violation. (‘66 Code, S 10-28)

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96.21 Nonresident Use of Collection Services Prohibited

It shall be unlawful for any person not a resident of the Town to deposit or cause to be deposited for collection by the Town any garbage, trash or refuse in any container within the Town, or to deposit or to be deposited any garbage, trash, or refuse in the town landfill area. (‘66 Code, S 10-30) Penalty, see S 10.99

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Weeds

Section 96.30

(A) As set forth in this section, a “WEED” shall be defined as follows: A valueless plant growing wild or untended by the owner, lessee, possessor, or occupant of the property in which it is growing.

(B) No owner, lessee, possessor, or occupant of any property situated in the Town and located within 300 feet of another person’s building occupied as a residence or business shall allow or maintain on any such property any growth of weeds and // or grass to a height of over ten inches.

(C) It shall be the duty of the Town of Waynesville Code Enforcement Official to notify the owner, lessee, possessor, or occupant of such property in writing that the owner, lessee, possessor, or occupant is allowing weeds and / or grass to grow on such property in violation of division (B) above. This notice shall be served by the Town of Waynesville Code Enforcement Official upon the owner, lessee, possessor, or occupant of the property and shall order compliance with division (B) within seven days of the said notice. Service shall be by delivering the notice in person or sending the notice by first class mail to the owner, lessee, possessor or occupant. Each and every day the weeds and / or grass are allowed to remain upon the property after such seven-day notice shall constitute a separate offense. (‘66 Code, S 10-3)

(D) In the event that the owner, lessee, possessor, or occupant of any premises upon which weeds and / or grass have grown or are growing in violation of division (B) does not cut or have the same cut, or refuses to obey or abide by any notice from the town to have the same cut, the town may, through its proper officers, enter the premises and remove the weeds and / or grass. The cost of the removal by the Town shall be charged and assessed against the owner of the premises in the same manner and shall have the same force and effect as a tax lien against the premises. (‘66 Code, S 10-4)

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Reporting Violations:

To report violations of any of the above sections, contact Waynesville Code Enforcement: Address: 280 Georgia Ave, Waynesville NC 28786. You may also fill out and submit an online Citizen Complaint Form to expedite the process.

 Phone: (828)-456-2010

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