§ 32-34. Enforcement.

(a)

Refusal to separate recyclables, in compliance with the terms of this article, shall be cause for the town's refuse collector to refuse to pick up such garbage or refuse. It shall be the responsibility of the property owner to properly dispose of any garbage or refuse not collected by the town's refuse collector due to failure to separate recyclables.

(b)

For purposes of ascertaining compliance with the provisions of this article, any authorized officer, employee, or representative of the town may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings, and nonresidential facilities and properties, and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized officer, employee, or authorized representative of the town who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.

(c)

Any person who violates a provision of this article may be issued a citation by local law enforcement officers or other designated person to collect forfeitures. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same, or any other matter. Proceeding under any other ordinance or law relating to the same, or any other matter shall not preclude the issuance of a citation under this subsection.

(d)

Penalties for violating this article may be assessed as follows:

(1)

Any person in violation of this article may be required to forfeit $100.00 for a first violation, $200.00 for a second violation, and not more than $2,000.00 for a third or subsequent violation, plus the costs of prosecution.

(2)

Any person in violation of this article may be required to forfeit not less than $10.00 nor more than $1,000.00 for each violation, plus the costs of prosecution.

(3)

In addition to other remedies for repeated violations of this article, the town may impose sanctions, including directives to the garbage contractor, to cease providing service to the residents, and may seek other and further injunctive relief.

(Prior Code, § 8-3-17)