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  • Acts
  • 2005
  • Chapter 117 AN ACT PROHIBITING CERTAIN DUMPING IN THE CITY OF WORCESTER.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. There shall be a pilot program in the city of Worcester to determine the effectiveness of permitting cities to establish their own fines and other penalties for illegal dumping within the city limits and of further permitting cities to retain the revenues generated by such fines for the purpose of financing enforcement against illegal dumping.

SECTION 2. Notwithstanding any general or special law, rule or regulation to the contrary, it shall be unlawful for any person in the city of Worcester, directly or indirectly, to dump, place, throw, deposit or discharge any refuse, rubbish, garbage, household goods, appliances or furniture, construction debris, landscaping debris, scrap, trash, or other material of any kind, on any way, public or private, appearing on the official map of the city of Worcester, or within 20 yards thereof, or on any land owed or controlled by the city.

SECTION 3. Notwithstanding any general or special law, rule or regulation to the contrary, it shall be unlawful for any person owning, in whole or in part, directly or indirectly, any real property, including ownership of any right to pass and repass on a private way in the city, upon which any refuse, rubbish, garbage, household goods, appliances or furniture, construction debris, landscaping debris, scrap, trash or other material of any kind has been dumped, placed, thrown, deposited or discharged, to fail to remove such material within 7 calendar days of receipt of a written notice from any police officer, code inspector or such other officer or employee of the city of Worcester duly authorized by ordinance or order of the city manager to remove and lawfully dispose of such material.

SECTION 4. The city of Worcester may enforce section 2 by prosecuting criminal or civil actions in the housing court, superior court or the central district court of Worcester county, and may enforce section 3 by prosecuting civil actions in the same courts. No action commenced as a criminal action shall be converted to a civil enforcement action except with the consent of the city.

SECTION 5. Any person convicted of violating section 2 shall be punished by a fine of not less than $5,000 nor more than $10,000, or by imprisonment in the house of correction for not more than 7 days, or by both such fine and such imprisonment.

SECTION 6. Any person found responsible in a civil action of violating sections 2 or 3 of this act shall be required to pay a civil penalty of 3 times the amount, up to a maximum of $5,000, estimated or actually paid by the city to remove such material from the property. The court may also issue other orders and injunctions to remedy the circumstances of each case.

SECTION 7. All fines and penalties imposed for violations of this act shall be paid to the city of Worcester. Notwithstanding section 53 of chapter 44 of the General Laws or any other general or special law to the contrary, the city shall establish and maintain a special account to be known as the Disposal Enforcement Fund into which all such payments shall be deposited. The city treasurer may invest funds in the account in the manner authorized by sections 55 and 55B of chapter 44 of the General Laws, and any interest earned on the account shall be credited to and become part of the account. The city shall appropriate and expend amounts from the account for the purpose of financing the enforcement of this act, removing improperly deposited material from the property governed by this act and financing programs and personnel involved in the collection and lawful disposal of unwanted household goods generated by residents of the city.

SECTION 8. This act shall take effect upon its passage. This act shall cease to be effective on December 31, 2008.

Approved October 27, 2005.