Vermont H 72: An act relating to fishing licenses for persons with a developmental disability

Bill Text

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VT LEG #379236 v.1
H.72 1
Introduced by Representative Satcowitz of Randolph 2
Referred to Committee on 3
Date: 4
Subject: Municipal government; regulatory provisions; miscellaneous 5
regulatory powers; maintenance and cleaning of premises 6
Statement of purpose of bill as introduced: This bill proposes to authorize 7
municipalities to adopt an ordinance that extends State and local enforcement 8
authority concerning scrapyards to any premises within the municipality that 9
constitutes a public nuisance due to the accumulation of rubbish, scrap, junk, 10
or abandoned vehicles. 11
An act relating to municipal ordinances governing nuisance properties 12
containing salvage and scrap 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. 10 V.S.A. § 6618 is amended to read: 15
§ 6618. WASTE MANAGEMENT ASSISTANCE FUND 16
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(b) The Secretary may authorize disbursements from the Solid Waste 18
Management Assistance Account for the purpose of enhancing solid waste 19

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management in the State in accordance with the adopted waste management 1
plan. This includes: 2
* * * 3
(11) Grants to municipalities for soil testing and cleanup on properties 4
foreclosed upon pursuant to 32 V.S.A. chapter 9. Grants issued pursuant to 5
this subdivision shall not exceed $250,000.00. 6
* * * 7
Sec. 2. 24 V.S.A. § 2201 is amended to read: 8
§ 2201. THROWING, DEPOSITING, BURNING, AND DUMPING 9
REFUSE; PENALTY; SUMMONS AND COMPLAINT 10
* * * 11
(b) Prosecution of violations. 12
(1) A person who violates a provision of this section commits a civil 13
violation and shall be subject to a civil penalty of not more than $800.00. 14
(2) A person who violates a provision of this section may be required to 15
dispose of all materials improperly disposed of at a solid waste management 16
facility. Failure to comply with this subdivision shall result in a fine of not 17
more than $100.00 per day. 18
(c) Procedure. 19
(1) This violation shall be enforceable in the Judicial Bureau pursuant to 20
the provisions of 4 V.S.A. chapter 29 in an action that may be brought by a 21

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municipal attorney, a solid waste management district attorney, an 1
environmental enforcement officer employed by the Agency of Natural 2
Resources, a designee of the legislative body of the municipality, or any duly 3
authorized law enforcement officer. 4
* * * 5
(3) Nothing in this section shall be construed as affecting the operation 6
of an automobile graveyard or salvage yard as defined in section 2241 of this 7
title permitted in accordance with subchapter 10 of this chapter, nor shall 8
anything in this section be construed as prohibiting the installation and use of 9
appropriate receptacles for solid waste provided by the State or towns. 10
(4) Unpaid civil penalties or fines that are imposed pursuant to this 11
section shall constitute a lien on the property in the same manner and to the 12
same extent as taxes assessed on the grand list, and all procedures and 13
remedies for the collection of taxes shall apply to the collection of the penalties 14
or fines. 15
(c)(d) Roadside cleanup. A person found in violation of this section may 16
be assigned to spend up to 80 hours collecting trash or litter from a specified 17
segment of roadside or from a specified area of public property. 18
(d) [Repealed.] 19
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Sec. 3. 24 V.S.A. § 2241 is amended to read: 1
§ 2241. DEFINITIONS 2
* * * 3
(16) “Unauthorized salvage yard” means any place of outdoor storage or 4
deposit for storing, keeping, processing, buying, or selling junk, as a scrap 5
metal processing facility, or as an automobile graveyard operating for more 6
than 90 days without certification as required by section 2242 of this title. 7
Sec. 4. 24 V.S.A. § 2246 is amended to read: 8
§ 2246. EFFECT OF LOCAL ORDINANCES 9
(a) This subchapter shall not be construed to be in derogation of zoning 10
ordinances or ordinances for the control of salvage yards now or hereafter 11
established within the proper exercise of the police power granted to 12
municipalities, if those ordinances impose stricter limitations upon salvage 13
yards. If the limitations imposed by this subchapter are stricter, this subchapter 14
shall control. 15
(b) The legislative body of a municipality may adopt an ordinance pursuant 16
to subdivision 2291(31) of this title to extend the regulatory authority 17
established in this subchapter to any premises that constitutes a public nuisance 18
due to the accumulation of rubbish, scrap, junk, or abandoned vehicles, 19
provided that the ordinance shall otherwise be consistent with this subchapter. 20

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Sec. 5. 24 V.S.A. § 2282 is amended to read: 1
§ 2282. PENALTY 2
(a) A person who vi