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Be it ordained by the Malden City Council that the Code of the City of Malden (MCC) 9.04.010 NUISANCES AFFECTING PUBLIC HEALTH is hereby amended to provide for the use of rain barrels, exempting them from the nuisance category, by the following:
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9.04.010.A Strike 'Department of Permits, Inspections, and Planning' and replace with 'Inspectional Services or Health and Human Services departments,'.
9.04.010.A Add 'Notwithstanding the previous paragraph, a residential landowner may use one or more rain barrels to collect rainwater runoff from a roof or gutter provided the collection meets all of the following criteria:
1. A rain barrel shall be defined as a vessel for capturing water that includes an inflow and outflow spout, a mesh screen cover, and having the sole purpose of collecting and storing rainwater.
2. The rain barrel must be mosquito and tamper proof, either with a tight head drum design, or with inlet screening that includes a 1/16" mesh cover on all openings. Barrels with contoured/concave tops, open tops, large mesh screens, or any other feature that allows surface water pooling may not be used.
3. Each rain barrel must be securely elevated to allow drainage with no outflow spigots facing any structure's foundation or draining into abutting property.
4. The water is used only for non-potable purposes such as gardening and not for direct human consumption such as drinking or washing dishes unless an approved filtration system is installed.
5. For any barrel that does not empty from the bottom, owners must once a year empty all water from the barrel and clean out silt and dirt.
6. Homemade rain barrels may be used, provided they are no larger than 10' x 10' in size, no more than 4' in height, and meet all the above requirements.
9.04.010.B After 'Board of Health' add 'Director of Health and Human Services, Director of Inspectional Services or their designated'.
9.04.010.C After 'Board of Health' add 'Director of Health and Human Servic...
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