JAY — Several residents objected Monday to wording in a proposed new Recycling and Waste Ordinance that gives the town the right to go onto private property in order to enforce the law.

The provision would allow officials to enter, at all reasonable times, private property, excluding dwellings, to inspect and investigate conditions.

Resident Billy Calden asked why it was in the ordinance and where it came from.

Town Manager Ruth Cushman said the Ordinance Review Committee put it in because if somebody who has a white house brings in a load of siding that is black, it would give officials the right to go on the property and investigate.

There have been items hauled in from other towns that don’t belong to Jay residents, Selectman Tim DeMillo said.

“It says the town can come in at any reasonable time on private property,” resident Joyce Drake said. “Why couldn’t you change that wording by making it wording that will pass?” she asked. Otherwise voters will reject the ordinance, she said.

Selectmen agreed to review the section at its meeting at 6 p.m. Monday, Feb. 14, at the town office.

Carl Badeau, another resident, said he would like to know what reasonable time is. Some people do shift work at the mill, he said, and a reasonable time for them may not be the same as for officials.

“This definitely affects me,” resident Tony Couture said. “I bring in cut-up fuel tanks. The problem is when I contract a job and I take out a tank, I own that tank. I don’t care where it comes from, the last one I did was in Bangor.”

He said he pays a fee to dispose of the tanks at the Jay Transfer Station.

“I don’t want people coming on my property and snooping, Couture said. “I run an operation and I do it right.”

DeMillo reiterated that it wasn’t the intent to go on somebody’s property to snoop around. But debris, such as windows, has been brought in from outside towns, he said.

“We don’t take in debris from outside towns and pay for it,” DeMillo said.

Resident Harvey Calden said the ordinance provision is unconstitutional.

The Maine Constitution protects citizens from unreasonable searches and seizures.

[email protected]