Chapter 8.05
LITTER
Sections:
8.05.010 Title and area of application.
8.05.020 Refuse hauling regulations.
8.05.030 Penalty for violation of FMC 8.05.020.
8.05.040 Dumping and littering prohibited.
8.05.050 Penalty for violation of FMC 8.05.040.
8.05.060 Departmental enforcement.
8.05.120 Enforcement of fines and costs.
8.05.010 Title and area of application.
This chapter shall be known as the “City of Fairview Illegal Dumping Ordinance”, and may be so pleaded and referred to as such and shall apply to all incorporated areas of the city. (Ord. 6-1993 § 1.A)
8.05.020 Refuse hauling regulations.
No person, firm, association or corporation shall transport, carry, direct or hire another party to transport or carry, any rubbish, trash, garbage, debris or other refuse, or recyclable material, in or on a motor vehicle or trailer, upon a public road in the city, unless contained in such a way as not to cause any part thereof to be deposited upon a public roadway or private property in the city other than that of the concerned party. (Ord. 6-1993 § 1.B)
8.05.030 Penalty for violation of FMC 8.05.020.
Any person, firm, association or corporation violating FMC 8.05.020 shall be subject to a civil fine of not less than $100.00 and no more than $500.00 for each such violation. The city may prosecute any violation of FMC 8.05.020 before the municipal court or hearings officer, as provided herein. (Ord. 6-1993 § 1.C)
8.05.040 Dumping and littering prohibited.
No person, firm, association or corporation shall throw, place, or direct another person, firm, association or corporation to throw or place upon the private land or waters of another person, firm or corporation, or upon public lands or waters, or upon any public place, any rubbish, trash, garbage, debris or other refuse or material for recycling, other than in receptacles provided therefor, without such parties’ permission. (Ord. 6-1993 § 1.D)
8.05.050 Penalty for violation of FMC 8.05.040.
Any person, firm, association or corporation violating FMC 8.05.040 shall be subject to:
A. A civil fine of not less than $500.00 and no more than $999.00 for each violation; and
B. An award of costs to reimburse the city for the actual expenses of cleanup and disposal caused by the violation, including legal expenses and fees if incurred.
The city may prosecute any violation of FMC 8.05.040 before the municipal court or hearings officer, pursuant to this chapter, or may otherwise prosecute such violation as a criminal or civil offense to the extent permitted under state law. (Ord. 6-1993 § 1.E)
8.05.060 Departmental enforcement.
A. Enforcement of the regulatory enactments and policies set forth in this chapter shall be the responsibility of the department of public works.
B. The department shall:
1. Investigate refuse hauling, dumping and littering violations;
2. Issue complaints;
3. Reach settlements;
4. Represent the city before the municipal court judge or hearings officer, except where counsel is necessary; and
5. Collect fines and costs. (Ord. 6-1993 § 1.F)
8.05.070 Complaint.
A. A proceeding before the municipal court judge or hearings officer may be initiated only as specifically authorized in this chapter.
B. A proceeding shall be initiated only by the department filing a complaint with the municipal court judge or hearings officer in substantially the following form:
Complaint Regarding City of Fairview
Chapter 8.05 Litter
City of Fairview, Petitioner,
v.
___________________________
Respondent(s)
1. Address of respondent(s):
2. Address or location of the alleged violation:
3. Nature of violation including section violated:
4. Relief sought:
Dated
Signed
Title & Department
(Ord. 6-1993 § 1.G)
8.05.080 Notice of hearing.
Municipal court judge or hearings officer shall cause notice of the hearing to be given to the respondent(s) either personally or by certified or registered United States mail. The notice shall contain a statement of the time, date, and place of the hearing. A copy of the complaint shall be attached to the notice. (Ord. 6-1993 § 1.H)
8.05.090 Answer – Default.
A. A respondent who is served with a complaint and notice of hearing for a violation specified herein shall answer such complaint and notice of hearing by:
1. Personally appearing to answer at the time and place specified therein; or
2. Mailing or otherwise delivering to the place specified on or before the assigned appearance date, a signed copy of the complaint and notice of hearing, together with a check or money order in the amount of the scheduled fine listed therein. If the violation is denied, a hearing will be held on the date assigned in the notice of hearing.
B. If the respondent alleged to have committed the violation fails to answer the complaint and notice of hearing by the appearance date indicated thereon, which shall be no sooner than seven days from the date of the notice of hearing, or appear at a hearing as provided herein, the municipal court or hearings officer shall consider the city’s case as presented and shall issue its final order either declaring a default and levying an appropriate fine and costs or declaring the complaint insufficient and dismissing the case. (Ord. 6-1993 § 1.I)
8.05.100 Hearing.
A. Unless precluded by law, informal disposition of any proceeding may be made, with or without a hearing, by stipulation, consent order, agreed settlement, or default.
B. The city shall not be represented before the municipal court judge or hearings officer by city counsel except as provided below. A respondent charged with a violation may be represented by an attorney; provided, that five working days’ written notice of such representation is received by the city so that the city may have counsel represent it. The municipal court judge or hearings officer may for good cause waive this notice requirement in individual cases or reset the hearing for a later date.
C. The city must prove the violation occurred by a preponderance of the admissible evidence.
D. A name of a person, firm or corporation found on rubbish, trash, garbage, debris or other refuse, or recyclable material, in such a way that it denotes ownership of the items, constitutes rebuttable evidence that the person, firm or corporation has violated the refuse hauling, dumping and/or littering regulations.
E. The municipal court judge or hearings officer shall place on the record a statement of the substance of any written or oral ex parte communications made to the judge or hearings officer on a fact in issue during the pendency of the proceedings. The judge or hearings officer shall notify the parties of the communication and of their right to rebut such communications.
F. The municipal court judge or hearings officer shall have the authority to administer oaths and take testimony of witnesses. Upon the request of the respondent, or upon his or her own motion, the municipal court judge or hearings officer may issue subpoenas in accordance with the Oregon
Rules of Civil Procedure, which shall apply to procedural questions not otherwise addressed by this chapter.
1. If the respondent desires that witnesses be ordered to appear by subpoena, respondent shall so request in writing at any time five days prior to the scheduled hearing. A $15.00 payment for each of them shall accompany such request.
2. Subject to the same five-day limitation, the city may also request that certain witnesses be ordered to appear by subpoena.
3. The municipal court judge or hearings officer may waive the five-day limitation for good cause.
4. Witnesses ordered to appear by subpoena shall be allowed the same fees and mileage as allowed in civil cases which shall be the responsibility of those requesting the witnesses’ appearance.
5. If a fine is declared in the final order, the order shall also provide that the respondent shall also pay any witness fees attributable to the hearing.
G. Each party shall have the right to cross-examine witnesses who testify and shall have the right to submit evidence on his, her or its own behalf.
H. After due consideration of the evidence and arguments, the municipal court judge or hearings officer shall determine whether the violation alleged in the complaint has been established.
1. When the determination is that the violation has not been established, an order dismissing the complaint shall be entered.
2. When the determination is that the violation has been established, or if an answer admitting the infraction has been received, an appropriate order shall be entered.
3. The final order issued by the municipal court judge or hearings officer shall set forth both findings of fact and conclusions of law and shall contain the amount of the fine and costs imposed and instructions regarding payment.
4. A true copy of the order shall be delivered to the parties, or to their attorneys of record, personally or by mail.
I. A tape recording shall be made of the hearing unless waived by both parties. The tape shall be retained for at least 90 days following the hearing or final judgment on appeal. (Ord. 6-1993 § 1.J)
8.05.110 Review.
A. Any motion to reconsider the order of the municipal court judge or hearings officer must be filed within 10 days of the original order or it may not be heard.
B. Any aggrieved party, including the city, may appeal a final adverse ruling by writ of review to the Circuit Court as provided by ORS 34.010 through 34.100. (Ord. 6-1993 § 1.K)
8.05.120 Enforcement of fines and costs.
A. Fines and costs are payable upon receipt of the written settlement or final order declaring the fines and costs. Fines and costs under this chapter are a debt owing to the city and may be collected in the same manner as any other debt allowed by the law.
B. The city may institute appropriate suit or legal action, in law or equity, in any court of competent jurisdiction to enforce the provisions of any written settlement of the department or final order of the municipal court judge or hearings officer, including, but not limited to, its suit or action to obtain judgment for any civil penalty imposed by an order of the municipal court judge or hearings officer pursuant to FMC 8.05.030 and/or FMC 8.05.050(A) and/or any assessment for costs imposed pursuant to FMC 8.05.050(B).
C. Fines and costs collected pursuant to the provisions of this chapter shall be credited to the general fund. (Ord. 6-1993 § 1.L)