Chapter 8.35
LITTER

Sections:

8.35.010    Purpose.

8.35.020    Prohibitions.

8.35.030    Violation – Penalty.

8.35.010 Purpose.

The purpose of this chapter is to accomplish litter control in the town. This chapter is intended to place upon all persons within the town the duty of contributing to the public cleanliness of the town and appearance in order to promote the public health, safety and welfare and to protect the economic interests of the people of the town against unsanitary and unsightly conditions. It is further the intent of this chapter to protect the people against the health and safety menace and the expense incident to littering. (Ord. 460 § 1, 1995)

8.35.020 Prohibitions.

(1) Litter in General. No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any public place in the town or upon any private property, or in any waters within the jurisdiction of the town, whether from a vehicle or otherwise, except:

(a) When such property, is designated by the state, or by any of its agencies, or the town for disposal of litter and refuse, and such person is authorized by the proper public authority to so use such property; or

(b) When a public litter receptacle or other such container is used in such manner that the litter will be prevented from being carried away or deposited by the elements upon any part of said public place or any private property; or

(c) When the litter or refuse is placed in garbage cans, the covers of which shall not be removed except when necessary for the depositing or removal of garbage or refuse. No hot ashes or clinkers shall be placed in any garbage can or other container for collection and removal.

(2) Sweeping Litter into Gutter Prohibited. No person shall sweep into or deposit in any gutter, street, alley or other public place the accumulation of litter, other than leaves, from any building, lot, or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks in front of their premises free of litter.

(3) Throwing or Distributing Handbills. No person shall throw or deposit any handbill upon any public place within the town; provided, however, that it is not unlawful for any person to hand out, without charge to the receiver thereof, any handbill to any occupant of a vehicle, or to any other person who is willing to accept it. No person shall throw or deposit any handbill in or upon any uninhabited or vacant private property.

(4) Vehicle Loading. No vehicle shall be driven or moved on any public street unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom, except that sand or gravel may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway surface in the cleaning or maintaining of such roadway by public authority having jurisdiction for the same, or by persons under contract, or other authorization by such public authority. (Ord. 460 § 2, 1995)

8.35.030 Violation – Penalty.

(1) Any person violating the provisions of this chapter shall be guilty of a civil infraction, which penalty shall be assessed as follows:

(a) The penalty shall be a Class 3 civil infraction which involves a maximum penalty and default amount of $50.00, not including statutory assessments, for a person who litters in an amount less than or equal to one cubic foot.

(b) The penalty shall be a Class 1 civil infraction, with a maximum penalty and default amount of $250.00, not including statutory assessments, for a person who litters in an amount greater than one cubic foot.

(2) Unless suspended or modified by a court, the person shall also pay a litter clean up fee of $25.00 per cubic foot of litter. The court may, in addition to or in lieu of part or all of the clean up fee, order the person to pick up and remove litter from any public or private property, with prior permission of the legal owner, or, in the case of public property, of the agency managing the property. (Ord. 460 § 3, 1995)