[Adopted 12-13-2005 by Ord. No. 05-11]
This article is designed to establish requirements
to control littering in the Township of Independence, so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
A.
When not inconsistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
B.
LITTER
LITTER RECEPTACLE
PERSON
For the purpose of this article, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this article clearly demonstrates
a different meaning.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A.
It shall be unlawful for any person to throw, drop,
discard or otherwise place any litter of any nature upon public or
private property other than in a litter receptacle, or having done
so, to allow such litter to remain.
B.
Whenever any litter is thrown or discarded or allowed
to fall from a vehicle or boat in violation of this article, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this article.
This article shall be enforced by the Independence
Township Police Department or the Zoning Officer of the Township of
Independence.
Any person(s) who is found to be in violation
of the provisions of this article shall be subject to a fine not to
exceed $1,000, up to 30 days imprisonment in the county jail, a period
of community service of up to 30 days or a combination of the foregoing
in the discretion of the Court.