Town of Snow Hill, MD Chapter 109 Littering

[HISTORY: Adopted by the Mayor and Council of the Town of Snow Hill 11-8-1983 as Ord. No. 130. Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds — See Ch. 53.

Housing standards — See Ch. 101.

Nuisances — See Ch. 119.

Parks — See Ch. 124.

Solid waste — See Ch. 155.

Abandoned vehicles — See Ch. 182.

§ 109-1 Definitions.

As used in this chapter, unless the context clearly requires otherwise, the following words or phrases shall have the following meanings:

LITTER

All rubbish, waste material, refuse, garbage, trash, debris, dead animals or other discarded materials of every kind and description.

PUBLIC OR PRIVATE PROPERTY

The right-of-way of any road, street or highway; any body of water or watercourse or the shore or beaches thereof; any park, parking facility, playground, building, refuge or conservation or recreation area; any residential, commercial or farming properties, timberlands or forests.

§ 109-2 Unlawful activities.

It shall be unlawful for any person or persons to dump, deposit, throw or leave or to cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property within the corporate limits of the Town of Snow Hill unless:

A. Such property is designated by the state, county or town or any of their respective agencies for the disposal of such litter, and such person is authorized by the proper public authority to use such property.

B. Such litter is placed into a litter receptacle or container installed on such property.

C. Such person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of said owner or tenant, all in a manner consistent with the public welfare.

§ 109-3 Violations and penalties; removal of litter.

A. Any person violating the provisions of § 109-2 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by:

(1) A fine of twenty-five dollars ($25.) for the first offense.

(2) A fine of not more than one thousand dollars ($1,000.) or imprisonment for not more than six (6) months, or both, for the second and each subsequent offense.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

B. In lieu of Subsection A(1) above or in lieu of or in addition to the penalties set forth in Subsection A(2) above, in the sound discretion of any court in which conviction is obtained, any such person may be directed by the Judge of such court to pick up and remove from any public street or highway or public or private right-of-way or any public beach or public park or, with prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it has been established by competent evidence that he has deposited litter any and all litter deposited thereon by anyone prior to the date of execution of sentence, but if the violation of a provision of § 109-2 of this chapter also constitutes a violation of another ordinance of the Town of Snow Hill which imposes a more severe punishment, then that punishment may also be imposed.

§ 109-4 Presumption of responsibility for violation.

Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane or other conveyance in violation of § 109-2 of this chapter and if the vehicle, boat or other conveyance has two (2) or more occupants and it cannot be determined which occupant is the violator, the owner of the vehicle, boat, airplane or other conveyance, if present, shall be presumed to be responsible for the violations; in the absence of the owner of the vehicle, boat, airplane or other conveyance, the operator shall be presumed to be responsible for the violations.