This chapter is enacted to secure and protect
the public health, safety, property and general welfare by prohibiting
the throwing, dumping or depositing of garbage, rubbish or refuse
into the streets or other public places or on any private lands other
than those duly designated for that purpose.
As used in this chapter, the following terms
shall have the meanings indicated:
ENFORCING OFFICER
Any employee or agent of the Wicomico County Department of
Public Works.
GARBAGE
All putrescible (or decayable) waste, including animal and
vegetable waste resulting from the handling, preparation, cooking
and consumption of food and carcasses of dead animals.
LITTER
All rubbish, waste matter, refuse, garbage, trash, debris,
dead animals or other discarded, dumped, thrown away or deposited
materials of every kind and description.
OWNER
Any person who generates or creates litter, garbage, rubbish
or refuse.
PERSON
Any individual, firm, partnership, company, corporation,
association, society or other entity.
PUBLIC OR PRIVATE PROPERTY
The right-of-way of any road or highway; any body of water
or watercourse or the shores or beaches thereof; any park, parking
facility, playground, public service company property or transmission
line right-of-way, building, refuge or conservation or recreation
area, any commercial, industrial, residential or farm properties,
timberlands or forest.
REFUSE
Includes garbage, rubbish, trash and litter.
RUBBISH
Generally all waste materials and refuse of every character,
except garbage; and the term shall include all dry material produced
by households, commercial or industrial establishments, such as paper,
rags, cans, bottles and other containers and ashes; rubber, leather,
tree branches and yard trimmings; bulky objects, such as discarded
household appliances, equipment, mattresses and box springs and other
furniture; building, demolition and construction waste and all other
waste materials.
It shall be unlawful for any person to throw,
dump or deposit or to cause or permit to be thrown, dumped or deposited
any litter, garbage, rubbish or refuse on any public or private property
other than property designated by the county or state for the disposal
of such litter, garbage, rubbish or refuse.
[Amended 10-24-2000 by Bill No. 2000-9]
A. Any person who unlawfully throws, dumps or deposits
or causes or permits to be thrown, dumped or deposited garbage, rubbish
or refuse on public or private property within the county shall be
guilty of a civil infraction and shall be subject to a fine. An enforcing
officer is hereby authorized to issue citations for civil infractions
of this chapter.
If any provision of this chapter or the application
thereof to any persons or circumstances is held invalid by a court
of competent jurisdiction, the remainder of this chapter and the application
of such provision to persons or circumstances other than those as
to which it is held invalid shall not be affected thereby. The powers
conferred by this chapter shall be in addition and supplemental to
the powers conferred by any other law.
[Added 7-19-2005 by Bill No. 2005-10]