This chapter shall be known and may be cited as the "Litter Control
Law."
It is the intention of the Town Council to provide for uniform prohibition
throughout the Town of Denton of any and all littering on public or private
property, and to curb thereby the desecration of the beauty of the Town and
harm to the health, welfare and safety of its citizens by individuals who
litter.
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, including those temporary signs as defined in Chapter
128, Zoning, specifically Article
XV, which are not removed within the time period prescribed by said chapter.
PERSON
An individual, firm, sole proprietorship, partnership, corporation,
limited liability company, or unincorporated association.
PUBLIC OR PRIVATE PROPERTY
All sidewalks, parking areas, the right-of-way of any road or highway;
and body of water or watercourse or the shores or beaches thereof, any park,
playground, buildings, refuge or conservation or recreation areas, any residential,
business or farm properties, timberlands or forests.
Any person violating the provisions of this chapter is guilty of a municipal
infraction and on conviction thereof shall be punished by:
A. The levy of a municipal infraction assessment of not
more than $1,000 for each infraction or by imprisonment, for not more than
30 days, or both, such municipal infraction and imprisonment, or, in lieu
thereof.
[Amended 6-16-2003 by Ord. No. 424]
B. 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 parking area, public street or highway or public
or private right-of-way, or public beach or public park, or, with prior permission
of the legal owner or tenant in lawful possession of such property, enter
upon 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.
Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of §
76-4 and if the vehicle, boat, airplane or other conveyance has two 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 violation. In the absence of the owner of the vehicle, boat, airplane, or other conveyance, the operator shall be presumed to be responsible for the violation. Furthermore, licenses to operate such conveyances may be suspended by the Maryland Department of Motor Vehicles for a period not to exceed seven days together with, or in lieu of, penalties provided in §
76-5.
All law enforcement agencies, offices and officials of this state or
any political subdivision thereof, or any enforcement agency, officer or any
official of any commission of this state or any political subdivision thereof,
are hereby authorized, empowered, and directed to enforce compliance with
this chapter.
All public authorities and agencies having supervision of properties
of this Town or state are authorized, empowered, and instructed to establish
and maintain receptacles for the deposit of litter at appropriate locations
where such property is frequented by the public, and to post signs directing
persons to such receptacles and serving notice to the provisions of this chapter
and to otherwise publicize the availability of litter receptacles and the
requirements of this chapter.
Fines collected for violations of this chapter shall be disbursed to the Town of Denton to be used to defray the expense of establishment and maintenance of receptacles and posting of signs as provided in §
76-8.