[Ord. No. 04-408 §1, 11-8-2004]
A. Purpose And Intent. The purpose of this Chapter is to protect
the public health, safety, environment, and general welfare through
the regulation and prevention of litter. The objectives of this Chapter
are to provide for uniform prohibition throughout the Village of any
and all littering on public or private property; and to prevent the
desecration of the beauty and quality of life of the Village and prevent
harm to the public health, safety, environment, and general welfare,
including the degradation of water and aquatic resources caused by
litter.
B. Applicability. This Chapter shall apply to all public and
private property within the Village.
C. Compatibility With Other Regulations. This Chapter is not
intended to interfere with, abrogate, or annul any other ordinance,
rule or regulation, statute, or other provision of law. The requirements
of this Chapter should be considered minimum requirements, and where
any provision of this Chapter imposes restrictions different from
those imposed by any other ordinance, rule or regulation, or other
provision of law, whichever provisions are more restrictive or impose
higher protective standards for human health or the environment shall
be considered to take precedence.
[Ord. No. 04-408 §2, 11-8-2004]
As used in this Chapter, the following terms shall have these
prescribed meanings:
LITTER
Any organic or inorganic waste material, rubbish, refuse,
garbage, trash, hulls, peelings, debris, grass, weeds, ashes, sand,
gravel, slag, brickbats, metal, plastic, and glass containers, broken
glass, dead animals or intentionally or unintentionally discarded
materials of every kind and description.
PUBLIC OR PRIVATE PROPERTY
The right-of-way of any road or highway, any body of water
or watercourse or any park, playground, building, refuge, residential,
commercial, or industrial properties.
[Ord. No. 04-408 §3, 11-8-2004]
A. It shall
be unlawful for any person or persons to dump, deposit, throw, leave,
or cause or permit the dumping, depositing, placing, throwing, or
leaving of litter on any public or private property in the Village
or any waters in the Village unless:
1. The
property is designated by the State of Missouri or by any of its agencies
or political subdivisions for the disposal of such litter, and such
person is authorized by the proper public authority to use such property;
2. The
litter is placed into a receptacle or container installed on such
property; or
3. The
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 the owner
or tenant, all in a manner consistent with the public welfare.
[Ord. No. 04-408 §4, 11-8-2004]
No person shall operate any motor vehicle with a load on or
in such vehicle unless the load on or in such vehicle is adequately
secured to prevent the dropping or shifting of materials from such
load onto the roadway.
[Ord. No. 04-408 §5, 11-8-2004]
A. Violations. It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
Chapter. Any person who has violated or continues to violate the provisions
of this Chapter may be subjected to the enforcement actions outlined
in this Section or may be restrained by injunction or otherwise sentenced
in a manner provided by law.
B. Evidence.
1. Wherever
litter is thrown, deposited, dropped, or dumped from any motor vehicle,
or other means of conveyance in violation of this Chapter, it shall
be prima facie evidence that the operator of the conveyance has violated
this Chapter.
2. Except
as provided in Subparagraph (1), whenever any litter which is dumped,
deposited, thrown, or left on public property in violation of this
Chapter is discovered to contain any article or articles, including
but not limited to letters, bills, publications, or other writing
which display the name of the person thereon in such a manner as to
indicate that the article belongs or belonged to such person, it shall
be a rebuttable presumption that such person has violated this Chapter.
3. Penalties. Any person who violates this Chapter shall be
guilty of a violation and, upon conviction thereof, shall be punished
as follows:
a. By
a fine of not less than twenty-five dollars ($25.00) and not more
than one thousand dollars ($1,000.00); and
b. In addition to the fine set out in Subsection
(1) above, the violator shall reimburse the Village for the reasonable cost of removing the litter when the litter is or is ordered removed by the Village; and
c. In
the sound discretion of the court, the person may be directed to pick
up and remove any and all litter from any public property, private
right-of-way, or with prior permission of the legal owner or tenant
in lawful possession of such property, any private property upon which
it can be established by competent evidence that he/she has deposited
litter. Pick up and removal shall include any and all litter deposited
thereon by anyone prior to the date of execution of sentence.
d. In
the sound discretion of the court, the person may be directed to pick
up and remove from any public street or highway or public right-of-way
for a distance not to exceed one (1) mile any litter he/she has deposited
and any and all litter deposited thereon by anyone else prior to the
date of execution of sentence.
4. Enforcement. All law enforcement agencies, officers, and
officials of the Village are hereby authorized, empowered, and directed
to enforce compliance with this Chapter.