A person commits the offense of littering if he or she places,
deposits, or causes to be placed or deposited, any glass, glass bottles,
wire, nails, tacks, hedge, cans, garbage, trash, refuse, or rubbish
of any kind, nature or description on the right-of-way of any public
road or State highway or on or in any of the waters in this City or
on the banks of any stream, or on any land or water owned, operated
or leased by the State, any board, department, agency or commission
thereof or on any land or water owned, operated or leased by the Federal
Government or the City, or on any private real property owned by another
without the owner's consent.
[Ord. No. 3386, 8-17-2020]
A. It shall be unlawful for any owner, occupant, or other person or
legal entity with a lawful right to the use of any property to knowingly
fail to abate any illegal activity upon, or nuisance related to, the
property so owned, occupied or to which such a legal right exists.
B. As used herein, the expression "illegal activity upon, or nuisance
related to" any property means:
1.
Any activity which can cause harm, inconvenience or damage or
otherwise interfere with the enjoyment of life or property or cause
danger to the public by any person upon the property; or
2.
Possession, sale or distribution of unlawful substances, products,
or services upon the property by any person upon the property; or
3.
Knowingly fail to report the unlawful possession, sale or distribution
of drugs or alcohol by third parties upon the property; or
4.
Possession, storage, sale or other transfer of stolen property
or other contraband within the property by any person upon the property;
or
5.
Any other activity classified as a violation, misdemeanor, or
felony under any applicable municipal, county, State or Federal law
by any person upon the property.
C. Upon receipt of written notice from law enforcement authorities that a specified unlawful activity or nuisance has occurred upon the property, the owner, occupant or other person or legal entity with a right to use and possession of that property shall cooperate with law enforcement officials by immediately taking such steps as are detailed in the written notice aimed at abatement of the nuisance or unlawful activity so described, including, but not limited to, the institution of legal process to evict wrongdoer tenants, the posting of the property against trespassers, or such other actions as are necessary, efficient or prudent. Refusal to cooperate with a valid law enforcement request for assistance shall constitute knowing failure to abate the nuisance or unlawful activity upon the property as prohibited in Subsection
(A).
D. Nothing contained herein shall be read or construed as preventing
law enforcement officials from foregoing commencement of action under
this section when, in the judgment of such officials, it would be
more appropriate to commence action under relevant State criminal
or civil law.
E. In addition to the remedies set out hereinabove, the City Attorney
is authorized to bring and maintain a civil proceeding in the name
of the City of Pleasant Valley in any court of competent jurisdiction
to permanently enjoin the maintenance of a nuisance or the continuation
of unlawful activity upon any property within the corporate limits
of the City of Pleasant Valley and/or for condemnation. In the event
an action for condemnation is commenced, the City Attorney may cause
the actual cost of nuisance abatement activities by law enforcement
to be introduced at trial as an offset against fair market value of
the property as provided by law.
F. In addition to the public remedies as set out hereinabove, any person
adversely affected by such prohibited activities may, in addition
to any other remedy available in law or equity, apply to any court
of competent jurisdiction for any order permanently enjoining the
continued maintenance of a nuisance or of unlawful activity upon any
property within the corporate limits of the City of Pleasant Valley.
G. Violation. Any person violating the provisions of this section or
neglecting or refusing to comply therewith shall upon conviction therefor
be punished, by imprisonment for a period of not more than ninety
(90) days, or by a fine of not more than five hundred dollars ($500.00),
or by both such fine and imprisonment.