Any person who shall, in any manner, obstruct any street, sidewalk, alley or any part thereof without permission of the City authorities shall be deemed guilty of an ordinance violation.
No person shall place any cordwood, lumber, brick, stone, boxes or any other obstruction in any street gutter within the City.
[Ord. No. 581, 6-13-2017]
A. 
The Belle Board of Aldermen makes the following findings:
1. 
The deposit and accumulation of grass clippings, leaves and other yard waste upon and into the streets of the City have created a public problem by increasing the amount of waste and debris in the streets, making the City less visually attractive, and increasing pollution and run-off into the City storm sewers; and
2. 
The City has recently made great expense on storm water drainage and does not wish for its new infrastructure investment to be degraded by run-off of yard waste; and
3. 
A significant portion of the run-off and debris in the streets results from persons intentionally dumping or placing grass clippings, leaves and yard waste in the City streets; and
4. 
The current procedures have failed to abate the dumping of waste into the streets; and
5. 
That a new ordinance is required to remediate the problems identified herein.
B. 
Offense Defined. It shall be unlawful for any person, landscape, or mowing service to knowingly cause grass clippings, leaves, or other debris or waste produced in conjunction with yard maintenance or gardening onto the streets, alleys, and other public roads of the City of Belle. A homeowner is responsible to ensure that any persons hired to cut their grass or maintain their yard abide by this Section. Any grass or waste which inadvertently is caused to enter the streets or alleys of the City shall be promptly removed; there is no "grace period" within which to remove grass or leaves.
C. 
Enforcement.
1. 
This Section may be enforced by the Police Department. A violation of this Section shall initially be sanctioned by the civil penalty method set forth in Subsection (D). The enforcing officer will use common sense and discretion in the enforcement of the Section and shall consider means other than the issuance of a summons where appropriate. No summons may be based upon hearsay.
2. 
There shall be a presumption that grass clippings, leaves or yard waste immediately adjacent to a property where caused to be placed there by property owner. This is a rebuttable presumption.
D. 
Penalty. A violation of this Section shall result in a fine in the amount of one hundred dollars ($100.00). A ticket shall be tendered by the officer to the responsible party. The summons shall be paid at the City of Belle Administration Building or at Municipal Court. Any person found in violation of this ordinance a second time will be issued a ticket in the amount of two hundred dollars ($200.00) by an authorized law enforcement officer.
E. 
Criminal Penalty. Any person who fails to pay a ticket set under Subsection (D) within thirty (30) days commits a summary offense under the City Code and shall be issued a citation to appear before the Municipal Judge. Upon conviction, a defendant shall be fined according to the City's schedule of fines and costs, or in default thereof, sentenced to the County Jail for up to thirty (30) days.