(a)
Penalty.
Any person violating or failing to comply with
any provision or requirement of this division shall be deemed guilty
of a misdemeanor and, upon conviction thereof, shall be fined in an
amount not to exceed $500.00, except that:
(1)
A fine or penalty for the violation of an ordinance that governs
fire safety, zoning, or public health and sanitation, other than the
dumping of refuse, may not exceed $2000.00; and
(2)
A fine or penalty for the violation of an ordinance that governs
the dumping of refuse may not exceed $4000.00.
(b)
Culpable mental state not required.
Allegation and evidence
of a culpable mental state is not required for the proof of an offense
or conviction of an offense defined by this division.
(c)
Enforcement.
The chief of police and/or mayor shall
have the authority to enforce the provisions of this division and
shall have authority to cause to be issued citations to any person
in violation of this division.
(Ordinance adopted 7/1/02, sec.
6.41; Ordinance 2018-26 adopted –/–/18)
A person commits an offense if the person throws or deposits
litter except in a container or a pedestrian litter container.
(Ordinance adopted 7/1/02, sec.
6.35)
(a)
It
shall be the duty of the person who owns, occupies, or leases, or
is engaged in construction on any private or public property to keep
the exterior property free of litter.
(b)
Persons
who are owners, occupants or lessees of private property which abuts
city sidewalks, streets, parkways, drainage ditches, or curb and gutter
shall keep those sidewalks, streets, parkways, curb and gutter, and
drainage ditches free of litter by removing litter and placing it
in a container.
(Ordinance adopted 7/1/02, sec.
6.36)
(a)
All
residential and commercial containers shall be closed with a well-fitting
lid (cover) when any garbage, refuse, trash, debris, rubbish, solid
waste or junk is in such container. If bags are utilized as a container
they shall be tightly sealed with a fastener. Pedestrian litter containers
may be open for ease of use, but shall be designed in such a way as
to reasonably prevent their contents from becoming litter.
(b)
All
persons placing containers for collection and removing them after
collection shall take the necessary precautions to prevent the contents
thereof from becoming litter.
(Ordinance adopted 7/1/02, sec.
6.37)
A person commits an offense if the person deposits household
or commercial garbage, refuse, trash, debris, rubbish, solid waste
or junk in pedestrian litter containers.
(Ordinance adopted 7/1/02, sec.
6.38)
(a)
Every
vehicle used to transport manure, garbage, swill, ashes, cinders or
other loose material on any of the streets of the city shall be fitted
with a tight and sufficient cover to prevent the cargo of the vehicle
from becoming litter.
(b)
Failure
to utilize such a cover, which results in the cargo of the vehicle
becoming litter, shall constitute littering.
(Ordinance adopted 7/1/02, sec.
6.39)
If littering occurs from a motor vehicle, proof that the particular
vehicle was the origin of the litter, together with proof that the
defendant was at the time of such violation the registered owner or
lessee of the vehicle, shall constitute prima facie proof that the
registered owner or lessee is the person who committed such littering.
(Ordinance adopted 7/1/02, sec.
6.40)
It shall be unlawful and declared a nuisance for any person
to dump, or permit to be dumped, knowingly or intentionally, upon
any sidewalk, alley, or street, into or adjacent to water, or upon
any other public or private property any unwholesome water, refuse,
rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome
matter of any kind or other objectionable or unsightly matter of whatever
kind. Notwithstanding any other notice provision in this article,
a violation of this section immediately subjects the person to the
enforcement and/or penalty provisions of this article.
(Ordinance 2018-26 adopted –/–/18)
