[HISTORY: Adopted by the Mayor and Council of the Town of Sykesville 8-14-1989
by Ord. No. 175. Amendments noted where applicable.]
The purposes of this chapter shall be to:
A.
Prohibit any and all littering on public or private property
within the Town of Sykesville.
B.
Curb the desecration of the beauty of the Town.
C.
Prevent harm to the health, welfare and safety of the
citizens of the Town by individuals who litter.
D.
Prohibit the transportation of litter from without the
Town to within the Town for the purpose of depositing the litter within the
Town.
The Mayor and Council of the Town of Sykesville derive authority for
this chapter by virtue of the terms of the Criminal Law of the State of Maryland,
§ 10-110, the Litter Control Law.
As used in this chapter, unless the context clearly requires otherwise,
the following words or phrases shall have the following meanings:
All rubbish, waste matter, refuse, garbage, trash, debris, dead animals
or other discarded materials of every kind and description.
The right-of-way of any road or highway, any body of water or watercourse
or the shores or beaches thereof; any park, parking facility, playground,
public service company property or transmission line right-of-way, building,
refuge or conservation or recreation area, any residential or farm properties,
timberlands or forest.
A.
It shall be unlawful for any person or persons to dump,
deposit, throw or leave, or to cause or permit the dumping, depositing, placing,
throwing or leaving of litter on any public or private property in the Town
unless:
(1)
Such litter is placed into a litter receptacle or container
installed on such property; and
(2)
Such person is the owner or tenant in lawful possession
of the property where such litter receptacle or container is placed; or has
first obtained consent of the owner or tenant in lawful possession, or unless
the act is done under the personal direction of said owner or tenant, all
in a manner consistent with the public welfare.
B.
It shall be unlawful for any person who is not the owner
or tenant in lawful possession of property located within the Town to enter
into the Town and dump, deposit, throw or leave litter on any public or private
property within the Town.
C.
It shall be unlawful for any person or persons to throw,
dump, or deposit any trash, junk, or other refuse upon any roadway, or to
perform any act which constitutes a violation of the State of Maryland's
Vehicle Laws relative to putting trash, glass and other prohibited substances
on roadways.
Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane or other conveyance in violation of § 98-4 of this chapter, 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.
Notwithstanding any other provision of law, if the facts of any case
in which a person is charged with violating this chapter are sufficient to
prove that the person is responsible for the violation, it is not necessary
that the owner of the property on which the violation allegedly occurred be
present at any court proceeding regarding that case.
