A. 
No person shall throw or deposit litter in or upon any street, sidewalk or other public place or public building or public property within the Town except in public receptacles, in authorized private receptacles for collection, or in receptacles at public disposal sites.
B. 
No person shall throw or deposit litter on any occupied private property within the Town, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
C. 
No person shall throw or deposit litter on any open or vacant private property within the Town, whether owned by such person or not.
D. 
When a violation of the provisions of this section have been observed by any person, and the matter dumped or thrown or disposed of has been ejected from a motor vehicle, the owner or operator of said motor vehicle shall be presumed to be the person ejecting such matter; provided, however, that such presumption shall be rebuttable by competent evidence.
It shall be unlawful for any person to place upon the sidewalks, alleys or streets of the Town any sweepings or trash from stores or other buildings, or any leaves, yard clippings or cleanings, debris from pruning, or other refuse materials, except that, during such period of time each year as may be designated by the Town Manager by an advertisement in a newspaper having general circulation in the Town, leaves may be placed in the street as near to the curbing, or if there is no curbing, as near to the edge of the street, as is practicable and so as not to obstruct the flow of traffic.
A. 
It shall be unlawful for any owner, agent, or contractor to permit the accumulation of litter, before, during or after completion of any construction or demolition project.
B. 
It shall be the duty of the owner, agent, or contractor in charge of a construction or development site to furnish litter receptacles and to collect and maintain litter therein in order to prevent scattering of bulk litter on a daily basis. All litter shall be removed from such site not less than once a week.
[1]
Editor's Note: Former § 94-13 of the 1991 Code, Depositing hazardous or injurious material on street, sidewalk or alley, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
It shall be the duty of each proprietor and each operator of any business, industry, or institution, including owners, occupants, tenants and lessees, to keep the adjacent and surrounding area clear and free of litter. These areas include, but are not restricted nor limited to, public and private sidewalks, roads, and alleys, grounds, parking lots, loading areas, and all vacant lots which are owned or leased by the establishment or institution.
B. 
Where any business, industry or other institution is served by a green box or similar structure for the containment of trash, including any decorative or other structure which surrounds the green box, the same shall be maintained in a condition which will prevent the trash and litter therein placed from being blown or otherwise dispersed upon the property of the business, industry or institution, or other adjacent properties.
It shall be the duty of each residential property owner, lessee, tenant and occupant to keep all private property free from litter. These areas shall include, but not be restricted nor limited to, sidewalks, alleys, driveways, yards and grounds, fences, walls, drainages, and vacant lots in residential areas.
A. 
It shall be the duty of every owner, tenant, lessee or occupant of any residence or establishment, boardinghouse, hotel, restaurant, or business house to provide for collection of refuse by the Town or refuse collection from such residence, establishment, etc., as required by this chapter.
B. 
The owner of any vacant or occupied real property located in the Town shall remove therefrom any and all:
(1) 
Trash, garbage, refuse, litter; and
(2) 
Any other substances which:
(a) 
Constitute an obstruction or hindrance to safe movement of vehicular and pedestrian traffic upon the streets and alleys abutting such property;
(b) 
Constitute a fire hazard; or
(c) 
Might endanger the health or safety of other residents of the Town.
A. 
Upon the failure, neglect or refusal of any owner to comply with the provisions of § 94-14, 94-15 or 94-16, the Town Manager is hereby authorized and empowered to have served upon or mailed by certified mail written notice to the owner of such property directing the owner, occupant, lessee or tenant, to remove or cause to be removed from such property all of the trash, garbage, litter, refuse and other substances mentioned in § 94-14, 94-15 or 94-16 within 10 days after receipt of such notice. If the owner of such property fails to comply with the terms of such notice within the time therein prescribed, or if the whereabouts of the owner are unknown to the Town Manager and cannot after the exercise of reasonable diligence on his part be ascertained, the Town Manager, on behalf of the Town, shall have such trash, garbage, litter, refuse and other like substances removed by the Town's agents or employees, in which event the costs or expenses thereof shall be chargeable to and paid by the owner of such property, and shall be collected by the Town as taxes and levies are collected. Nothing contained herein shall be construed to prevent the establishment of administrative procedures concerning the issuance of a courtesy notice in an effort to encourage voluntary compliance with the terms and provisions of this chapter; provided, however, that a courtesy notice shall not be required prior to issuance of the formal notice described hereinabove.
B. 
Any owner who fails, neglects or refuses to comply with the provisions of § 94-14, 94-15 or 94-16, and further fails upon written notice above described to remove from such property all of the trash, garbage, litter, refuse and other substances which might endanger the health or safety of other residents of the Town, shall be subject to a civil penalty, in the amount of $50 for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall be in the amount of $200. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a service of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3,000 in a twelve-month period.
C. 
In the event that three civil penalties have previously been imposed on the same owner for the same or similar violation, not arising from the same set of operative facts, within a twenty-four month period, such violations shall constitute a Class 3 misdemeanor; provided, however, for any violation which constitutes a Class 3 misdemeanor hereunder, no civil penalty may be imposed for such violation.
D. 
Every charge authorized by this section with which the owner of any such property is assessed and which remains unpaid, shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Article 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1 of the Code of Virginia 1950, as amended. The Town Council may, but shall not be required to, waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business relationship with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed, notwithstanding such waiver.
E. 
Notwithstanding anything to the contrary herein contained, when the failure, neglect or refusal to comply with the provisions of § 94-14, 94-15 or 94-16 shall, in the opinion of the Town Manager, constitute imminent danger to persons or animals, the Town Manager shall have the authority to immediately cause the removal from the property of all such trash, garbage, litter, refuse and other substances, without the necessity of any prior notice described hereinabove.