As used in this chapter, the following terms
shall have the meanings indicated:
ENFORCEMENT OFFICER
The Zoning Officer, Fire Official and police officers. The
said officials shall be empowered to enforce this chapter and shall
be collectively designated as the "Enforcement Officer."
LITTER
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material, or any combination thereof,
including but not limited to any bottle, jar or can, or any top, cap
or detachable tab of any bottle, jar or can, any unlighted cigarette,
cigar, match or any garbage, trash, refuse, debris, rubbish, grass
clippings or other lawn or garden waste, newspaper, magazine, glass,
metal, plastic or paper containers or other packaging or construction
material.
PUBLIC PLACE
Any area that is used or held out for use by the public,
whether owned or operated by public or private interests.
Persons placing litter, rubbish or trash in
public receptacles or in authorized private receptacles shall do so
in such a manner as to prevent it from being carried or deposited
by the elements upon any street, sidewalk or other public place or
upon private property.
No person shall sweep into or deposit in any
gutter, catch basin, street or other public place within the city
the accumulation of litter, rubbish or trash from any building or
lot or from any public or private sidewalk or driveway.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter, rubbish or trash, upon any
street, other public place or upon private property within the city.
No person shall throw or deposit litter, rubbish
or trash on any occupied or vacant private property within the city,
whether owned by such person or not, except that the owner or person
in control may maintain authorized private receptacles for collection
in such manner that litter, rubbish or trash will be prevented from
being carried or deposited by the elements upon any street, other
public place or any private property.
No person shall permit the discarding or dumping
of any household or commercial solid waste in any place not specifically
designated for the purpose of solid waste storage or disposal.
No person shall store or permit the storage
of any bulky household waste, including household appliances, furniture
or mattresses, in areas zoned residential, except in a fully enclosed
structure.
No person shall store or permit the storage
of tires, except in a fully enclosed structure.
No person shall keep or permit the keeping on
streets, vacant lots and residential lawns, except in a fully enclosed
structure, any motor vehicle, trailer or semitrailer:
A. Which is missing tires, wheels, engine or any essential
parts;
B. Which displays extensive body damage or deterioration;
C. Which does not display a current, valid state license
plate; or
D. Which is wrecked, disassembled or partially disassembled.
No property owner, agent or contractor in charge
of a construction or demolition site shall permit the accumulation
of litter or debris before, during or after completion of any construction
or demolition project. It shall be the duty of the owner, agent or
contractor in charge of the construction site to furnish containers
adequate to accommodate flyable and nonflyable debris or trash at
areas convenient to construction areas, and to maintain and empty
the receptacles in such a manner and with such frequency as to prevent
spillage.
No residential, commercial or industrial property
owner, lessee, tenant or other occupant shall permit open or overflowing
waste disposal containers or bins on his or her property.
The owner, managing agent, lessee, tenant or
person in control of any private property shall at all times maintain
the premises free of litter, rubbish or trash; provided, however,
that this section shall not prohibit storage of litter, rubbish or
trash in authorized receptacles for collection.
In addition to the requirements set forth under §§
108-17 and
108-18 of this chapter, all owners, lessees, tenants and/or occupants of any commercial or industrial properties located within the City of Breckenridge shall fully comply with the provisions of Chapter
103 of the Breckenridge Code, entitled "Junk and Debris," which shall remain in full force and effect.
[Added 9-5-2017 by Ord.
No. 496]
Any violation of this chapter is hereby declared to be a public nuisance and may be abated by the City pursuant to the procedures established in §
118-25.
The Street Foreman is authorized to post appropriate
signs stating the prohibition against littering and the fine.
[Amended 10-15-2018 by Ord. No.
506]
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter
1, General Provisions, Article
I, General Penalty, except for the following which shall be classified as a payable petty misdemeanor offense:
A. Section
108-5, Throwing litter from vehicles prohibited.