A.
A person commits the offense of abandonment of an airtight or semi-airtight
container if he or she knowingly abandons, discards, or permits to
remain on premises under his or her control, in a place accessible
to children, any abandoned or discarded icebox, refrigerator, or other
airtight or semi-airtight container which has a capacity of one and
one-half (1 1/2) cubic feet or more and an opening of fifty (50)
square inches or more and which has a door or lid equipped with hinge,
latch or other fastening device capable of securing such door or lid,
without rendering such equipment harmless to human life by removing
such hinges, latches or other hardware which may cause a person to
be confined therein.
B.
Subsection (A) of this Section does not apply to an icebox, refrigerator or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouse operator or repair person.
D.
The offense of abandonment of an airtight or semi-airtight container
is an ordinance violation.
[CC 1975 §75.1320; Ord. No. 90-14 §75.1320, 5-15-1990; Ord. No. 13-39 §1, 7-16-2013]
A.
General Provisions.
1.
Introduction and purpose and intent.
a.
Litter found throughout our community often finds its way into
our streams, rivers and lakes and detracts from our quality of life.
Pollutants carried into our streams, rivers, and lakes by litter diminish
the quality of our water and its aquatic resources. This regulation
will provide a prohibition against littering and provide an enforcement
mechanism with penalties for dealing with those found littering.
b.
The purpose of this Section is to protect the public health,
safety, environment, and general welfare through the regulation and
prevention of litter. The objectives of this Section are:
(1)
Provide for uniform prohibition throughout the
City of Carl Junction of any and all littering on public or private
property; and
(2)
Prevent the desecration of the beauty and quality
of life of the City of Carl Junction and prevent harm to the public
health, safety, environment, and general welfare, including the degradation
of water and aquatic resources caused by litter.
2.
Applicability. This Section shall apply to
all public and private property within the City of Carl Junction.
3.
Compatibility with other regulations. This
regulation is not intended to interfere with, abrogate, or annul any
other ordinance, rule or regulation, statute or other provision of
law. The requirements of this Section should be considered minimum
requirements, and where any provision of this Section imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, whichever provisions are more restrictive
or impose higher protective standards for human health or the environment
shall be considered to take precedence.
4.
Severability. If the provisions of any Article,
Section, Subsection, paragraph, subdivision or clause of this Section
shall be judged invalid by a court of competent jurisdiction, such
order of judgment shall not affect or invalidate the remainder of
any Article, Section, Subsection, paragraph, subdivision or clause
of this Section.
B.
LITTER
PUBLIC OR PRIVATE PROPERTY
Definitions. As used in this Section, the following
terms shall have the meanings indicated:
Any organic or inorganic waste material, rubbish, refuse,
garbage, trash, hulls, peelings, debris, grass, weeds, ashes, sand,
gravel, slag, brickbats, metal, plastic, and glass containers, broken
glass, dead animals or intentionally or unintentionally 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, playground,
building, refuge, or conservation or recreation area; timberlands
or forests; and residential, commercial, industrial, or farm properties.
C.
Prohibition Against Littering Public Or Private Property
Or Waters. 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 this City or any waters in this City unless:
1.
The property is designated by the State or by any of its agencies
or political subdivisions for the disposal of such litter, and such
person is authorized by the proper public authority to use such property;
2.
The litter is placed into a receptacle or container installed
on such property; or
3.
The person is the owner or tenant in lawful possession of such
property, or has first obtained consent of the owner or tenant in
lawful possession, or unless the act is done under the personal direction
of the owner or tenant, all in a manner consistent with the public
welfare.
D.
Vehicle Loads Causing Litter. No person shall operate
any motor vehicle with a load on or in such vehicle unless the load
on or in such vehicle is adequately secured to prevent the dropping
or shifting of materials from such load onto the roadway.
E.
Violations, Enforcement And Penalties.
1.
Violations. It shall be unlawful for any person
to violate any provision or fail to comply with any of the requirements
of this Section. Any person who has violated or continues to violate
the provisions of this Section may be subject to the enforcement actions
outlined in this Subsection or may be restrained by injunction or
otherwise sentenced in a manner provided by law.
2.
Evidence.
a.
Whenever litter is thrown, deposited, dropped or dumped from
any motor vehicle, boat, airplane, or other conveyance in violation
of this Section, it shall be prima facie evidence that the operator
of the conveyance has violated this Section.
b.
Except as provided in Subsection (a) above, whenever any litter which is dumped, deposited, thrown or left on public or private property in violation of this Section is discovered to contain any article or articles, including but not limited to letters, bills, publications or other writing which display the name of the person thereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this Section.
3.
Penalties. Any person who violates this Section
shall be guilty of a violation and, upon conviction thereof, shall
be punished as follows:
a.
By a fine of not less than twenty-five dollars ($25.00) and
not more than five hundred dollars ($500.00); and
b.
In addition to the fine set out in Subsection (a) above, the violator shall reimburse the City for the reasonable cost of removing the litter when the litter is or is ordered removed by the City of Carl Junction; and
c.
Pickup and removal of litter.
(1)
In the sound discretion of the court, the person
may be directed to pick up and remove from any public street or highway
or public right-of way for a distance not to exceed one (1) mile any
litter he has deposited and any and all litter deposited thereon by
anyone else prior to the date of execution of sentence; or
(2)
In the sound discretion of the court, the person
may be directed to pick up and remove any and all litter from any
public property, private right-of-way, or with prior permission of
the legal owner or tenant in lawful possession of such property, any
private property upon which it can be established by competent evidence
that he has deposited litter. Pick up and removal shall include any
and all litter deposited thereon by anyone prior to the date of execution
of sentence; and
d.
The court may publish the names of persons convicted of violating
this Section.
4.
Enforcement. All law enforcement agencies,
officers and officials of this State or any political subdivision
thereof, or any enforcement agency, officer or any official of any
commission of this State or any political subdivision thereof, are
hereby authorized, empowered and directed to enforce compliance with
this Section.
A.
A person commits the offense of unlawful disposition of a dead animal
if he or she knowingly places or causes to be placed the carcass or
offal of any dead animal:
A.
A person
commits the offense of tampering with a water supply if he or she
purposely:
1.
Poisons, defiles or in any way corrupts the water of a well, spring,
brook or reservoir used for domestic or municipal purposes; or
2.
Diverts, dams up and holds back from its natural course and flow
any spring, brook or other water supply for domestic or municipal
purposes, after said water supply shall have once been taken for use
by any person or persons, corporation, town or city for his/her, their
or its use.
B.
The
offense of tampering with a water supply is an ordinance violation.
[Ord. No. 90-6 §§1 —
4, 3-7-1990]
A.
The
Mayor shall direct the Street Commissioner to order signage which
shall read as follows:
|
|
NO DUMPING!
Violators may be fined
up to $500 per violation.
By Order, Board of Aldermen,
City of Carl Junction
|
B.
The
Mayor shall then direct the Street Commissioner to place the signs
in areas which appear to be at risk to illegal dumping of trash and
litter.
C.
The Mayor shall direct the Police Department to be vigilant in enforcing Section 210.520, entitled "Litter Control". The Mayor shall also direct all City employees to be watchful of any possible illegal dumping activities inside the City limits and to report such activities to the Police Department immediately.
D.
The penalty for violation of the provisions of this Section 210.520, shall be a fine of not less than one hundred twenty-five dollars ($125.00) and not more than five hundred dollars ($500.00) and the offender shall be required, at his/her own expense, to clean up the area in which the violation occurred to the satisfaction of the Mayor or his/her designated agent.
