[HISTORY: Adopted by the Mayor and Board
of Aldermen of the Town of Dover 9-11-1990 by Ord. No. 23-1990; amended in its entirety 7-26-2005 by Ord. No. 18-2005. Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Litter is garbage discarded in a public place that has not been properly disposed. The terms "garbage" and "public place" are defined at Chapter 333 of this Code.[1] "Litter" is also defined as 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, cup or detachable tab of any bottle, jar or
can, any unlighted cigarette, cigar, match or any flaming or glowing
material or any garbage, trash, refuse, debris, rubbish, grass clippings
or other lawn or garden waste, newspaper, magazines, glass, metal,
plastic or paper containers or other packaging or construction material.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
It shall be unlawful for any person to throw, drop, discard
or otherwise place litter in any public place or upon private property,
other than a litter receptacle, or, having done so, to allow such
litter to remain.
No person shall sweep into or deposit in any public place within
the Town the accumulation of litter from any building or road or from
any public or private sidewalk or driveway. Persons owning or occupying
property shall keep the sidewalk in front of their respective premises
free from litter.
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any public place within the Town.
No person shall drive or move any truck or other vehicle within
the Town unless such vehicle is so constructed or loaded as to prevent
any load or contents of litter from being blown or deposited upon
any public place.
A.
No person shall throw, put or place or cause to be thrown, put or
placed into, upon or within any street, public place, parking lot
or public building any substance, matter or thing whatsoever, whereby
the safe, free or unobstructed use of the same by the public may be
in anywise impeded or interfered with or whereby the same may be rendered
unsightly in appearance; provided, however, that nothing herein contained
shall prohibit the deposit of any such material in any public or private
receptacles approved by the Mayor and Board of Aldermen for such purpose;
provided also, however, that nothing contained herein shall be construed
to prohibit construction, repair or maintenance equipment, materials
or machinery from being utilized on such street, public place, parking
lot or public building.
B.
No person shall sweep into or deposit in or on any sidewalk, gutter,
street or other public place within the Town any garbage from any
building or lot or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free from litter.
C.
No person shall put, deposit or throw any garbage in or upon their
private property or upon the private property of another, whereby
the same may be rendered unsightly in appearance or detrimental to
the health, safety and welfare of the public.
D.
No person shall drive or move any truck or other vehicle within the
Town unless such vehicle is so constructed, covered or loaded as to
prevent any load, contents or garbage from being blown or deposited
upon any street, alley or other public place, nor shall any person
drive or move any vehicle or truck within the Town, the wheels or
tires of which carry onto or deposit in any street, alley or other
public place mud, dirt, sticky substance, litter or foreign matter
of any kind.
E.
No person shall prevent or interfere with any employee of the Town
or any municipally authorized person in the sweeping or cleaning of
any street or in the removal of sweepings, ashes, garbage, rubbish,
snow, ice or other refuse material.
F.
No person shall discard or dump along any street or road, on or off
any right-of-way, any household or commercial solid waste, rubbish,
refuse, junk, vehicle or vehicle parts, rubber tires, appliances or
furniture on private property or in any place not specifically designated
for the purpose of solid waste storage or disposal.
This chapter may be enforced by any appropriate municipal employee,
including the Code Official, Municipal Engineer, his designee, or
the Police Department.
Any person who violates this chapter shall, upon conviction,
forfeit and pay a fine of $75 for the first offense, $125 for the
second offense occurring within two years of the first offense and,
for the third and any subsequent offenses occurring within three years
of the first offense, shall be subject to one or more of the following:
a fine not exceeding $1,250, a term of imprisonment not exceeding
90 days or a period of community service not exceeding 90 days, and
if the municipality has provided for cleanup and disposal, an additional
penalty for the reasonable costs of this work, as specified in the
following section.
In the event of noncompliance with the aforesaid provisions,
any person authorized to enforce this chapter may provide notice to
the owner or occupants of the property by personal service to a member
of the household of the occupant or owner, or by posting upon the
property, preferably upon an entry door, a document that includes
a copy of this chapter and a statement that an inspection has determined
that the property is in violation of this chapter, and that unless
the property is restored to proper order within 48 hours of the notice
that the Code Official may then employ the necessary labor and materials
to perform the required work and proper disposal as expeditiously
as possible. The costs reasonably necessary for the municipality to
perform such work may be assessed as an additional penalty for violation
of this section.
