This chapter shall be known and may be cited as the "County
of Carroll Litter Control Ordinance."
As used in this chapter, the following terms shall have the
meanings respectively ascribed to them, unless the context clearly
indicates a different meaning:
All solid waste emanating from establishments engaged in
business. This category includes, but is not limited to, solid waste
resulting from the operation of stores, markets, office buildings,
restaurants, shopping centers, and theatres.
An unregulated disposal site that is operated without the
required compaction and cover.
[Amended 11-14-2013]
Includes those materials which, because of their inherent
nature and/or quantities, require special handling during disposal
to avoid creating environmental damage or hazards to public health
or safety. "Hazardous waste" includes, but is not limited to, such
items as petroleum wastes, paints, plastics, explosives, acids, caustics,
chemicals, poisons, drugs, radioactive materials, asbestos fibers,
imported wool fibers, pathogenic wastes from hospitals, sanatoriums,
nursing homes, clinics, and veterinary hospitals, waste from slaughterhouses,
poultry processing plants, and the like. (Residential solid waste
normally contains some hazardous materials, but because such materials
are usually present in very small quantities, their safe disposal
either in a sanitary landfill or incinerator presents no special problems.
Therefore, residential waste is not considered to be hazardous within
the meaning of "hazardous waste" as used in this chapter.)
All solid waste resulting from manufacturing and industrial
processes such as, but not limited to, those carried on in factories,
processing plants, and slaughterhouses.
An institution, public or private corporation, individual,
partnership, combination thereof, or other entity.
Household solid waste emanating from private residences.
A land site on which engineering principles are utilized
to bury deposits of solid waste without creating nuisances or hazards
to public health or safety.
Garbage, refuse, and other discarded solid materials, including
solid waste materials resulting from industrial, commercial, and agricultural
operations and from community activities, but does not include solid
or dissolved material in domestic sewage or other significant pollutants
in water resources, such as silt, dissolved or suspended solids in
industrial wastewater effluents, dissolved materials in irrigation
return flows, or other common water pollutants. The term "solid waste"
shall not include automobiles and other motor vehicles, nor any part
thereof, other than small parts or pieces of scrap metal.
The method of disposal of solid waste operated by the County
of Carroll.
A.
It shall be unlawful for any person to dispose of any solid waste
in any well, spring, reservoir, watercourse or body of water or upon
any sidewalk or public grounds, other than grounds designated by the
County of Carroll for such purpose, and then only in the manner provided
by this chapter and by governmental regulations relating thereto.
B.
It shall be unlawful for any person to permit any land within the
County which is owned or occupied by him or which is under his charge
or supervision to be used as a dumping ground. Nothing in this section
shall prohibit the dumping of solid waste material in a sanitary landfill
licensed by the Executive Director of the Department of Waste Management
and operated in accordance with state regulations.
A.
Any person shall be guilty of a misdemeanor who shall dump or otherwise
dispose of solid waste material on a public highway, right-of-way,
property adjacent to such highway or right-of-way, or on private property
without written consent of the owner thereof or his agent.
B.
When any person is arrested for a violation of this section, and
the matter alleged to have been dumped or disposed of on the highway,
right-of-way, property adjacent to such highway or right-of-way, or
private property has been ejected from a motor vehicle, the arresting
officer may comply with the provisions of § 46.2-936, Code
of Virginia, in making such arrest.
C.
When a violation of the provisions of this section has been observed by any person, and the matter dumped or disposed of on the highway, right-of-way, property adjacent to such highway or right-of-way, or private property has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting such trash, garbage, refuse or other unsightly matter; provided, however, that such presumption shall be rebuttable by competent evidence. For state law similar to Subsections A through C of this section, and the authority of the Board of Supervisors to enact, see Code of Virginia, § 33.1-346.
D.
Any person violating the provisions of this section shall be guilty
of a Class 1 misdemeanor. Each day any violation of this section shall
continue shall constitute, except where otherwise provided, a separate
offense.
[Amended 11-14-2013]
E.
All fines and costs collected under the terms of this section shall
be paid over to the County Treasurer and credited by him to the general
County fund.
A.
It shall be the duty of each owner, occupant and person in charge
of any real property in the County to maintain such property at all
times free from any accumulation of solid waste matter which might
endanger the health or safety of residents of the County or otherwise
constitute a nuisance and, if such property is located within a platted
subdivision or any other area zoned for residential, business, commercial
or industrial use, to provide for the cutting thereon of grass, weeds
and other foreign growth as often as may be necessary to prevent breeding
and harboring places for insects, reptiles and rodents and to prevent
other hazards to the health or safety of residents of the County or
other nuisances.
B.
The County may at any time, and, upon complaint by any responsible person that conditions exist on any real property in violation of Subsection A of this section, shall, investigate conditions existing on real property in the County, and, upon a determination following investigation that the owner, occupant or person in charge of any real property in the County stands in violation of his duty as provided in Subsection A, the County shall give written notice to the owner of record of such property, stating the facts which constitute a violation of Subsection A and directing him to take such action as may be necessary to rectify such conditions within such time, not more than 10 days, as shall be stated in the notice.
C.
If, 10 days after the service of any such notice, the directive thereof
has not been complied with, the County may proceed to have such work
done as may be necessary to abate any such condition, and all expenses
resulting therefrom shall be chargeable to and paid by the owner of
such property and may be collected by the County as taxes and levies
are collected, and all charges not so collected shall constitute a
lien against such property.
D.
For state law as to authority of Board of Supervisors to enact this
section, see Code of Virginia, § 15.2-901.
It shall be unlawful for any person transporting any wastes,
whether liquid or solid, upon or over any public street or right-of-way
within the County to fail to provide a suitable and secure cover therefor
and to take such other precautions as may be necessary to prevent
any such waste matter from spilling from the vehicle in which it is
being transported.
