[R.O. 2013 §210.790; Ord. No. 1663 §1, 3-7-2005]
A.
The
purpose of this Article is to protect the public health, safety, environment
and general welfare through the regulation and prevention of litter.
The objectives of this Article are:
1.
Provide for uniform prohibition throughout Valley Park of any and
all littering on public or private property; and
2.
Prevent the desecration of the beauty and quality of life of Valley
Park and prevent harm to the public health, safety, environment and
general welfare, including the degradation of water and aquatic resources
caused by litter.
[R.O. 2013 §210.800; Ord. No. 1663 §1, 3-7-2005]
This Article shall apply to all public and private property
within Valley Park.
[R.O. 2013 §210.810; Ord. No. 1663 §1, 3-7-2005]
As used in this Article, the following terms shall have these
prescribed meanings:
Any organic or inorganic waste material, rubbish, refuse,
garbage, trash, hulls, peelings, debris, grass, grass clippings, fallen
leaves, branches, twigs, weeds, cut weeds, ashes, sand, gravel, slag,
brickbats, metal, plastic and glass containers, broken glass, dead
animals, carcasses, or intentionally or unintentionally discarded
materials of every kind and description.
[Ord. No. 2037, 7-15-2019]
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.
[R.O. 2013 §210.820; Ord. No. 1663 §1, 3-7-2005; Ord. No. 2037, 7-15-2019]
A.
It
shall be unlawful for any person or persons to dump, deposit, blow,
sweep, throw or leave or to cause or permit the dumping, depositing,
blowing, sweeping, placing, throwing or leaving of litter on any public
or private property in Valley Park or any waters in Valley Park 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; and
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.
[R.O. 2013 §210.840; Ord. No. 1663 §1, 3-7-2005]
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this Article. Any
person who has violated or continues to violate the provisions of
this Article may be subject to the enforcement actions outlined in
this Section or may be restrained by injunction or otherwise sentenced
in a manner provided by law.
[R.O. 2013 §210.850; Ord. No. 1663 §1, 3-7-2005]
A.
Whenever
litter is thrown, deposited, dropped or dumped from any motor vehicle,
boat, airplane or other conveyance in violation of this Article, it
shall be prima facie evidence that the operator of the conveyance
has violated this Article.
B.
Except as provided in Subsection (A), whenever any litter which is dumped, deposited, thrown or left on public or private property in violation of this Article 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 Article.
[R.O. 2013 §210.860; Ord. No. 1663 §1, 3-7-2005]
A.
Any
person who violates this Article shall be guilty of a violation and,
upon conviction thereof, shall be punished as follows:
1.
By a fine of not less than one hundred dollars ($100.00) and not
more than five hundred dollars ($500.00) or by imprisonment up to
three (3) months, or both; and
2.
In addition to the fine set out in Subsection (1) above, the violator shall reimburse Valley Park for the reasonable cost of removing the litter when the litter is or is ordered removed by Valley Park; and
3.
Court may direct person to remove litter, how, when.
a.
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/she has deposited and any and all litter deposited thereon by anyone
else prior to the date of execution of sentence; or
b.
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/she
has deposited litter. Pickup and removal shall include any and all
litter deposited thereon by anyone prior to the date of execution
of sentence; and
4.
The court may publish the names of persons convicted of violating
this Article.
[R.O. 2013 §210.870; Ord. No. 1663 §1, 3-7-2005]
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 Article.
