(A) Purpose. The purpose of this section is to establish requirements to control littering in the Town of Beverly Shores, Indiana, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
(B) Definitions. For the purpose of this section, the following words shall have the meanings stated herein.
LITTER.
Any used or unconsumed substance or waste material which has been discarded, whether made of metal, 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 flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material.
LITTER RECEPTACLE.
A container suitable for the depositing of litter.
PUBLIC PLACE.
Any area that is used or is held out for use by the public, whether owned or operated by public or private interests.
(C) Prohibited acts and regulated activities.
(1) It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon any highway, road, street, alley, public right of way, beach, lake, stream, waterway or on ice over these waters or on other public place or private property other than in a litter receptacle, or having done so, to allow such litter to remain. A landlord shall also be liable if its tenant throws, drops, discards or otherwise places any litter of any nature upon any highway, road, street, alley, public right of way, beach, lake, stream, waterway or on ice over these waters or on other public place or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
(2) Whenever any litter is thrown or discarded or allowed to fall from a vehicle in violation of this section, the operator or owner, or both, of the motor vehicle shall also be deemed to have violated this section.
(3) It shall be unlawful for any person to sweep litter into or deposit it on any highway, road, street, alley, public right of way, or other public place from any building or lot or from any public or private sidewalk or driveway.
(4) No person shall drive or move any commercial truck or other commercial vehicle within the town unless such vehicle is constructed or loaded as to prevent load, contents or litter from being blown or deposited upon any highway, road, street, alley, public right of way or other public place, nor shall any person drive or move any commercial vehicle or commercial truck within the town, the wheels or tires of which carry onto or deposit in any highway, road, street, alley, public right of way or other public place, mud, dirt, sticky substances, litter, or foreign matter of any kind, excluding any public road construction.
(5) The owner or persons in control of any private property or public place shall use reasonable efforts to maintain the property free of litter; provided, however, that this section shall not prohibit the storage of litter in litter receptacles for collection. Litter receptacles placed at the roadside for collection shall be removed within 24 hours after such collection.
(D) Enforcement. This section shall be enforced by the Police Department.
(Ord. 2013-04, passed 7-15-2013) Penalty, see § 91.99