(A) Definitions. The following definitions shall apply to these words when used in this chapter:
BULK WASTE. Items of residential litter, including furniture, appliances, large cartons or similar materials which cannot be placed in containers in accordance with the regulations herein set forth.
BUSINESS WASTE. Any item of litter which results from the production, storage or sale of merchandise, materials or services.
CONSTRUCTION HAULER. Any private person, partnership, corporation or association engaged in any aspect of the collection, transportation or disposal of any refuse within the corporate limits of Brookneal.
CONSTRUCTION SITE. Any residential, commercial, industrial or other area, lot or site, where construction of any type is conducted, including roads, buildings and all other places where construction, renovation or demolition, active or inactive, is underway.
CONSTRUCTION WASTE. Any building material or litter resulting from erecting, repairing, remodeling or demolishing a structure.
DEMOLITION WASTE. Any building material resulting from the removal or razing of a structure.
HAZARDOUS WASTE. Any material which the city deems to be potentially dangerous, including, but not limited to, materials which are explosive, combustible, toxic, disease-causing or radioactive.
INSTITUTION. Any public or private establishment which educates, instructs, treats for health purposes, or otherwise performs a service or need for the community, region, state or nation.
LITTER. All waste materials, odor-producing or non odor-producing, including, but not limited to, bottles, glass, crockery, cans, scrap metal, paper, plastic, rubber, garbage, cigarettes and cigarette stubs including cigar butts, building materials, appliances, furniture, household furnishings, tires, oils, paints, grease, diapers, personal hygienic items, disposable packages or containers thrown or deposited as prohibited herein.
PERSON. Any natural person, corporation, partnership, association, firm, receiver, guardian, trustee, executor, administrator, fiduciary or representative or group of individuals or entities of any kind.
PRIVATE PROPERTY. Property owned by any person, as defined herein, including, but not limited to, yards, grounds, driveways, entrances or passageways, parking areas, storage areas, any body of water, vacant land and recreational facilities.
PUBLIC PLACE. Any area that is used or held out for use by the public whether owned or operated by public or private interests.
PUBLIC PROPERTY. Any area that is used or held out for use by the public, whether owned or operated by public or private interests, including, but not limited to, highways, streets, alleys, parks, recreation areas, sidewalks, medians, lakes, rivers, streams, ponds or other bodies of water.
VEHICLE. Every device capable of being moved upon a public highway or public waterway and then upon or by which any person or property may be transported or drawn upon a public highway or public waterway.
(B) Regulation.
(1) It shall be unlawful for any person to dump or otherwise dispose of litter, a deceased companion animal, or other unsightly matter, on public property, including a public highway, right-of-way, property adjacent to such highway or right-of-way, or on private property without the written consent of the owner thereof or his agent.
(2) When any person is arrested for a violation of this section, and the matter alleged to have been illegally dumped or disposed of has been ejected from a motor vehicle or transported to the disposal site in a motor vehicle, the arresting officer may comply with the provisions of VA Code § 46.2-936 in making such arrest.
(3) When a violation of the provisions of this section has been observed by any person, and the matter illegally dumped or disposed of has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting or disposing of such matter. However, such presumption shall be rebuttable by competent evidence.
(C) Commercial establishments and institutions.
(1) It shall be the duty of each owner, occupant, proprietor or operator of any business, industry or institution situated within the town at all times to keep his premises clean of litter thrown or left on the premises by customers or generated by the business's, industry's or institution's operation, and to take reasonable measures to prevent the same from drifting or blowing to adjoining premises. The premises include, but are not restricted to, public and private sidewalks, roads, street gutters, alleys, grounds, parking lots, loading and unloading areas and all vacant lots which are owned or leased by said establishment or institution or are adjacent thereto.
(2) Receptacles. Receptacles of sufficient size and number shall be placed on the premises accessible to customers and employees of any business, industry or institution where articles of waste may be disposed of.
(Ord. passed - - )