CHAPTER 4
LITTERING
LITTERING
SECTION:
5-4-1: Definitions
5-4-2: Prohibited Acts And Regulated Activities
5-4-3: Sweeping Litter Into Gutters Prohibited
5-4-4: Permitting Accumulation Of Uncontainerized Litter Prohibited
5-4-5: Litter From Construction Sites Prohibited
5-4-6: Litter From Loading Or Unloading Operation Prohibited
5-4-7: Violation; Penalty
5-4-8: Enforcement
LITTER: Any quantity of uncontainerized garbage, trash, refuse, rubbish, debris, or other waste material including, but not limited to, cans, bottles, jars, treated or untreated paper, wrappings, ashes, cigarettes, cardboard, rags, yard clippings, leaves, grass, wood, glass, dead animals or parts thereof, scrap metal, salvaged metal, motor vehicle parts including bodies, discarded furniture, used appliances, or any other matter which constitutes a threat to public health or safety.
This is not to preclude persons who compost materials described above such as leaves, grass, or wood chips from doing so in a manner not constituting a threat to public health or safety. A person may also leave grass clippings or leaves in their yards as a means of protecting gardens or flowerbeds over the course of a winter when it is their intent to properly dispose or incorporate these materials the following spring and not to create a public health or safety concern. A person may also recycle metal so long as it is not done in a manner creating a public health or safety issue by drawing in insects such as creating breeding places for mosquitoes, attracting rodents or vermin such as skunks or otherwise creating a public health concern. However, this is intended to allow a private citizen the ability to recycle materials on an occasional basis and is not meant to allow a permanent recycling business in any residential area of the city. A person may also have wood piles for burning as firewood but such should be neatly stacked and not scattered about the yard or area so as to be unduly unsightly or creating a public health or safety concern including, but not limited to, creating a fire hazard.
LITTER RECEPTACLE: A container designed for and suitable for the depositing of litter.
PERSON: Any individual, corporation, company, partnership, firm, association or organization subject to the jurisdiction of the city of Cut Bank as it now exists or as it may exist subsequent to annexation or addition or by jurisdictional extension properly adopted by the city council of the city of Cut Bank.
The city of Cut Bank recognizes that certain businesses within the business or industrial zoning districts operate businesses which as a necessary part of their business involve the collecting of scrap metal, used appliances, motor vehicles or parts, salvaged metal, paper or cardboard, and other such materials defined as "litter" hereinabove, that these businesses so long as they continue operations in a manner not creating either public health or safety issues or creating an unsightly or disorganized mess may continue to operate their business pursuant to appropriate industry standards of that type of business. (Ord. 2010-01, 4-19-2010)
A. It shall be unlawful for any person to throw or deposit litter in or upon any street, sidewalk, or other public place or any private property, except in public or private containers designed and intended for the collection of litter. Persons placing litter in containers shall do so in such a manner as to prevent its being carried or deposited by the elements upon any streets, sidewalks, or other public or private property.
B. No person shall drive or move any truck or other motor vehicle unless such vehicle is so constructed or loaded so as to prevent any load, contents, or litter from falling, being blown or otherwise being deposited upon any street, alley or other public place or any private property.
C. In any prosecution for violation of this chapter involving a motor vehicle, proof that a particular vehicle was the origin of the litter, together with proof that the defendant was at the time of the alleged violation the registered owner of the motor vehicle, shall constitute in evidence a rebuttable presumption that the registered owner was the person who committed the violation. If a law enforcement officer has the ability to charge a violation of this chapter to a particular person other than the owner, then the registered owner shall not be charged. (Ord. 2010-01, 4-19-2010)
A. No person shall sweep into and leave or deposit in any gutter, alley, street, or other public place within the city of Cut Bank any accumulation of litter from any building or lot or from any public or private sidewalk or driveway.
B. Every person owning or occupying property shall keep the sidewalks and alleys abutting such property free of litter.
C. It is the duty of every person distributing or causing to be distributed commercial handbills, leaflets, fliers, yard sale notices or other such advertising to take reasonable measures to ensure such materials are handled so as to prevent them from littering any public or private property. All such materials must be removed and properly disposed of within twenty four (24) hours of the end of the sale or event. (Ord. 2010-01, 4-19-2010)
Any person being the owner, tenant, or person in control of private property shall at all times within reason and in a timely manner maintain the premises free of any uncontainerized litter. Any person who shall suffer or permit any yard, grounds, or premises (including parking lots) belonging to or controlled by him, as agent, tenant, or otherwise, within the city limits of the city of Cut Bank, to become nauseous, foul, offensive or injurious to the public health, or unpleasant and disagreeable to adjacent residents or persons passing by, shall be guilty of committing a nuisance. At such times as described herein, in addition to the penalties provided in this chapter, those persons charged with enforcing the provisions of ordinance 8.00 along with its subsequent amendments defining nuisances and codified in chapter 1 of this title are to be followed and enforced. (Ord. 2010-01, 4-19-2010)
A. No person being the owner or person in charge of any property upon which a structure is being constructed or demolished shall permit the accumulation of uncontainerized litter upon such property or permit litter therefrom to become blown or scattered upon such property or any other property or public place.
B. No person being the owner or person in charge of any property upon which a structure is being constructed or demolished shall fail to provide adequate containers to hold all litter upon such property or otherwise being produced by the construction or demolition. All containers shall be utilized to prevent any litter from being blown or otherwise scattered upon the property or any other property nearby.
C. It is the duty of the owner, agent, contractor or any other person in charge of any property involving either construction or demolition of any structure to cause, maintain, permit or allow any accumulation of litter or rubbish on the site before, during and after the completion of the construction or demolition project. A further part of this duty is to make appropriate arrangements for the disposal of this litter and rubbish at facilities authorized for final disposition. All such litter and rubbish shall be containerized by the end of each day or more often if weather conditions require more frequent collection prior to being blown or scattered. (Ord. 2010-01, 4-19-2010)
No person owning or having charge of any premises or business upon which objects or materials are being loaded or unloaded from any motor vehicle or other device of conveyance shall permit any uncontainerized litter resulting from such loading or unloading to accumulate upon such property or to be blown or scattered upon any other property or public place. (Ord. 2010-01, 4-19-2010)
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