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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)
It is a misdemeanor for any person to do any act forbidden or fail to do any act required by this chapter. Every person convicted of a violation of any provision of this chapter shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for a first conviction. A second offense shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00). A third or subsequent offense shall be punished by a fine of two hundred dollars ($200.00). (Ord. 2010-01, 4-19-2010)
This chapter may be enforced by any city police officer, the city code enforcement officer, or by the city superintendent.
A private citizen who observes another person littering may file a written, signed and dated statement with the Cut Bank police department. The police shall investigate the matter and determine if further prosecution for violation of this chapter is warranted. (Ord. 2010-01, 4-19-2010)