§ 130.11 LITTERING.

   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      INJURIOUS OR DANGEROUS MATERIAL. Any item or material which may cause injury to a person or which poses a danger to persons or property, including, but not limited to, sharp objects or debris, acid, chemicals, sewer, explosive material or devices, paint, ammunition and the like.

      LARGE OBJECTS.

         (a)   Objects which are too large or heavy to place into a canister, including furniture, bicycles, appliances, building materials, metal and the like.

         (b)   Refrigerators, freezers, batteries and injurious or dangerous materials are not included.

      LITTER. Any item or material which is not injurious or dangerous.

   (B)   Prohibited behavior. Without lawful authority, a person shall not litter or pollute by knowingly doing, permitting or facilitating any of the following:

      (1)   Throwing, placing or dropping any litter on public property or the property of another which is not immediately removed;

      (2)   Throwing, placing or dropping any injurious or destructive material on any public property or the property of another; and/or

      (3)   Discharging, depositing, throwing or dripping sewage, oil products, acids, chemicals or other harmful substances into any waters or onto a watershed.

   (C)   Deposits. Not withstanding division (B) above, a person who is a resident of the state may deposit:

      (1)   Limbs, wood and combustible wood products at the sign designated “burn pile”, which is maintained by the town;

      (2)   Tires at the sign designated “tire pile”, which is maintained by the town; and/or

      (3)   Large objects at designated hours when an attendant is present, at the sign designated “roll-off dumpster”, which is maintained by the town.

   (D)   Penalties.

      (1)   A violation of § 130.11(B)(1) is a Class 2 misdemeanor when the litter is 300 pounds or less in weight and 100 cubic feet or less in volume. A violation of § 130.11(B)(1) is a Class 1 misdemeanor when the litter is more than 300 pounds in weight or more than 100 cubic feet in volume.

      (2)   A violation of § 130.11(B)(2) or (B)(3) is a Class 1 misdemeanor.

      (3)   In addition to any other penalty, a violator may be required to reimburse the property owner or damages, including the cost of removing the litter or material and restoring the property to its original condition.

      (4)   For Class 1 and Class 2 misdemeanor penalties, see § 130.99.

(1974 Code, § 10-1-13) (Ord. 06-001, passed 1-24-2006; Ord. 13-004, passed 10-8-2013)