(A) In arriving at realistic penalties for violations of provisions contained in this subchapter, the primary objective has been to establish them as part of the simplest possible enforcement system. The system has these features:
(1) A mail-in ticket which:
(a) Identifies the violator.
(b) Lists and identifies violations of the ordinance provisions by section numbers.
(c) States the prescribed fine beside each violation listed.
(d) Provides simple instructions on where the ticket is to be mailed with a check or money order in the amount of the stipulated fine.
(e) States a simple procedure to follow if the violator elects to appear in court to plead his case rather than mail in the fine.
(2) Use of the above ticket by all department and agency personnel authorized to enforce any section of this subchapter.
(3) Use for particularly flagrant violations (dumpouts, garbage spreading from badly-overloaded solid waste containers, debris-strewn property and the like). This would be in the form of a direct summons to court, with a penalty range substantially above those on the mail-in ticket.
(B) (1) Any person who violates any provision of this subchapter for which no penalty is otherwise provided shall be guilty of a misdemeanor and shall be subject to the following schedule of penalties:
Violations | Amount |
Violations | Amount |
Litter by pedestrians and motorists | $ 50 |
Dumpouts | 300 |
Littering with handbills, leaflets and the like | 100 |
Failure to provide litter receptacles | 100 |
Transporting loose materials without adequate covering | 100 |
Lack of containers at loading/unloading operations | 100 |
Failure to clean loading/unloading areas | 100 |
Accumulations of litter at construction/demolition sites | 100 |
Lack of containers at construction/demolition sites | 100 |
Inability to show proof of proper end disposition of construction/demolition | 100 |
Improper household solid waste containerization | 50 |
Improper disposal of household bulk | 50 |
Failure to bundle and tie loose excess household solid waste | 50 |
Uncovered household containers | 50 |
Failure to replace defective household containers | 50 |
Failure to follow prescribed putout practices | 50 |
Improper commercial solid waste containerization | 100 |
Uncovered commercial containers | 50 |
Failure to replace defective commercial containers | 100 |
Litter on private premises | 100 |
Litter on sidewalks and strips | 100 |
Sweepouts | 100 |
(2) Each and every day during which a stationary violation continues, except in cases in which a given time has been allowed for corrective action to be taken, shall be a separate and distinct offense.
(C) Any person violating the provisions of § 130.04 shall be guilty of a misdemeanor and in addition to or in lieu of any other penalty, such person may in the sound discretion of the court, be directed by the court to pick up and remove from any public place or any private property, with permission of the owner, or the person in possession of the property, upon which it is established that such person has deposited litter any and all litter deposited thereof by any one prior to the date of the execution of the sentence.
(Ord. 830.1, passed 2-21-80; Am. Ord. 101.00, passed - -95)