§ 135.04 LITTERING.
   (A)   This section shall be known as the “Marlinton Town Littering Ordinance”.
   (B)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      LITTER. All waste material including, but not limited to, any garbage, refuse, trash, disposable package, container, can, bottle, paper, ashes, cigarette or cigar butt, carcass of any dead animal or any part thereof, or any other offensive or unsightly matter, but not including the wastes of primary processes of mining, logging, sawmilling, farming or manufacturing.
      LITTER RECEPTACLE. Those containers suitable for the depositing of litter at each respective public area designated by the director’s regulations promulgated pursuant to W. Va. Code § 22-15A-2(9).
      PUBLIC AREA. An area within the town, including public road and highway rights-of-way, parks and recreation areas owned or controlled by this state or any county thereof, or an area held open for unrestricted access by the general public.
   (C)   Any person who places, deposits, dumps, or throws or causes to be placed, deposited, dumped or thrown any litter as defined in this section, in or upon any public or private highway, road, street or alley, or upon any public park or other public property other than in such place as may be set aside for such purpose by the governing body having charge thereof, is guilty of a violation of this section.
   (D)   No portion of this section shall be construed to restrict a private owner in the use of his or her own private property or to prohibit the disposal of litter in any manner otherwise authorized by law.
   (E)   Any law enforcement officer who shall observe a person violating the provisions of this section shall have a mandatory duty to arrest or otherwise prosecute the violator to the limits provided.
(Ord. passed 10-7-1985) Penalty, see § 135.99