(A) All exterior property and premises, including decks, porches, and interior of every structure shall be free from any accumulation of rubbish or garbage in such a manner or in such quantity as to constitute a fire or safety hazard or a danger to health, or to become unsightly or otherwise give offense to persons in the neighborhood. Garbage and trash shall be disposed of by the owner or occupant promptly as it originates, in a lawful and sanitary manner by placing it in approved containers. Placement and removal of containers for garbage pick up shall be stored, pending collection. Disposal of garbage is the responsibility of the owner, occupant, or person in charge of the premises and failure to clean up litter after service of a notice of violation shall be subject to prosecution. See Section 3.3 of the Franchise Agreement with RGL, Inc. dba Mountain State Waste for solid waste collection services, available for inspection at City Hall.
(B) Each person occupying a residence or operating a business establishment must prove:
(1) Payment of garbage collection fee; or
(2) Proper disposal at an approved solid waste facility or in an otherwise lawful manner.
(W. Va. Code 22-4-8(4))
(C) No person shall place, deposit, dump, throw, or cause to be placed, deposited, or thrown and litter as defined in W. Va. Code 22-15A-2(8), in or upon any public or private highway, road, street, or alley; any private property; any public property; or the waters of the state or within 100 feet of the waters of this state, except in a proper litter or other solid receptacle.
(W. Va. Code 22-15A-4(a)(1))
(D) LITTER means all waste material, including, but not limited to, any garbage, refuse, trash, disposable package, container, can, bottle, covered electronic devices, ashes, cigarette or cigar butt, carcass of any dead animal or any part thereof, or any other offensive or unsightly matter.
(E) Any person who without authorization dumps garbage or trash, or assist in the unauthorized dumping of garbage or trash, in a dumpster or other solid waste container which is located on the property of another person and leased or otherwise owned or maintained by another person is guilty of a misdemeanor and, upon conviction thereof, shall be punished. The act of throwing isolated objects into a dumpster or other solid waste container in the prevention or elimination of litter is specifically excepted from any penalties under this section.
(W. Va. Code 8-12-5(10) and 61-3-53(a)) (Prior Code, § 1727.01) (Ord. passed 10-3-2023) Penalty, see § 1727.99
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