For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENFORCEMENT OFFICER. Any county employee duly authorized to write either criminal or civil citations.
GARBAGE. All putrescible wastes, including animal offal and carcasses, and recognizable industrial byproducts, but excluding sewage and human waste.
LITTER. Any quantity of uncontainerized paper, metal, plastic, glass or miscellaneous solid waste, including but not limited to refuse or garbage.
NONPUTRESCIBLE WASTE. Solid waste that is not capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors and gases.
PERSON. Any individual, firm, governmental unit, organization, partnership, corporation or company.
PRIVATE PROPERTY. Includes but is not limited to the following exterior locations owned by private individuals, firms, corporations, institutions or organizations: yards, grounds, driveways, entrances, passageways, parking areas, working areas, storage areas, vacant lots and recreation facilities.
PUBLIC PROPERTY. Includes but is not limited to the following exterior locations: streets, street medians, roads, road medians, catch basins, sidewalks, alleys, public rights-of-way, public parking lots, school grounds, parks, playgrounds, other publicly owned recreation facilities, and county waterways and bodies of water.
PUTRESCIBLE WASTE. Solid waste capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors and gases, such as kitchen wastes, offal and carcasses.
REFUSE. All nonputrescible waste.
SOLID WASTE. Any hazardous or nonhazardous garbage, refuse or sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, domestic sewage and sludge generated by the treatment thereof in sanitary sewage collection, treatment and disposal systems and other material that is either discarded or is being accumulated, stored or treated prior to being discarded, or has served its original intended use and is generally discarded, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, commercial and agricultural operations, and from community activities.
WASTE. Useless, unused, unwanted or discarded materials resulting from natural community activities, including solids, liquids and gases.
(Ord. 30, passed 3-8-1999; Am. Ord. 30, passed 10-3-2005)
(A) It shall be unlawful for any person to place, throw, discard, dump or deposit litter in any manner or amount on public or private property in the county, except in containers or areas lawfully provided therefor.
(B) Vehicles or containers used for the collection and transportation by whatever means, including but not limited to highway, rail, and navigable waterway, of garbage or refuse containing garbage, shall be covered with a tarpaulin or similar material or otherwise secured to prevent the loss of the material when en route to destination.
(C) (1) In the prosecution charging a violation of division (B) of this section from a motor vehicle, proof that the particular vehicle described in the complaint was the origin of the litter, together with proof that the defendant named in the complaint was at the time of the violation the registered owner or operator of the vehicle, shall constitute in evidence a presumption that the registered owner was the person who committed the violation.
(2) If the civilian Enforcement Officer(s) observes litter being discarded from a motor vehicle or other types of vehicles, to include bicycles, boats, etc., the measure of proof shall be the registered owner of said vehicle. Civil citations will be sent to the registered owner of said vehicle.
(D) All manufactured home parks shall comply with § 152.081 of this code of ordinances, which states the owner or his or her designee shall be responsible for maintaining the park free of litter, debris and garbage. The owner or occupant of any other property, with exception of solid waste disposal sites in accordance with the Solid Waste Management Act and the federal Act, shall be responsible for the sanitary storage of all solid waste accumulated on the property.
(E) It shall be unlawful for any person to establish or allow to be established on his or her land a solid waste management facility, or otherwise treat, store or dispose of solid waste unless a permit for the facility has been obtained from the North Carolina Department of Environment and Natural Resources, Division of Waste Management.
(F) A person operating or having operated an open dump for disposal of solid waste or a person who knowingly owns land on which such an open dump is or has been operating shall immediately close the site in accordance with the following requirements:
(1) Implement effective vector control, including baiting for at least 2 weeks after closing, to prevent vector migration to adjacent properties;
(2) If the site is deemed suitable by the County Environmental Manager, compact and cover existing solid waste in place with 1 foot or more of suitable compacted earth; a condition of closing the site by compacting and covering the waste in place shall be the recordation of the waste disposal location by the property owner with the Register of Deeds in the county;
(3) If the site is deemed unsuitable by the county, all solid waste must be removed and placed in an approved disposal site or facility;
(4) Implement erosion control measures by grading and seeding; and
(5) Prevent unauthorized entry to the site by means of gates, chains, berms, fences and other security measures approved by the county, and post signs indicating closure for a period designated by the Environmental Manager not to exceed 1 year.
(G) It shall be unlawful for any person to engage in the demolition of a structure or to remove shingles from a structure without having first secured a permit from the County Code Enforcement Office.
(Ord. 30, passed 3-8-1999; Am. Ord. 30, passed 10-3-2005) Penalty, see § 50.99
(A) (1) Any person who violates this chapter in an amount not exceeding 15 pounds and not for commercial purposes is guilty of a Class 3 misdemeanor punishable by a fine of not less than $250 nor more than $500 for the first offense. Any second or subsequent offense is punishable by a fine of not less than $500 nor more than $1,000.
(2) In addition, the court may require the violator to pick up litter or perform other labor commensurate with the offense committed.
(B) Any person who violates this chapter in an amount exceeding 15 pounds but not exceeding 500 pounds and not for commercial purposes is guilty of a Class 3 misdemeanor punishable by a fine of not less than $250 nor more than $1,000. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed.
(C) Any person who violates this chapter in an amount exceeding 500 pounds or in any quantity for commercial purposes, or who discards litter that is hazardous waste as defined in G.S. § 130A-290, is guilty of a Class I felony. In addition, the court may order the violator to:
(1) Remove or render harmless the litter that he or she discarded in violation of this chapter at his or her own cost;
(2) Repair or restore property damaged by or pay damages for any damage arising out of his or her discarding litter in violation of this chapter; or
(3) Perform community public service relating to the removal of litter discarded in violation of this chapter or to the restoration of an area polluted by litter discarded in violation of this chapter.
(D) A court may enjoin a violation of this section.
(E) If a violation of this section involves the operation of a motor vehicle, upon a finding of guilt, the court shall forward a record of the finding to the Department of Transportation, Division of Motor Vehicles, which shall record a penalty of 1 point on the violator’s driver’s license pursuant to the point system established by G.S. § 20-16. There shall be no insurance premium surcharge or assessment of points under the classification plan adopted pursuant to G.S.§§ 58-36-65 and 58-36-70 for a finding of guilt under this section.
(F) A motor vehicle, vessel, aircraft, container, crane, winch or machine involved in the disposal of more than 500 pounds of litter in violation of this section is declared contraband and is subject to seizure and summary forfeiture to the county.
(G) If the person upon whom a notice of violation of this chapter is served fails, neglects or refuses to remove or properly dispose of or cause to be removed or properly dispose of any open dump or unsanitary accumulation within 30 days after receipt of the notice, the County Enforcement Officer Environmental Manager or his or her authorized representative may apply to the court having jurisdiction for an injunction and order of abatement. Upon the request of the owner, lessee or occupant of the lot or land and with the approval of the County Manager, the Environmental Manager may be authorized to remedy the violation with the expenses thereof to be charged to and paid by the person in default; provided, however, that nothing herein shall relieve the owner, lessee or occupant of his or her responsibility to remedy the violation required by this chapter.
(H) The Enforcement Officer(s) shall have the authority to write civil citations in the amounts specified in division (I) of this section. Law Enforcement Officers may issue both criminal and civil citations, but not both concurrently.
(I) Civil penalties.
Accidental/No Environmental Hazard | |
Non Commercial | |
First offense | $50.00 |
Repeat violation | $100.00 |
Commercial | |
First offense | $100.00 |
Repeat offense | $150.00 |
Accidental/Environmental Hazard | |
Non Commercial | |
First offense | $100.00 plus cleanup costs |
Repeat offense | $150.00 plus cleanup costs |
Commercial | |
First offense | $150.00 plus cleanup costs |
Repeat offense | $250.00 plus cleanup costs |
Willfully - No Environmental Hazard | |
Non Commercial | |
First offense | $300.00 |
Repeat offense | $350.00 |
Commercial | |
First offense | $350.00 |
Repeat offense | $450.00 |
Willfully - Environmental Hazard | |
Non Commercial | |
First offense | $450.00 plus cleanup costs |
Repeat offense | $550.00 plus cleanup costs |
Commercial | |
First offense | $550.00 plus cleanup costs |
Repeat offense | $750.00 plus cleanup costs |
(Ord. 30, passed 3-8-1999; Am. Ord. 30, passed 10-3-2005)