Chapter 8.08
LITTERING

Sections:

8.08.010    Definitions.

8.08.020    Litter unlawful.

8.08.030    Notice to abate – Removal by borough.

8.08.040    Refuse container standards.

8.08.050    Compliance – Enforcement.

8.08.010 Definitions.

Unless the context requires otherwise, whenever used in this chapter the following words and terms shall have the meaning herein ascribed to them:

“Abate” means to clean up.

“Abatement official” means the manager or designee of the manager appointed to carry out and enforce the provisions of this chapter.

“Ashes” means the solid waste products of coal, wood, and other combustible materials from all public and private establishments and from all residences.

“Garbage” means all waste accumulations of animal, fruit, and vegetable matter that attend the preparation, use, cooking, dealing in, or storage of meat, fish, fowl, vegetables, or fruits; “garbage” includes containers originally used to store, collect, or transport such food stuffs.

“Litter” means garbage, refuse, rubbish and all other waste material which, if thrown or deposited as prohibited in this chapter, tend to create a danger or nuisance to public health, safety, and welfare.

“Refuse” means garbage, rubbish, ashes, industrial waste, and all other liquid or solid waste.

“Refuse container” means a nonvehicular (except for trailers built or modified for use as refuse containers) litter storage and collection receptacle that satisfies the requirements of HBC 8.08.040.

“Rubbish” means all other refuse that is not considered garbage, ashes, or industrial waste; “rubbish” includes waste paper, cardboard, wood, tin cans, glass, bottles, yard rakings, tree limbs, bedding, metals, trash, sweepings, and all similar substances.

“Rubble” means rocks, concrete, bricks and similar solid material, plaster, dirt, or scrap metal.

8.08.020 Litter unlawful.

It is unlawful for any person to do any of the following within the Haines Borough:

A. Cause or allow litter to be collected, deposited, or to remain in any place under the person’s control, and/or possession, other than in an appropriate refuse container, designed for such purpose;

B. Deposit litter in or upon any street, sidewalk, or other public place except in a public refuse container, authorized private trash receptacle, or in a disposal area designated by the borough;

C. Sweep or deposit into any gutter, street, or other public place the accumulation of litter from any residence, building, lot, public or private sidewalk, or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter;

D. Drive or move any vehicle that is carelessly loaded or not constructed to prevent its load from falling upon any street, alley, or public place;

E. Deposit any litter on private property, whether owned by the person or not;

F. Possess or control private property that is not maintained in a litter-free condition;

G. Place, post, or deposit any handbill, poster, or other device calculated to attract the public unless permitted under HBC Title 18;

H. Deposit litter in a lake, river, stream, or other body of fresh or salt water;

I. Deposit litter generated in a person’s household, property, or business in a refuse container not owned, leased, designated, or otherwise intended to be used by that person. This prohibition does not include the deposit of incidental amounts of litter or refuse in refuse containers designated for public use in parks, campgrounds, and other such facilities by users of that public facility;

J. Deposit litter that may be offensive, noxious, or otherwise dangerous to the public health or safety on any public or private property, alley, street, or other roadway within the Haines Borough. (Ord. 18-06-498 § 4; Ord. 18-01-487 § 4; Ord. 06-05-144)

8.08.030 Notice to abate – Removal by borough.

A. The abatement official is authorized to notify the responsible party of a violation of HBC 8.08.020 and to require the correction or abatement of the violation by said party. The notice shall specify the violation and required abatement or corrective action and shall be given by certified mail, addressed to the responsible party at the party’s reasonably ascertainable last known address. As circumstance may warrant, a citation may be issued for a violation pursuant to HBC 1.24.010.

B. Upon the failure, neglect, or refusal of the party so notified to take the required responsive action within 10 days of receipt of the notice, or upon return of the notice if, though properly addressed, it is returned as undeliverable, the abatement official may take such action as the official deems necessary to correct or abate the violation.

C. The cost of such action taken by the abatement official under subsection (B) of this section, including process fees and incidental administrative costs, shall be charged to the responsible party and shall be due and payable within 30 days of the completion of the action, with interest accruing at a rate of 12 percent per year, until paid in full. (Ord. 18-06-498 § 5)

8.08.040 Refuse container standards.

A. To satisfy the requirements of this chapter, a refuse container must be:

1. Strong, watertight, not easily corrodible, and rodent and insect proof;

2. Fitted with a tight cover; and

3. Kept tightly covered at all times, except when necessary to place litter therein or remove litter therefrom.

B. Refuse containers must be emptied and the contents properly disposed of on a regular basis, but no less often than every two weeks.

8.08.050 Compliance – Enforcement.

A person violating a provision of this chapter shall be subject to punishment according to the provisions of Chapter 1.24 HBC. (Ord. 15-06-413 § 15)