Chapter 8.20
LITTER CONTROL

Sections:

8.20.010    Purpose.

8.20.020    Definitions.

8.20.030    Enforcement.

8.20.040    Penalties.

8.20.050    Prohibited acts and regulated activities.

8.20.060    Recovery by town of expenses of litter removal.

8.20.070    Alleys.

8.20.080    Collection of rubbish.

8.20.090    Ashes and cinders removal.

8.20.010 Purpose.

A chapter to establish requirements to control littering in the town, to prescribe penalties for the failure to comply, and to provide for recovery by the town of the expenses of litter removal. [Ord. 2009-14 § 1. Prior code Title 3, Art. 9, Ch. 1, § 1]

8.20.020 Definitions.

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

“Construction site” shall mean and include any private or public property upon which repairs to an existing building, construction of a new building, or demolition of an existing structure is taking place.

“County” shall mean and include Boone County, Indiana.

“Elements” shall mean and include any element or mechanism, animate or inanimate, which is a reasonably foreseeable means of carrying litter from one place to another. Elements shall include, but [are] not limited to, wind, rain, water current, and animals.

“Litter” shall mean and include any uncontainerized manmade or man-used waste which, if deposited within the town in any manner or location other than in a litter receptacle, tends to create a public nuisance or a danger to public health, safety and welfare, or to impair the environment of the people of the town. Litter may include, but is not limited to, any garbage, trash, refuse, confetti, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazine, glass, metal, plastic or paper container or other construction material, motor vehicle part, furniture, oil, carcass of a dead animal, or noxious or offensive matter of any kind, or any object likely to injure any person or create a nuisance condition or a traffic hazard.

“Loading or unloading dock” shall mean and include any dock space or area used by any moving vehicle for the purpose of receiving, shipping and transporting goods, wares, commodities and persons.

“Newspaper” shall mean and include any newspaper of general circulation, as defined by general law, any newspaper duly entered with the United States Postal Service in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer, as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold or distributed to the public.

“Person” shall mean and include any natural person, firm, partnership, association, corporation, company, not-for-profit organization, or any governmental entity.

“Private premises” shall mean and include any dwelling house, building or other structure designed to be used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, mailbox, or other structure belonging or appurtenant to such dwelling house, building or other structure.

“Public way or place” shall mean and include any and all streets, boulevards, avenues, lanes, alleys or other public ways, and parks, squares, plazas, grounds and buildings frequented by the general public, whether publicly or privately owned.

“Town” shall mean the town of Whitestown, Indiana. [Ord. 2009-14 § 1. Prior code Title 3, Art. 9, Ch. 1, § 2]

8.20.030 Enforcement.

This chapter shall be enforced by the authorized designee(s) of the town council or by the town’s police department. [Ord. 2009-14 § 1. Prior code Title 3, Art. 9, Ch. 1, § 3]

8.20.040 Penalties.

A. Except as otherwise provided herein, any person convicted of a violation of any section of this chapter shall upon conviction be punished by a fine of not more than $2,500.00. Each day any such violation is committed or permitted to continue may constitute a separate offense and shall be punishable as such hereunder.

B. In addition to the foregoing penalties, the town, by an action in the town court, may seek injunctive relief to enjoin or to abate any violation of this chapter. [Ord. 2009-14 § 1. Prior code Title 3, Art. 9, Ch. 1, § 4]

8.20.050 Prohibited acts and regulated activities.

A. Littering the premises of another:

1. It shall be unlawful for any person to cast, place or deposit any litter upon real property owned by another, without the consent of the owner of lessee of such real property.

2. Whenever any person shall be charged with a violation of this section, it shall be a sufficient allegation of an ordinance violation to state that such person deposited litter upon property of which he was not then the owner or lessee. It shall be an affirmative defense to such an alleged violation for the person to show that he had permission of the owner or lessee to so deposit such litter.

B. Litter from transport or travel on public ways:

1. Any person who transports in any vehicle or in any other means of conveyance upon any public way or place any loose material or articles likely to sift, fall, spill or be blown upon the public way or place: (a) shall not overload such vehicle or means of conveyance; and (b) shall cover the contents or convey the contents in tightly secured and covered boxes or containers.

2. It shall be unlawful to cause or allow any such loose materials or articles to be blown, be spilled, fall or become scattered from a vehicle or other means of conveyance upon a public way or place or upon a property adjoining a public way or place.

3. In case any such material or articles shall be blown, be spilled, fall or become scattered from a vehicle or other means of transport in any public way or place, the person transporting such material or articles shall cause all fallen substances to be immediately gathered up and removed.

C. Maintenance of property:

1. Every owner, lessee, or occupant of a residential, business or commercial building shall maintain litter collection and storage areas in a clean condition and ensure that all litter is containerized. Failure to so maintain clean litter collection and storage areas shall constitute a violation of this section.

2. All litter that is subject to movement by the elements shall be secured by the owner, lessee, or occupant of a residential, business or commercial building where it is found before the same is removed or carried by the elements to adjoining premises.

3. It shall be the duty of any person owning, leasing or occupying a house or other building or premises, included vacant lots visible from any public place or private premises, to maintain such house, building or premises in a reasonable clean and orderly manner. It shall be unlawful to abandon, neglect or disregard the condition or appearance of any premises so as to permit the accumulation of litter thereon or the dispersion of litter therefrom.

4. The owner or person in control of any public place, including, but not limited to, restaurants, shopping centers, fast-food outlets, stores, hotels, motels, industrial establishments, office buildings, apartment buildings, housing projects, gas stations and hospitals and clinics, shall at all times keep the premises clean of all litter and shall take measures, including daily cleanup of the premises, to prevent litter from being carried by the elements to adjoining premises. It shall be unlawful to abandon, neglect, or disregard the condition or appearance of such premises so as to permit the accumulation of litter thereon or the dispersion of litter therefrom.

5. The owner or operator of any public establishment which provides off-street customer parking and dispenses food or beverages intended for human consumption outside the establishment or off its premises shall maintain litter receptacles in the off-street parking area as follows: a minimum of one receptacle shall be provided for nine or fewer parking spaces and one additional receptacle for each additional nine parking spaces.

6. The person owning, operating or in control of a loading or unloading dock shall at all times maintain the dock area free from litter in such a manner that litter will be prevented from being carried by the elements to adjoining premises.

7. The property owners and the prime contractors in charge of any construction site shall maintain the construction site in such a manner that litter will be prevented from being carried by the elements to adjoining premises. All litter from construction activities or any related activities shall be picked up at the end of each workday and placed in containers which will prevent litter from being carried by the elements to adjoining premises.

8. Persons owning, occupying or in control of any premises shall keep the sidewalks and alleys adjacent thereto free of litter. In residential areas, owners or occupants shall sweep or rinse off the sidewalks abutting their premises as often as may be required to keep the walk reasonably free from dirt, paper, and waste.

9. It shall be unlawful for any person who is in control of any premises upon which is located or on whose behalf there is maintained any container of refuse, waste or garbage to allow that refuse, waste or garbage to remain uncollected or to allow that container to remain unemptied (a) more than 15 days or (b) until the refuse, water or garbage creates any condition which is offensive to persons upon any private premises or public place.

10. It shall be unlawful for any person who has contracted to collect and remove refuse, waste or garbage from any residential, business or commercial building to allow that refuse, waste or garbage to remain uncollected or to allow a refuse container to remain unemptied (a) more than 15 days or (b) until that refuse, waste or garbage creates any condition which is offensive to persons upon any private premises or public place. A violation of this subsection may be abated by the town in accordance with this chapter; provided also, however, that the container in question may be impounded and a lien may be executed against any property held in connection with the business of collecting refuse, waste or garbage by the person alleged to be in violation of this subsection. [Ord. 2009-14 § 1. Prior code Title 3, Art. 9, Ch. 1, § 5]

8.20.060 Recovery by town of expenses of litter removal.

A. The town is damaged by the depositing of litter within its territory. The town may bring a civil action against any person believed to be responsible, for causing or allowing litter in violation of WMC 8.20.010 through 8.20.060, to recover the cost of removal of such litter as well as to assess and collect any penalty provided under WMC 8.20.010 through 8.20.060. The town may, prior to the institution of such action, make an offer of settlement to any person believed to be responsible for a violation of WMC 8.20.010 through 8.20.060. If the settlement offer is accepted, no action will be initiated by the town.

B. The town’s police department and their authorized agents shall be responsible for determining the identity of persons believed to be responsible for depositing litter within the town in violation of this chapter, and, except as provided in subsection D of this section, are hereby empowered, as agents of the town, to make to any person believed to be responsible for depositing litter within the town in violation of this chapter, an offer of settlement consistent with the provisions of this section.

C. The standard amounts for the settlement offer authorized to be made under this section shall be as follows:

1. Fifty dollars for the first alleged violation of this chapter cited against a person;

2. One hundred dollars for a second alleged violated cited against a person within a 12-month period;

3. Two hundred fifty dollars for a third or more frequent alleged violation cited against a person within a 12-month period.

D. This section shall not be construed to require that a settlement offer be made to a person believed to be responsible for depositing litter in violation of WMC 8.20.010 through 8.20.060. An enforcing officer shall refrain from making a settlement offer under circumstances in which such an offer is determined by the town council to not be in the best interest of the town; which circumstances shall include but not be limited to an alleged violation of WMC 8.20.010 through 8.20.060 for which the cost to the town for removal of the litter having been deposited within the town by the person believed to be responsible therefore is reasonably estimated by the enforcing officer to be a minimum of $250.00. [Ord. 2009-14 § 1. Prior code Title 3, Art. 9, Ch. 1, § 6]

8.20.070 Alleys.

It shall be unlawful for any person, firm or corporation to place or deposit any article, including tin cans, old iron, lumber, ashes or cinders, garbage, dead animals, or any other article in the traveled portion of any public alley in the town of Whitestown, Indiana. [Ord. 1984-05 § 10. Prior code Title 6, Art. 1, Ch. 2, § 1]

8.20.080 Collection of rubbish.

It shall also be unlawful for any person, firm or corporation to leave or cause or permit to be left for a period exceeding 30 days any pile of old lumber, or any collection of garbage, or any tin cans, rolls of wire, or wire fencing, or old iron, junk, refuse, tires, leaves or brush on any privately owned real estate within the corporate limits of said town, the doing of which is hereby declared to constitute a nuisance; and in the event such person, firm or corporation shall fail or refuse to remove or abate such nuisance after such period of time and after having been notified so to do by the [chief of police], the same may be removed by the town and the expense thereof shall be certified by the town clerk-treasurer to the auditor of Boone County, Indiana, and such expense shall be placed upon the tax duplicate against the property of such owner where such nuisance exists and the same shall be collected as taxes are collected. Such notice to the owner to abate and remove such nuisance shall be given by the [chief of police] after the expiration of such 30-day period or in case of garbage or dead animals, after three days, and the owner shall have three days after receiving such notice to abate or remove such nuisance. The notice by the [chief of police] shall be given in writing, directing the owner or occupant of the property to abate or remove such nuisance and shall clearly designate to such owner or occupant the articles to be removed. Proof of the giving of such notice shall be made by the certificate of the [chief of police] on a true copy thereof to be filed with the town clerk-treasurer. [Ord. 2008-11 § 5; Ord. 1984-05 § 10. Prior code Title 6, Art. 1, Ch. 2, § 2]

8.20.090 Ashes and cinders removal.

All piles of ashes and cinders shall be removed from premises not later than May 15th of each year. [Ord. 1984-05 § 10. Prior code Title 6, Art. 1, Ch. 2, § 3]