TOWN OF WEST BLOCTON, ALABAMA

ORDINANCE NO. 2021-08-01

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REGULATION AND PROHIBITION OF LITTER, GARBAGE AND DISABLED VEHICLES

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WHEREAS, the Town Council of the Town of WEST BLOCTON has determined that it is in the best interest of the health and welfare of the citizens of the Town to regulate littering, the improper disposal of garbage, and the burning of trash and garbage to promote and protect the health and welfare of its citizens.

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WEST BLOCTON, ALABAMA:

Purpose: This Ordinance is enacted to protect, preserve and promote the safety and welfare of the citizens of WEST BLOCTON through the control and prevention of litter and littering.

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Section 1. Definitions.

As used in this article, the following terms shall have the respective meanings ascribed to them:

Citation: A notice specifying a violation of the provisions of this article which directs the violator to appear in the municipal court to answer to the charge or, where appropriate, pay the fine or fines as specified in the minor violations settlement sheet.

Commercial premises: Any lot or any building, or any part thereof, used in connection with or for the carrying on of any business, trade, occupation or profession where a license is required by the Town.

Corrective notice: A written notice informing the recipient of a violation of the provisions of this article, and specifying a period of time in which to correct said violation.

Garbage: Vegetable or animal matter and all refuse matter arising from or produced by, or that attends, the preparation, use, cooking, dealing in or storing of bread, meat, fish, fowl, fruit or vegetable, and, in general, from food for human consumption, all other putrescible matter, including paper, carton, boxes, and cardboard.

Litter: Garbage, refuse, waste, including but not limited to any paper, cartons, cans, metal, glass, plastics, wrappings, boxes or cardboard, whether or not it is of value and, further, whether or not the same is putrescible or non-putrescible. The term shall also include any abandoned, unattended or discarded ice box, refrigerator or other container which has an airtight door or lid, snaplock or other device which might be removed from the inside, washer, dryer or any other appliance. This term shall expressly not include trash, as defined herein above.

Occupant: As applied to any house, building, store, shop, room, lot, or premises; the owner, tenant, or other person who, for the time being, is in possession or is in charge or control thereof, whether for such person's self or for another, or as agent, officer, or employee of a corporation.

Parkway: That unpaved area located in the center of the street.

Plastic bag or plastic container: A plastic bag or holder of sufficient thickness and strength to be lifted and loaded without tearing or leaking and capable of being securely closed or tied shut.

Premises: Any building or real property.

Refuse: All putrescible and nonputrescible solid waste (except bodily waste) including garbage and rubbish.

Trash: All tree and lawn trimmings, leaves, pine straw, trash that has been burned, rocks, bricks, dirt, ashes, lumber, bushes, and demolition-type waste, except this term shall expressly not include any paper, cartons, cardboard, refuse, garbage, litter, rubbish, sludges, liquids, toxic waste or wastes.

Trash can: A watertight receptacle or container of substantial construction made of reinforced or ribbed plastic, and of galvanized iron or rust proof metal, of not less than twenty-eight (28) gauge thickness having a holding capacity not less than ten (10) or more than thirty (30) gallons, and equipped with a tight-fitting lid or cover and one or more handles by which the same can be lifted or moved.

Waste: Any paper, cartons, cans, litter, or other materials which are thrown away or rejected for further use.

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Section 2. Littering streets and premises.

(a) Generally. It shall be unlawful for any person to throw, dump, or discharge or to cause, or to permit, the dumping, depositing or discharging of any gravel, cement, paper, wood, garbage, cans, trash and debris, refuse or litter of any kind upon the public street or other public ways of the Town or its police jurisdiction or upon public or private premises or vacant lot. It shall be a defense to a violation of this section, in cases involving private property, that such littering was done with the express consent of the person having charge or control of said premises. The burden of injecting this issue shall be on defendant, but this does not shift burden of proof.

(b) Littering from a motor vehicle:

(1) It shall be unlawful for any person or persons to dump, deposit or discharge or to cause, or permit the dumping, depositing, or discharging, of any gravel, cement, paper, wood, garbage, cans, trash, debris, refuse, or litter of any kind from a motor vehicle upon the public streets or other public property of the Town, or its police jurisdiction or upon premises or vacant lot.

(2) The dumping, depositing, or discharging of litter of any kind hereinabove prohibited from a motor vehicle on the public streets or other ways of the Town or its police jurisdiction or upon public or private premisses or vacant lot in violation of this section shall raise a prima facie presumption that the driver or operator of said motor vehicle committed, authorized, or permitted the violation herein prohibited, unless said motor vehicle is being utilized for the carriage of passengers for hire.

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Section 3. Removal of litter and accumulation of trash required.

It shall be unlawful for any person owning, residing on or having charge or control of any premises or vacant lot within the Town to allow any litter or accumulation of trash (except for collection purposes on regularly scheduled collection days in a manner authorized) on said premises or vacant lot.

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Section 4. Enforcement procedures.

(a) Litter enforcement officers. The following are hereby designated as litter control officers:

(1) All police officers of the Town;

(2) Any employee of the Town that the Mayor may direct;

(3) No employee shall be designated as a litter control officer if such designation is not consistent with previous personnel rules.

(b) Procedures:

(1) When any employee of the Town designated as a litter control officer, as hereinabove defined, observes any violation of the provisions of this chapter, such employee may go before a Town Magistrate and request a summons or warrant to be issued pursuant to Rule 3.1 of the Alabama Rules of Criminal Procedure.

(2) Town police officers may choose to cite and release the defendant for violation of this chapter. The Uniform Non-Traffic Citation and Complaint (UNTCC) shall serve as the charging instrument. The UNTCC shall be issued in accordance with Rule 20 of the Alabama Rules of Judicial Administration.

(3) In lieu of appearing in court to answer a citation, any person or corporation may after signing a waiver and guilty plea pay a fine or fines in accordance with the minor violation settlement established by the Town Council.

(4) Any litter control officer of the Town may issue a corrective notice of violation to persons, firms, or corporations found to be in violation of any of the Town's littering ordinances. Said notice shall indicate the nature of the violation and specify a definite period of time in which to correct the violation. Failure to comply with such notice within the time specified therein shall constitute a separate offense, punishable as provided for in section 21 of this Ordinance.

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Section 5. Sweeping dirt, litter, etc., onto streets or sidewalks; duty to keep sidewalks clean.
It shall be unlawful for any person to sweep, discharge, or otherwise place any dirt, garbage, litter, or trash of any kind whatsoever out of any building or private premises onto any sidewalk or into any public street or other public way. All sidewalks shall be kept clean from dirt, garbage, litter and trash by the occupants of the property fronting the same.

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Section 6. Deposit of hazardous debris.

It shall be unlawful for any person to throw, deposit or leave in or upon any street or other public way in the Town any tacks, nails, tin cans, old iron, brush, boxes, machinery, automobile parts, truck parts, brick, glass, glassware, glass bottles, glass jars, broken glass, broken glassware, cartons, crates, limbs, grass or debris of any kind or character whatsoever.

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Section 7. Same-Exemption.

Sections 5 and 6 shall not apply to the placing or temporary storing of trash or leaves along the public streets or other public ways for collection by the Town or other authorized person in a manner approved for such storage and collection.

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Section. 8. Littering drainage ditches and easements.

It shall be unlawful for any person to throw, dump, or discharge any wood, garbage, cans, trash, tires, or debris or Litter of any kind in any drainage ditch or drainage easement in the Town.

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Section 9. Household appliance and household furniture prohibited outside any dwelling.

(a) It shall be unlawful for any person residing in or having charge or control of any dwelling within the Town to leave or permit to remain outside of any such dwelling any household appliance or household furniture in such a manner that the same are exposed to the elements.

(b) Household appliance and household furniture are defined as those items routinely used within a household that have no weatherproofing qualities.

(c) Elements is defined as those aspects of inclement weather conditions for which such items are not designed nor intended to function or exist for extended periods of time such as rain, wind and temperature extremes normally associated with outdoor conditions.

(d) Exposed is defined as circumstances under which such items will experience excessive wear and tear due to their location out of doors and/or the deleterious effects of the elements such that water may accumulate and/or which may shelter and/or encourage the harboring of rodents and/or mosquitoes, and/or materials which generate obnoxious odor and/or become an electrical shock or fire hazard. Exposed expressly does not include an operational appliance in working condition located in a partially covered area such as a garage or porch such that it is not susceptible to coming in contact with rain.
Provided, however, that exposed shall not include the interior of any fully enclosed porch (including, without limitation, a porch enclosed by screening material) that cannot be accessed from outside except through a closed door that can be locked, and shall not be considered outside for the purpose of this section.

(e) The following shall constitute specific defenses to any alleged violation of this provision:
(1) That such furniture was placed in an outside location in order that it be offered for sale at a yard or garage sale if each of the following conditions exists:
a. The furniture is located in an outside location only during the hours of 8:00 am and 6:00 p.m.
b. The person attempting to sell the furniture, or that person's agent, is outside during the period of the yard or garage sale in order to monitor the sale.
c. A sign is placed on or near the furniture indicating that it is for sale.
d. This defense shall not apply if upholstered furniture is located in an outside location for more than two days in any six-month period.

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Section 10. Abandoned iceboxes and other containers; removal of doors and locks required.

It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure or on any premises under such person's control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snaplock or other locking device.
State law reference: Similar provisions, Code of Ala. 1975, 13A-11-220.

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Section 11. Dismantled, wrecked, discarded vehicles on premises.

(a) It shall be unlawful for any person in charge or control of any real property within the Town, whether tenant, owner, occupant, lessee or otherwise, to allow any vehicle which is partially dismantled, nonoperative, wrecked, junked, or discarded to be on said premises. A vehicle will be considered nonoperative for the purposes of this section if it cannot be safely operated or if it is incapable of being moved under its own power of if it may not be legally operated due to lack of any legal requirement including a current license tag.

(b) In lieu of the above procedure, the Town may utilize the provisions of the state abandoned vehicle law.

(c) This section shall not apply to any vehicle in a permanently enclosed building or shelter, or to any vehicle on the premises of a licensed business, nor shall this section apply to any storage place or depository lawfully maintained by duly constituted law enforcement officers in the Town. Any vehicle storage facility shall meet the requirements of state and federal law and shall have a six foot (6') high chain link fence surrounding said facility and said facility shall be secure.
State law references: Taking up and storing of abandoned or stolen personal property, Code of Ala. 1975, 11-47-116; abandoned motor vehicles, 32-13-1 et seq.

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Section 12. Placement of trash, rubbish, etc., at stores, shops, etc.–alleys to be kept free of trash, rubbish, etc.

It shall be unlawful for the occupant of any store, shop, restaurant or building or for any other person to place any trash, litter or other waste material on the premises outside of such building except it be in a suitable receptacle or plastic bag or container at a readily convenient place easily accessible to the trash collector. It shall be the duty of the occupant of any such store, shop, room, house or building to keep the alley adjacent thereto and the lot on which the same is located clean and free from all trash, litter, and waste material except that which is placed in proper receptacles on the premises. It shall be the duty of the occupant of any such store, shop, room, house, or building to store all such garbage, waste, and trash so that it cannot become scattered by wind, dogs or otherwise.

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Section 13. Same–Debris not to be left on public street.

(a) It shall be unlawful for any person engaging in the business of cutting, trimming or pruning trees in the Town for hire, to leave the cutting or trimmings therefrom on any part of the public streets or other public ways.
(b) It shall be unlawful for any person engaging in the business of landscaping for hire in the Town, to leave excess dirt, gravel, roots, debris, or other Litter resulting from such landscaping, on any part of the public streets or other public ways.
(c) For the purpose of this section, "public street" and "public way" shall include all of the area of a street or other public way right-of-way from property line to property line.

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Section 14. Debris from construction, demolition, alterations or repair–Required.

(a) Every person engaging in the business of, or being hired for the purpose of, constructing, demolishing, remodeling, repairing, roofing, or altering any building or other structure within the corporate limits of the Town or within the police jurisdiction shall, upon completion of the job or construction project, remove any debris, concrete, lumber, roofing material, or any other waste material resulting from such activity, to the lawful disposal area; and,
(b) Shall provide on-site receptacles for litter as defined hereinabove, and ensure that litter is properly placed in such containers, to prevent scattering of such litter by wind or rain if such litter is not otherwise properly disposed of on a daily basis.
(c) It shall be unlawful for any person to deposit such waste material, or litter on the public streets or public areas of the Town and leave the same for pick-up and removal by the Town.

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Section 15. Garbage, trash, etc., from businesses not to be placed in Town receptacles.

It shall be unlawful for any person operating any place of business within the Town or for any employee, servant, or agent of any such person to place or deposit garbage, trash, paper, rubbish, litter or other waste material on or in any trash basket or waste receptacle maintained by the Town upon a public street or sidewalk when such garbage, trash, paper, rubbish, litter or other waste material accumulated in or came from such place of business, unless approved in advance by the Town officials.

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Section 16. Cleanliness and orderliness at container site.

It shall be unlawful for any person in charge of or control of any premises to allow or permit a garbage or trash container to be open or uncovered, and it shall be unlawful for any such person to permit or allow an accumulation of garbage, trash, or litter in the vicinity of any garbage or trash container serving such premises.

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Section 17. Advertisement, notices, etc., posting on streets, sidewalks, trees, fences, etc.

(a) Advertisement on streets, prohibited. It shall be unlawful for any person whether or not a licensed bill poster, to paste, post, paint, deposit, print or in any way fasten or cause or allow the pasting, posting, painting, depositing, printing or in any way fastening of any handbill, sign, notice or advertisement of any kind or character, on any curb, sidewalk, street or right-of-way, or any part thereof, or upon any tree, post, pole, hydrant, bridge or any structure within the limits of any street in the Town, except for event notices which must be removed within three (3) days following event.
(b) Advertisement on private structures, prohibited. It shall be unlawful for any person to paste, post, paint, deposit, print or in any way fasten or cause or allow the pasting, posting, painting, depositing, printing or in any way fastening of any handbill, sign, notice or advertisement of any kind or character upon any private wall, window, door, gate, fence, advertising board, automobile, or upon any other private structure, building or premises unless such person is the owner or otherwise legally in possession thereof, without the consent of the owner or the owner's authorized agent in writing.
(c) Exception, legal notices. Nothing herein contained shall be construed to apply to the posting of legal notices required or authorized by law, regulation or ordinance, in a manner and/or place therein prescribed.

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Section 18.

It shall be unlawful for any person, business owner, or other organization to place garbage or litter or trash in a trash receptacle, waste container or dumpster leased to or owned by another person or firm without specific permission. It shall be prima facia evidence if printed materials or paper with the name of the offender is in the receptacle.

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Section 19. Burning Prohibited.
The burning of garbage with litter is hereby prohibited

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Section 20 Penalties.
Each and every violation of this ordinance shall be punished by a fine of not less than $50.00 and not more than $500.00 for each offense plus incarceration in the Bibb County Jail or other municipal jail facility for not more than 10 days. Each day said condition exists is a separate violation.

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