CHAPTER 91:
LITTER CONTROL
Section
91.01 Short title
91.02 Purpose
91.03 Definitions
91.04 Littering prohibited
91.05 Litter receptacles
91.06 Sweeping litter into gutters
91.07 Handbills
91.08 Throwing litter from vehicles
91.09 Vehicles carrying loads
91.10 Authority of city to inspect property, correct violations
91.11 Authority so issue citations or make arrests
91.99 Penalty
§ 91.01 SHORT TITLE.
This chapter shall be known and may be commonly referred to as the Litter Control Chapter.
§ 91.02 PURPOSE.
The purpose of this chapter is to accomplish litter control in the city. This chapter is intended to place upon all persons within the city the duty of contributing to the public cleanliness of the city and appearance in order to promote the public health, safety, and welfare and to protect the economic interests of the people of the city against unsanitary and unsightly conditions. It is further the intent of this chapter to protect the people against the health and safety menace and the expense incident to littering.
§ 91.03 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"CITY." The City of New Castle, Kentucky.
"DUMPOUTS." Any material emptied from a vehicle or building upon streets, roadsides, or public places other than that emptied in appropriate litter receptacles.
"HANDBILL." Printed or written material excluding newspapers; which advertises for sale any business or other activity, or event of any kind.
"JUNK VEHICLE." Any inoperable vehicle.
"LITTER." All solid wastes including but not limited to containers, packages, wrappings, printed matter, or other material thrown or deposited as herein prohibited, but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing.
"LITTER BAG." A bag, sack, or other container, made of any material which is large enough to serve as a receptacle for litter inside the vehicle or watercraft of any person.
"LITTER RECEPTACLE." Those containers meeting the requirements of the Department for Natural Resources and Environmental Protection.
"NEWSPAPER." Any newspaper of general circulation as defined by general law.
"PARK." A playground, recreation center, or any other area in the city devoted to active or passive outdoor recreation.
"PERSON." Any individual, industry, public or private corporation, co-partnership, association, firm, or other entity, whatsoever.
“PRIVATE PROPERTY.” Any property not publicly owned or held out for use by the public.
"PUBLIC PLACE." Any area that is used or held out for use by the public whether owned or operated by the public or private interests.
"SOLID WASTE." All putrescible and nonputrescible solid and semisolid wastes including garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities.
"STREET." Any highway, road, alley, collector, local, arterial, or freeway within the political subdivision.
"SWEEPOUTS." Any collection of debris, resulting from clean-up operations, that is deposited in or around a public place.
"VEHICLE." Every device capable of being moved upon a public street and in, upon, or by which any person or property is or may be transported or drawn upon a public street, excepting devices move by human or animal power or used exclusively upon stationary rail or tracks.
"WATERCRAFT." Any boat, ship, vessel, barge, or other floating craft.
§ 91.04 LITTERING PROHIBITED.
No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public place in the city, or upon any private property not owned by him, or in any waters within the jurisdiction of the city whether from a vehicle or otherwise except:
(A) When that property is designated by the state or by any of its agencies or the city for disposal of garbage and refuse and that person is authorized by the proper public authority to so use that property;
(B) Into a litter receptacle or other container in a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of any public place or any private property; or
(C) When a person is the owner or does have control or custody of the property, or has prior consent of the owner or tenant in lawful possession of the property, or unless the act is done under the personal direction of the owner or tenant and provided the litter will not cause a public nuisance or be in violation of any other state or local laws, rules, or regulations.
(D) Any person violating the provisions of this section shall be guilt of a misdemeanor and in addition to or in lieu of any other penalty, that person may in the sound discretion of the court, or any private property, with permission of the owner, or the person in possession of the property, upon which it is established that the person has deposited litter and all litter deposited thereof by anyone prior to the date of the execution of sentence.
§ 91.05 LITTER RECEPTACLES.
(A) Placement.
(1) Litter receptacles shall be placed in all parks, trailer parks in respect to
the service of transient habitation, gasoline service stations, tavern
parking lots, shopping centers, grocery store parking lots, marinas,
boat launching areas, beaches, bathing areas, and other public places in
numbers appropriate to need.
(2) It shall be the responsibility of any person owning or operating any
establishment or public place in which litter receptacles are required
by this section to procure and place and maintain the litter receptacles
at their own expense on the premises.
(B) Use of receptacles. Litter receptacles placed on sidewalks and other public places shall be used only for that litter material as persons may have for disposal while passing along the street or other public places and in no event shall be used for the disposal of other solid waste accumulated in residences or places of business.
(C) Damaging receptacles. It shall be unlawful for any person to willfully damage or deface any litter receptacle.
(D) Removal of litter. It shall be the responsibility of the local municipality, county, or other agency or person owning or maintaining the same for the removal of litter from litter receptacles placed in parks, campgrounds, and other public places. Penalty, see 91.99
§ 91.06 SWEEPING LITTER INTO GUTTERS.
No person shall sweep into or deposit any handbill upon any public place the accumulation of litter from any building, lot, or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks in front of their premises free of litter.
Penalty, see 91.99
§ 91.07 HANDBILLS.
(A) No person shall throw or deposit any handbill upon any public place within the city. However, it shall not be unlawful for any person to hand out, without charge to the receiver thereof, any handbill to any occupant of a vehicle, or to any other person who is willing to accept it.
(B) No person shall throw or deposit any handbill in or upon any uninhabited or vacant private property.
(C) Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution of mail by the U.S. nor to newspapers, as defined herein, except that newspapers shall be placed on private residences or other private property in such a manner as to prevent their being carried or deposited by the elements upon any public place or upon private property. Penalty, see 91.99
§ 91.08 THROWING LITTER FROM VEHICLES.
No person, while a driver or passenger in a vehicle, shall throw or otherwise deposit litter upon any public place or upon any private property.
Penalty, see 91.99
§ 91.09 VEHICLES CARRYING LOADS.
(A) No vehicle shall be driven or moved on any public street unless that vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking, or otherwise escaping therefrom, except that sand or gravel may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway surface in the cleaning or maintaining of the roadway by public authority having jurisdiction for the same or by persons under contract or other authorization by that public authority.
(B) Any person owning or operating a vehicle from which any glass, trash, or other objects of its load have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon a public street shall immediately cause that public street to be cleaned of all glass or other objects and shall pay any cost therefore. All trash haulers must have their vehicles adequately covered to prevent loose materials from falling or escaping.
Penalty, see 91.99
§ 91.10 AUTHORITY OF CITY TO INSPECT PROPERTY, CORRECT VIOLATIONS.
(A) The Chief of the Police Department or any other member of the Police Department designated by him is authorized to inspect all property and whenever the Chief or the designated member of the Police Department shall find any conditions set out above in this chapter existing, he shall order them to be removed or remedied and the order shall promptly be complied with by the owner of the property.
(B) If the Police Chief or any member of the Police Department, after diligent search, is unable to locate or determine the owner of any property upon which any of the above mentioned conditions exist, the Chief shall cause the order to be published in a local newspaper for two consecutive weeks.
(C) Upon failure of the owner to comply with the order or if the owner cannot be determined or located after diligent search and notice herein provided for, the Police Chief or designated member of the Police Department may have any of the conditions set out above removed at the owner's expense. This expense may be enforced against the property and the officer or anyone employed by him to do the work shall have a lien on the real estate whereon the conditions exist, which may be filed in the County Clerk’s office.
§ 91.11 AUTHORITY TO ISSUE CITATIONS OR MAKE ARRESTS.
Enforcement of this chapter may be by any police officer. All enforcement officers are empowered to issue citations to or arrest without warrant, persons violating the provisions of this subchapter. The enforcement officers may serve and execute all warrants, citations, and other processes issued by the courts. In addition, mailing by registered mail of the warrant, citation, or other process to the last known place of residence of the offender shall be deemed as personal service upon the person charged.
§ 91.99 PENALTY.
(A) Any person who violates any provision of this chapter for which another penalty is not specified shall be fined not more than $100 for each offense.
(B) Any person who violates 91.08 shall be fined not less than $20 nor more than $100 for each offense.
91.01 Short title
91.02 Purpose
91.03 Definitions
91.04 Littering prohibited
91.05 Litter receptacles
91.06 Sweeping litter into gutters
91.07 Handbills
91.08 Throwing litter from vehicles
91.09 Vehicles carrying loads
91.10 Authority of city to inspect property, correct violations
91.11 Authority so issue citations or make arrests
91.99 Penalty
§ 91.01 SHORT TITLE.
This chapter shall be known and may be commonly referred to as the Litter Control Chapter.
§ 91.02 PURPOSE.
The purpose of this chapter is to accomplish litter control in the city. This chapter is intended to place upon all persons within the city the duty of contributing to the public cleanliness of the city and appearance in order to promote the public health, safety, and welfare and to protect the economic interests of the people of the city against unsanitary and unsightly conditions. It is further the intent of this chapter to protect the people against the health and safety menace and the expense incident to littering.
§ 91.03 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"CITY." The City of New Castle, Kentucky.
"DUMPOUTS." Any material emptied from a vehicle or building upon streets, roadsides, or public places other than that emptied in appropriate litter receptacles.
"HANDBILL." Printed or written material excluding newspapers; which advertises for sale any business or other activity, or event of any kind.
"JUNK VEHICLE." Any inoperable vehicle.
"LITTER." All solid wastes including but not limited to containers, packages, wrappings, printed matter, or other material thrown or deposited as herein prohibited, but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing.
"LITTER BAG." A bag, sack, or other container, made of any material which is large enough to serve as a receptacle for litter inside the vehicle or watercraft of any person.
"LITTER RECEPTACLE." Those containers meeting the requirements of the Department for Natural Resources and Environmental Protection.
"NEWSPAPER." Any newspaper of general circulation as defined by general law.
"PARK." A playground, recreation center, or any other area in the city devoted to active or passive outdoor recreation.
"PERSON." Any individual, industry, public or private corporation, co-partnership, association, firm, or other entity, whatsoever.
“PRIVATE PROPERTY.” Any property not publicly owned or held out for use by the public.
"PUBLIC PLACE." Any area that is used or held out for use by the public whether owned or operated by the public or private interests.
"SOLID WASTE." All putrescible and nonputrescible solid and semisolid wastes including garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities.
"STREET." Any highway, road, alley, collector, local, arterial, or freeway within the political subdivision.
"SWEEPOUTS." Any collection of debris, resulting from clean-up operations, that is deposited in or around a public place.
"VEHICLE." Every device capable of being moved upon a public street and in, upon, or by which any person or property is or may be transported or drawn upon a public street, excepting devices move by human or animal power or used exclusively upon stationary rail or tracks.
"WATERCRAFT." Any boat, ship, vessel, barge, or other floating craft.
§ 91.04 LITTERING PROHIBITED.
No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public place in the city, or upon any private property not owned by him, or in any waters within the jurisdiction of the city whether from a vehicle or otherwise except:
(A) When that property is designated by the state or by any of its agencies or the city for disposal of garbage and refuse and that person is authorized by the proper public authority to so use that property;
(B) Into a litter receptacle or other container in a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of any public place or any private property; or
(C) When a person is the owner or does have control or custody of the property, or has prior consent of the owner or tenant in lawful possession of the property, or unless the act is done under the personal direction of the owner or tenant and provided the litter will not cause a public nuisance or be in violation of any other state or local laws, rules, or regulations.
(D) Any person violating the provisions of this section shall be guilt of a misdemeanor and in addition to or in lieu of any other penalty, that person may in the sound discretion of the court, or any private property, with permission of the owner, or the person in possession of the property, upon which it is established that the person has deposited litter and all litter deposited thereof by anyone prior to the date of the execution of sentence.
§ 91.05 LITTER RECEPTACLES.
(A) Placement.
(1) Litter receptacles shall be placed in all parks, trailer parks in respect to
the service of transient habitation, gasoline service stations, tavern
parking lots, shopping centers, grocery store parking lots, marinas,
boat launching areas, beaches, bathing areas, and other public places in
numbers appropriate to need.
(2) It shall be the responsibility of any person owning or operating any
establishment or public place in which litter receptacles are required
by this section to procure and place and maintain the litter receptacles
at their own expense on the premises.
(B) Use of receptacles. Litter receptacles placed on sidewalks and other public places shall be used only for that litter material as persons may have for disposal while passing along the street or other public places and in no event shall be used for the disposal of other solid waste accumulated in residences or places of business.
(C) Damaging receptacles. It shall be unlawful for any person to willfully damage or deface any litter receptacle.
(D) Removal of litter. It shall be the responsibility of the local municipality, county, or other agency or person owning or maintaining the same for the removal of litter from litter receptacles placed in parks, campgrounds, and other public places. Penalty, see 91.99
§ 91.06 SWEEPING LITTER INTO GUTTERS.
No person shall sweep into or deposit any handbill upon any public place the accumulation of litter from any building, lot, or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks in front of their premises free of litter.
Penalty, see 91.99
§ 91.07 HANDBILLS.
(A) No person shall throw or deposit any handbill upon any public place within the city. However, it shall not be unlawful for any person to hand out, without charge to the receiver thereof, any handbill to any occupant of a vehicle, or to any other person who is willing to accept it.
(B) No person shall throw or deposit any handbill in or upon any uninhabited or vacant private property.
(C) Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution of mail by the U.S. nor to newspapers, as defined herein, except that newspapers shall be placed on private residences or other private property in such a manner as to prevent their being carried or deposited by the elements upon any public place or upon private property. Penalty, see 91.99
§ 91.08 THROWING LITTER FROM VEHICLES.
No person, while a driver or passenger in a vehicle, shall throw or otherwise deposit litter upon any public place or upon any private property.
Penalty, see 91.99
§ 91.09 VEHICLES CARRYING LOADS.
(A) No vehicle shall be driven or moved on any public street unless that vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking, or otherwise escaping therefrom, except that sand or gravel may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway surface in the cleaning or maintaining of the roadway by public authority having jurisdiction for the same or by persons under contract or other authorization by that public authority.
(B) Any person owning or operating a vehicle from which any glass, trash, or other objects of its load have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon a public street shall immediately cause that public street to be cleaned of all glass or other objects and shall pay any cost therefore. All trash haulers must have their vehicles adequately covered to prevent loose materials from falling or escaping.
Penalty, see 91.99
§ 91.10 AUTHORITY OF CITY TO INSPECT PROPERTY, CORRECT VIOLATIONS.
(A) The Chief of the Police Department or any other member of the Police Department designated by him is authorized to inspect all property and whenever the Chief or the designated member of the Police Department shall find any conditions set out above in this chapter existing, he shall order them to be removed or remedied and the order shall promptly be complied with by the owner of the property.
(B) If the Police Chief or any member of the Police Department, after diligent search, is unable to locate or determine the owner of any property upon which any of the above mentioned conditions exist, the Chief shall cause the order to be published in a local newspaper for two consecutive weeks.
(C) Upon failure of the owner to comply with the order or if the owner cannot be determined or located after diligent search and notice herein provided for, the Police Chief or designated member of the Police Department may have any of the conditions set out above removed at the owner's expense. This expense may be enforced against the property and the officer or anyone employed by him to do the work shall have a lien on the real estate whereon the conditions exist, which may be filed in the County Clerk’s office.
§ 91.11 AUTHORITY TO ISSUE CITATIONS OR MAKE ARRESTS.
Enforcement of this chapter may be by any police officer. All enforcement officers are empowered to issue citations to or arrest without warrant, persons violating the provisions of this subchapter. The enforcement officers may serve and execute all warrants, citations, and other processes issued by the courts. In addition, mailing by registered mail of the warrant, citation, or other process to the last known place of residence of the offender shall be deemed as personal service upon the person charged.
§ 91.99 PENALTY.
(A) Any person who violates any provision of this chapter for which another penalty is not specified shall be fined not more than $100 for each offense.
(B) Any person who violates 91.08 shall be fined not less than $20 nor more than $100 for each offense.
