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Neighborhood Issues in Huntington and Cabell County
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Tuesday, April 22, 2008

City Ordinance Has Stiff Penalty for Littering and Mishandling Household Garbage

Several citizens have contacted me to ask about city ordinances related to household garbage and litter. Since the City of Huntington charges citizens for copies of ordinances, I am publishing the relative ones. Notice the fine and/or jail time in the penalty section at the end.

GARBAGE AND RUBBISH

COLLECTION BY CITY; GENERAL PROVISIONS

951.01 DEFINITIONS.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
a) "Ashes" means the residue from the burning of wood, coal, coke or other 'combustible material.
b) "Dwelling unit" means any closed-in area used as the principal place of residence for one family or one individual in which water or sewer service is provided and food may be prepared or eaten.
c) "Approved container" means a metal or plastic container, which is portable, watertight, equipped with handles and tight-fitting lid, and has a capacity of not less than ten gallons nor more than thirty-two gallons, which when full, shall not have a total combined weight of contents and container of more than seventy-five pounds.
d) "City" means employees of the City Public Works Department or the authorized representative of the City.
e) "Garbage" means all matter, solid, liquid or mixed, which attends, is created or accumulates within the City from the preparation, cleaning, cooking, use, storage or sale of any matter designed or intended as foodstuff for human consumption. Such term shall also include tin cans, bottles and other containers from which food or foodstuffs have been removed.
f) "Occupant" means any person residing in, renting, leasing, occupying, operating or transacting business in any premises.
g) "Premises" means every residence, household, apartment, trailer court, motel, hospital, nursing home, hotel, restaurant, cafe, market, wholesale or retail store, establishment or place of business in the City in which garbage or trash accumulates.
h) "Refuse" means garbage and rubbish collectively.
i) "Residential premises" means single-family dwellings, duplexes, apartments and trailers.
j) "Rubbish" means all normal wastes resulting from the use or occupancy of any premises such as ashes, brush, grass, leaves or other similar substances, but does not include any building material, industrial waste, containers described in the definition of garbage, waste of a dangerous or explosive nature, or human or animal excreta.
k) "Litter" means the disorderly accumulation of objects, especially discarded waste material or scraps.
(Ord. 7-22-85)

951.02 KEEPING OF GARBAGE AND RUBBISH ON PREMISES PRIOR TO REMOVAL.
Tree, bush and bush trimmings intended for removal shall be tied in bundles not exceeding forty-eight inches by eighteen inches in size, shall not exceed seventy-five pounds in weight and need not be placed in containers. All other garbage and rubbish shall be placed in approved containers.
Every occupant of premises from which garbage and rubbish are to be removed shall deposit all garbage and rubbish in such containers as shall prevent the same from being scattered or blown upon any other premises or public ways in the City to cause litter. The City shall pick up uncontained garbage and rubbish monthly. (Ord. 10-23-95)

951.99 SERVICE FEE; POWERS OF DIRECTOR OF FINANCE; PENALTIES FOR NONPAYMENT, EFFECTIVE DATE.

a) A penalty of ten percent (10%) of the state fee shall be added for failure to pay the installments due on the specified dates. Additionally, or in the alternative, any person, firm, corporation, governmental entity or other entity violating any provision of this article for which no other penalty is provided shall be fined not more than five hundred dollars ($500 00) or imprisoned not more than thirty (30) days, or both.
b) If any person shall violate or cause to be violated any provision of Article 951 they shall be subject to a fine of not more than five hundred dollars ($500.00) and/or up to thirty (30) days in jail.