It's the Law! City Needs Zero Tolerance Policy for Littering and Dumping!
Notice this section even covers dumping on your own property.
For the purpose of carrying out the duties and responsibilities imposed upon them by the terms of this article, the Chief Executive Officer, the Director of the Cabell-Huntington Health Department and their designated representatives shall be authorized to enter upon and inspect any premises at reasonable hours.
(Ord. 7-22-85)
951.10 THROWING OR SCATTERING GARBAGE OR RUBBISH.
No person shall throw, place or scatter any garbage, rubbish or other refuse over or upon any premises, street or alley, either public or private, or adjacent thereto, either with or without the intent to later remove such garbage, rubbish or other refuse, or to suffer or permit any premises owned, occupied or controlled by such person to become or remain offensive, littered, unsanitary, unsightly, unsafe or hazardous to public health from the accumulation of garbage or rubbish.
(Ord. 7-22-85)
951.15 UNLAWFUL ACTS.
No person within the City:
(a) Shall keep or maintain on any premises any garbage or rubbish intended for removal or collection therefrom in any manner other than that prescribed by this article.
(b) Except when contained in one or more vessels meeting the requirements of this article and left for the purpose of collection at a place designated by rule, regulation or order of the Mayor, shall throw, dump, drain or leave any garbage, paper, cans, bottles, rubbish or litter of any kind or nature whatsoever in, on or about any public or private street, alley, court, lane, way, thoroughfare, lot, lands, dump, premises or vehicle, whether such points, places or objects enumerated in this subsection are under the ownership or control of such person or another.
(c) Shall empty, place or dump any garbage which is not mechanically or thoroughly ground into any public or private sewer or stream of any connection therewith.
(d) Except for the City or for private collectors that are certified by the State Public Service Commission, shall engage in or conduct the business of collection removal or disposal of solid waste within the corporate limits.
Refuse Collection 951.17
(e) Being the holder of a private refuse collector's license or his agent or employee, shall fail or refuse to comply with and abide by any duty, provision, term, covenant, prohibition or agreement required of licenses under the provisions referred to in this article.
(f) Shall cause or permit any vehicle containing garbage to stand upon any street, alley or thoroughfare within the City, except when in actual use in receiving or loading garbage.
(g) Shall maintain, collect, receive, remove, transport, convey or dispose of any garbage or rubbish in such manner or by such means as to constitute a public or private nuisance or to constitute a source of injury or damage to the person or property of another.
(h) Shall transport any garbage or rubbish in any manner except in a vehicle or container equipped so as to prevent the flowing or dropping off of any of the contents on the public streets or ways of the City or private property therein.
(i) Shall fail or refuse to comply with any other duty or requirement of this article or to do or perform any other act or thing prohibited by the provisions and terms of this article.
(Ord. 7-22-85)
951.16 DISPOSAL IN ANOTHER PERSONS CONTAINER PROHIBITED.
(a) No person shall dispose of garbage, trash or other refuse by dumping it into any dumpster or container located on any property other than that on which such garbage, trash or other refuse was produced. The consent of the property owner on which the waste is disposed of shall be irrelevant under this section.
No person shall place garbage, trash or other refuse contained in a garbage bag or other disposable container on a street, alley, way or other point usually used as a pick up point by the Sanitation Department when such person has not paid a refuse fee for that particular pick up point.
(b) This section shall not apply in such manner as to disallow the use of one central dumpster or collection station where a building or set of adjoining buildings owned by the same person or association and used for a similar purpose is located on one or more parcels.
(c) No person shall scavenge or withdraw any substance from a dumpster, trash can or other trash or refuse container located on private or public property for the purpose of converting such substance to his or her own use.
(Ord. 4-28-86)
951.99 PENALTY.
(a) A penalty of ten percent (10%) of the stated 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 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 days in jail.
(Ord. 11-13-01)
