Critical Litter Control Legislation Passed by WV Legislature

Cabell County's government and the City of Huntington have just been given powerful new "teeth" by the West Virginia Legislature to help eliminate litter and illegal dumps!

Senate Bill 440 grants additional authority to county litter control officers, specifically to issue citations for failure to prove lawful disposal of trash and creating, contributing to or allowing an open dump.

In addition, House Bill 3197 bill will go a long way in bringing under control the endemic litter problem in Huntington. Here is the bill, which has been sent to the governor for his approval.
H. B. 3197

SUMMARY: Authorizing municipalities to permit non-police officers to issue citations for littering

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-16b, relating to authorizing municipalities to permit non-police officers to issue citations for littering.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §8-12-16b, to read as follows:

ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.
§8-12-16b. Special litter prevention officers.
Every municipality that has adopted an anti-litter ordinance pursuant to section five of this article shall have plenary power and authority to provide by ordinance for the appointment of special litter prevention officers, whose duties include the enforcement of municipal anti-littering ordinances. Notwithstanding any other provision of this code, those officers may also be assigned to perform other duties or be presently employed by the municipality in another capacity and have these additional duties assigned to him or her. In the performance of these duties, such special litter prevention officers shall be vested with the power to issue citations, issue summonses and sign complaints. Such special litter prevention officers shall display a badge or other sign of authority. The governing body of the municipality may require such special litter prevention officers to give bond, payable to the municipality, in its corporate name, with such sureties and in such penalty as the governing body may see fit, conditioned for the faithful performance of their duties.

Now, let's make this work! We encourage the City Council of Huntington to pass an ordinance to initiate this strategy immediately.