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Chapter 20 – SOLID WASTE

  • ARTICLE II. – LITTER CONTROL

  • Sec. 20-25. – Title.

    This article shall be known as the “Litter Control Ordinance of the Town of Meggett, South Carolina.”

    (Ord. No. 2000-11, 10-23-2000)

  • Sec. 20-26. – Purpose.

    The purpose of this article is to set standards and regulations for the control of litter in the town. The control of litter will have a lasting effect upon the town’s environment and appearance. The goal of this article is the general upkeep of the community for the health, safety and welfare of its citizens. Activities such as transporting loose materials, illegal dumping, unlawful disposal and placement of debris shall not be allowed on any public or private property or waters within the town by any person or persons.

    (Ord. No. 2000-11, 10-23-2000)

  • Sec. 20-27. – Authority.

    This article is adopted pursuant to the provisions of S.C. Code 1976 § 4-9-30. Deputy sheriffs and county personnel who have been commissioned by county council as code enforcement or litter control officers shall be vested with the authority to enforce and administer litter control within the county and the town in accordance with the provisions of S.C. Code 1976, § 44-67-10 et seq. and all rules and regulations adopted thereunder and the same are incorporated herein by reference as fully as if set forth herein verbatim and as may be amended from time to time.

    (Ord. No. 2000-11, 10-23-2000)

  • Sec. 20-28. – Definitions.

    The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Disposal package or container means all packages or containers defined as such by rules and regulations adopted by the department of health and environmental control.

    Litter means all waste materials including, but not limited to, disposable packages or containers, trash, garbage or refuse.

    Litter receptacle means those containers adopted by the department of health and environmental control which may be standardized as to size, shape, capacity and color and which may bear a state or county anti-litter symbol, as well as any other receptacle suitable for the depositing of litter.

    Owner includes any person owning or having title, possession or control over real property including, but not limited to, landholders, landlords, tenants, proprietors and business operators.

    Person means an individual, partnership, company, contractor, subcontractor, developer, cooperative, corporation, firm, landlord, tenant, proprietor, owner, political subdivision, sub-development, state or county agency, trust, estate, joint venture or any other legal representative, agent or assigns.

    (Ord. No. 2000-11, 10-23-2000)

  • Sec. 20-29. – Application.

    (a)

    No person shall dump, throw, drop, deposit, discard or otherwise dispose of litter or other solid waste upon any public or private property in the town or in the waters of the town, whether from a vehicle or otherwise, including, but not limited to, any highway, park, beach, campground, forest land, recreational area, trailer park, highway, road, street or alley except:

    (1)

    When such property is designated by the town or the state for the disposal of litter and other solid waste and such person is authorized to use such property for that purpose;

    (2)

    Into a litter receptacle in such a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of such private or public property or waters.

    (b)

    The provisions of this article shall not prohibit a private property owner from depositing litter on such private property as an enhancement if the depositing does not violate applicable local or state health and safety regulations.

    (c)

    The responsibility for the removal of litter from property or receptacles shall be upon the person responsible for littering the property or receptacles. However, if the person responsible for littering the property or receptacles is unknown or if there is no charge or conviction of a person for the violation in question, then the owner of the property shall be responsible for the removal of litter from such property or receptacles in accordance with section 20-31(e); and in such cases, the court may consider the financial or physical ability of the property owner to remove said litter, but the burden is on the property owner to prove same.

    (d)

    Where litter has traveled through forces of elements onto property of another; the owner of the property of origin of the litter is responsible for the removal of litter from the property wherever the forces of elements carry or spread the litter.

    (e)

    In the event it cannot be determined which occupant of any vehicle, boat or other conveyance committed any acts in violation of this article, it shall be inferred that the driver or operator of the vehicle, boat or conveyance shall have violated this article.

    (f)

    It shall be unlawful for any person, firm, corporation, institution or organization to transport any loose material by truck or other motor vehicles within the town unless said material is secured in such a manner as to prevent litter on public and private property. Lack of adequate covering and securing of material while the loaded truck or other motor vehicle is in motion shall constitute a violation of this article.

    (Ord. No. 2000-11, 10-23-2000)

  • Sec. 20-30. – Penalties and fines.

    (a)

    A person who violates the provisions of this article in an amount less than 15 pounds in weight or 27 cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined not less than $100.00 nor more than $200.00 for each offense, plus court costs. In addition to a fine and for each offense under the provisions of this item, the court shall also impose a minimum of five hours of litter-gathering labor to take place within the town, which is under the supervision of the court; provided, however, the court under extraordinary circumstances may direct that the offender perform other types of community service within the town or elsewhere.

    (b)

    The court, in lieu of payment of the monetary fine imposed for a violation of this section, may direct the substitution of additional litter-gathering labor or other form of public service as it may order because of physical limitation under the supervision of the court, not to exceed one hour for each $5.00 of fine imposed.

    (c)

    Any person who violates the provisions of this article in an amount exceeding 15 pounds in weight or 27 cubic feet in volume, is guilty of misdemeanor and, upon conviction, must be fined not less than $200.00 nor more than $500.00. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed.

    (d)

    For a second and subsequent convictions hereunder, a minimum of 20 hours of community service must be imposed in addition to a fine.

    (e)

    In addition to the above penalties, the court may order any person violating the provisions of this article to pay restitution to the county or to the victims for the costs of removing or abating such litter.

    (Ord. No. 2000-11, 10-23-2000)

  • Sec. 20-31. – Enforcement.

    (a)

    The provisions of this article shall be enforced by the duly authorized law and code enforcement officers of the town or county including, but not limited to, the town or the county litter control officers and all law enforcement officers and deputies employed by the sheriff’s office (collectively all officers described above are hereinafter referred to as “enforcement officers”).

    (b)

    County enforcement officers shall be authorized and required to cause the inspection of any public or private property within the unincorporated limits of the town and within the town jurisdictional limits on the waterways whenever it shall be necessary to enforce the provisions of this article.

    (c)

    Any person violating the provisions of this article in the presence of an enforcement officer shall be issued a uniform summons for this offense.

    (d)

    Whenever it appears to the county enforcement officer that property lying within the town contains litter as defined by this article, the enforcement officer shall serve written notice on the owner of the property requiring the owner to abate or remove the litter within 15 calendar days from the date of the notice.

    (e)

    Any property owner who refuses or neglects to abate or remove litter from property or receptacles after receiving 15 days’ written notice shall be served with a uniform summons and subject to prosecution in accordance with this article. In addition, the enforcement officer may also cause the abatement or removal of such litter and all expenses incurred in so abating or removing such litter may be recoverable from the owner of the property from which the litter is abated or removed, or from any person causing or maintaining the same, in the same manner as debts of like amounts are now recoverable by law.

    (Ord. No. 2000-11, 10-23-2000)