Fairfax Municipal Code Ch. 8.12 Litter

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AUTHORIZED PRIVATE RECEPTACLE. A litter storage and collection receptacle as required and authorized in Chapter 8.08 of this title.

GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

LITTER. Garbage, refuse and rubbish, as defined in this section, and all other waste material which, if thrown or deposited as prohibited in this chapter, tends to create a danger to public health, safety and welfare.

PARK. A park, reservation, playground, beach, recreation center or any other public area in the town, owned or used by the town and devoted to active or passive recreation.

PERSON. A natural person, firm, co- partnership, association or corporation.

PRIVATE PREMISES. Any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to the dwelling, house, building or other structure.

PUBLIC PLACE. Any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings.

REFUSE. All putrescible and non-putrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.

RUBBISH. Non-putrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, overgrown grass, brush and weeds, wood, glass, bedding, crockery and similar materials.

TOWN. The Town of Fairfax.

VEHICLE. A device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

(Prior Code, § 8.12.030)

No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the town, except in public receptacles, in authorized private receptacles for collection or in official town dumps.

(Prior Code, § 8.12.031)

Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.

(Prior Code, § 8.12.032)

(A) Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

(B) No person shall sweep into or deposit in any gutter, street or other public place within the town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.

(Prior Code, § 8.12.033)

(A) Persons owning or occupying places of business within the town shall keep the sidewalk in front of their business premises free of litter.

(B) No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.

(Prior Code, § 8.12.034)

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the town or upon private property.

(Prior Code, § 8.12.035)

No person shall drive or move any truck or other vehicle within the town unless the vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place; nor shall any person drive or move any vehicle or truck within the town, the wheels or tires of which carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.

(Prior Code, § 8.12.036)

No person shall throw or deposit litter in any park within the town, except in public receptacles and in a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided in this chapter.

(Prior Code, § 8.12.037)

No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the town.

(Prior Code, § 8.12.035)

No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law.

(Prior Code, § 8.12.039)

No person shall throw or deposit litter on any occupied private property within the town, whether owned by the person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.

(Prior Code, § 8.12.040)

The owner or person in control of any private property shall, at all times, maintain the premises free of litter; provided, however, that, this section shall not prohibit the storage of litter in authorized private receptacles for collection.

(Prior Code, § 8.12.041)

No person shall throw or deposit litter on any open or vacant private property within the town, whether owned by the person or not.

(Prior Code, § 8.12.042)

The Town Manager is authorized and empowered to notify the owner of any open or vacant private property within the town or the agent of the owner to properly dispose of litter located on the owner’s property which is dangerous to public health, safety or welfare. The notice shall be by registered mail, addressed to the owner at his or her last known address.

(Prior Code, § 8.12.043(a))

Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 15 days after receipt of the written notice provided for in § 8.12.140, or within 30 days after the date of the notice in the event the same is returned to the town’s Post Office Department because of its inability to make delivery thereof, provided the same

was properly addressed to the last known address of the owner or agent, the Town Manager is authorized and empowered to pay for the disposing of the litter or to order its disposal by the town.

(Prior Code, § 8.12.043(b))

When the town has effected the removal of the dangerous litter or has paid for its removal, a certified copy of the actual cost thereof, plus accrued interest at the rate of 6% per annum from the date of the completion of the work, if not paid by the owner prior thereto, shall be sent to the County Auditor. The cost of the removal of the litter shall constitute a lien on the property and shall be charged to the owner of the property on the next regular tax bill sent out by the county. The charge shall be due and payable by the owner at the time of payment of the bill.

(Prior Code, § 8.12.043(c))

The uncontrolled release of balloons into the environment, whether they are biodegradable or not, constitutes litter within the meaning of this chapter and no person shall intentionally release balloons into the environment within the town for any purpose.

(Ord. 766, passed 8-1-2012)