Legal Documents of Halls

It shall be unlawful for any person to litter, place, throw, track, or allow to fall on any street, alley, or sidewalk any refuse, glass, tacks, mud, or other objects or materials which are unsightly or which obstruct or tend to limit or interfere with the use of such public ways and places for their intended purposes. (1980 Code, § 12-107)

16-107A. Litter control.

1. Purpose. The purpose of this section is to accomplish litter control in the City of Halls, Tennessee. This section is intended to place upon all persons within the City of Halls, the duty of contributing to the public cleanliness and appearance of the City of Halls in order to promote the public health, safety, and welfare, and to protect the economic interests of the people of the City of Halls against unsanitary and unsightly conditions. It is further the intent of this section to protect the people against the health and safety menace and the expense incident to littering.
2. Definitions. For the purposes of this section, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, and words used in the singular number include the plural number. The use of the word "shall" is always mandatory and not merely directory.
   1. "Handbill" means any printed or written matter, any sample or device, dodger, circular, flyer, leaflet, pamphlet, paper, booklet, advertisement, or any other printed or otherwise reproduced original or copies of any matter of literature, irrespective of content.
   2. "Litter" means all solid wastes, including but limited to containers, packages, wrapping, printed matter, or other material thrown or deposited as herein prohibited.
   3. "Newspaper" means any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and in addition thereto, shall also mean and include any periodical or current magazine regularly published with not less than four (4) issues per year, and sold to the public and delivered pursuant to contract.
   4. "Person" means any person, individual, firm, partnership, association, corporation, company, entity, or organization of any kind, whatsoever.
   5. "Private premises" means any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, and shall include any yard, grounds, curtilage, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
   6. "Public place" means any and all streets, roads, sidewalks, boulevards, alleys, or other public ways, and any and all public parks, squares, spaces, grounds, and buildings.
3. Littering prohibited. No person shall recklessly, knowingly, or intentionally place, drop, throw, deposit, discard, or otherwise dispose of litter upon any public place in the City of Halls or upon any private premises not owned by said person, or in any waters within the jurisdictional limits of the City of Halls, in any manner, whether from a vehicle, watercraft, aircraft, or otherwise, and including but not limited to any sidewalk, street, alley, highway, or park, except:
   1. When such property is designated by the State of Tennessee or the City of Halls for disposal of garbage, trash, and refuse, and such person is authorized by the proper public authority to so use such property; or
   2. Into a litter receptacle or other container in such a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of said public place or any private property; or
   3. When such a person is the owner or does have control or custody of the property, or has prior consent of the owner or tenant in lawful possession of such property, or unless the act is done under the personal direction of said owner or tenant and provided said litter will not cause a public nuisance or be in violation of any other state or local law, rule, or regulation.
4. Sweeping litter into gutter prohibited. No person shall sweep or deposit in any gutter, street, alley, or other public place the accumulation of litter from any building, lot, or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep any sidewalks in front of their premises free of litter.
5. Throwing, distributing, or depositing handbills in public places prohibited. No person shall throw, distribute, or deposit any handbill in or upon any sidewalk, street, or other public place within the corporate limits of the City of Halls, including placing handbills on the windshields or any other portion of vehicles parked upon any public place. Provided, however, that it shall not be unlawful on any sidewalk, street, or other public place within the corporate limits of the City of Halls for any person to hand out or distribute, without charge to the receiver thereof, any handbill to any person willing to accept it.
6. Throwing, distributing, or depositing handbills on private premises prohibited. No person shall throw, distribute, or deposit any handbill in or upon any private premises within the corporate limits of the City of Halls, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises.
   1. Exceptions. The provisions of this section shall not apply to the distribution of mail by the United States Government which is deposited in receptacles erected for that purpose, newspapers as defined herein which are delivered pursuant to contract, official governmental notices, and notices or customer service directories of regulated or public utilities, except that such items shall be placed upon private residences or other private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk, gutter, or other public place or upon private property.
7. Presumptions. If a handbill or other object of litter is discovered deposited on the private property of a person who has not given permission for the disposal of litter, or upon any public place except property designated for that purpose, and the litter or handbill bears the name of a person, the same shall create a rebuttable presumption that the person whose name appears on the object threw, dumped, or deposited it there.
8. Violation and penalties. Any violation of this section shall be a civil offense punishable as follows:
   1. Any person who violates the provisions of this section shall be subject to a civil penalty of up to fifty ($50.00) dollars for each separate offense.
   2. In lieu of or in addition to the penalty imposed in the above subsection (a), and except where infirmity or age or other circumstances would create an undue hardship, any such person may be ordered by the court in which the civil penalty is levied to pick up and remove litter from public property within the City of Halls and/or private property, with prior permission of the legal owner, for a reasonable prescribed period which is to be determined in the sole discretion of the presiding judge.
9. Enforcement officers and procedures. Enforcement of this section may be by any law enforcement officer or agency, including the building inspector, code enforcement officer, or any other sanitation officer of the City of Halls, or the Lauderdale County Department of Health. All such enforcement officers are empowered and authorized to issue citations to any persons violating the provisions of this section, and may serve and execute all warrants, citations, and other process issued by the courts. In addition, mailing by certified mail of such warrant, citation, or other process to the last know address of the offender shall be deemed as personal service upon the person charged with the violation. (as added by Ord. #03-39, Oct. 2003)