§ 25-277. Littering, depositing, scattering, etc., waste materials upon public ways and private premises.

(a)

Preventive covering, securing of vehicles. It shall be unlawful for any person to operate any vehicle upon any street, alley, park road, or right-of-way inside the city limits unless the cargo of such vehicle is contained, covered or secured in such a manner as to prevent any part of its contents from falling, leaking, or being scattered upon the public street, alley, or right-of-way inside the city. The city administrator is hereby authorized to determine the amount of any costs and expenses incurred by the city in cleaning up spills or materials deposited or dumped on a public right-of-way and to bill same to the person or company responsible. Thereafter, the city administrator may authorize the qualified and licensed attorneys at law contracted to provide legal services pursuant to sections 2-111—2-113 of this Code to take all necessary legal action to obtain payment of such billings.

(b)

Unlawful throwing or depositing. It shall be unlawful for any person to throw or deposit any garbage, solid waste, trash, brush, construction waste, or litter into, upon, or along any drainage ditch, gutter, alley, sidewalk, street, or vacant lot, or upon any public or private premises or right-of-way inside the city limits.

(c)

Penalty for violation. Any person violating the provisions of subsection (a) or (b) of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to punishment as follows:

(1)

For a first offense, a minimum fine of two hundred fifty dollars ($250.00), which fine may be suspended by the court on the condition that the misdemeanant complete forty-eight (48) hours of collecting trash and litter from street rights-of-way under such conditions as imposed by the court;

(2)

For any second offense within a twelve-month period from the date of a first offense, a minimum fine of three hundred dollars ($300.00), which fine may be suspended by the court on the condition that the misdemeanant complete fifty-eight (58) hours of collecting trash and litter from street rights-of way under such conditions as imposed by the court;

(3)

For any third or subsequent offense within a twelve-month period from the date of a first offense, a fine of five hundred dollars ($500.00) which fine may be suspended by the court on the condition that the misdemeanant complete ninety-seven (97) hours of collecting trash and litter from street rights-of-way under such conditions as imposed by the court.

(Code 1979, § 14-17; Ord. No. 7-93, § 1, 2-2-93; Ord. No. 89-99, § 8, 12-21-99; Ord. No. 3-02, § 5, 1-22-02)

State law reference

Litter Control Act, A.C.A. § 8-6-401 et seq.; unlawful dumping, A.C.A. § 8-6-501 et seq.