City of Ellsworth Litter Ordinance

(First Published in the Ellsworth County Independent/
Reporter, September 17, 2015)

ORDINANCE NO.    3065

AN ORDINANCE PROHIBITING LITTERING
AND PROVIDING FOR PENALTIES IN THE CITY
OF ELLSWORTH, KANSAS  

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS:
SECTION 1. LITTERING PROHIBITED
A. DEFINITIONS. As used in this Section, the term Litter shall mean any rubbish, refuse, waste material, garbage, trash or debris of any kind of description, including but not limited to improperly discarded paper, metal, plastic or glass regardless of size or value.
B. CRIMINAL LITTERING. No person shall intentionally or recklessly dump, throw, place, deposit or cause to be dumped, thrown, placed, deposited or left Litter into, upon or about:
    1. Any public street, highway, alley, road, right of way, park or other public place, or any lake, stream, watercourse or other body of water except by direction of a public officer or employee authorized by law to direct or permit such act; or
    2. Any private property without the consent of the owner or occupant of such property.
    3. Unsolicited forms of written communication otherwise protected by the First Amendment shall be deemed as Litter upon written or oral notice from the private property owner or occupant that consent to receive such communication is withdrawn.
    4. A violation of this section shall be a Class C violation punishable by:
        1. upon a first conviction, by a fine of not less than $250.00 nor more than $1000.00
        2. upon a second conviction, by a fine of not less than $1000.00 nor more than $2000.00.
        3. upon a third or subsequent conviction, by a fine of not less than $2000.00 nor more than $4000.00.
C. LITTERING FROM MOTOR VEHICLE. No person shall throw, place or drop litter or allow Litter to be thrown, placed or dropped from a motor vehicle onto or upon any highway, road or street. The driver of the vehicle may be cited for any such refuse, object or substance thrown, placed or dropped from the motor vehicle, unless any other person in the motor vehicle admits to or is identified as having committed the act.  A violation of this section is an infraction punishable by fine of not less than $250.00 not to exceed $500.00.
 SECTION 2. REPEAL
All ordinances and parts of ordinances conflicting with the provisions of this ordinance are hereby expressly repealed.
SECTION 3. FORCE AND EFFECT
This ordinance shall take effect and be in full force from and after its passage by the Governing Body of the City of Ellsworth and publication in the official city newspaper.
Passed by the Governing Body of the City of Ellsworth this 14th day of September, 2015.

/s/ John J. Whitmer, Mayor
City of Ellsworth, Kansas

ATTESTED BY:

/s/ Patti Booher, City Clerk

1t 9/17