Littering

Health and sanitation generally - see Mich. Const. Art. 4, Sec. 51; M.C.L.A. Secs. 325.1 et seq., 327.1 et seq., 750.466 et seq.

642.01 DEFINITIONS.

(a) "Garbage" means decayed or decaying animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

(b) "Handbill" means any written, printed or photocopied matter, circular, flyer, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature advertising, directing attention to or promoting the interest of any merchandise, product, commodity, business, person, presentation or any other activity.

(c) "Litter" means all rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris or other foreign substances.

(d) "Newspaper" means any newspaper of general circulation as defined by State law and any periodical or magazine published not less than four issues per year and sold to the public.

(e) "Nuisance" means anything that annoys, injures or endangers the safety, health, comfort or repose of the public; offends public decency; interferes with, obstructs or renders dangerous any street, highway, navigable lake or stream; or in any way renders the public insecure in life or property. Public nuisances include, but are not limited to, whatever is prohibited by these Codified Ordinances.

(f) "Park" means a park, reservation, playground, beach, recreation center or any other public area in the City owned or used by the City and devoted to active or passive recreation.

(g) "Private premises" means 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 including any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

(h) "Public or private property or water" includes, but is not limited to, any of the following:

(1) The right-of-way of a road or highway, a body of water or watercourse, or the shore or beach of the body of water or watercourse, including the ice above the water;

(2) A park, playground, building, refuge or conservation or recreation area; and

(3) Residential or farm properties or timberlands.

(i) "Refuse" means all decayed and non-decayed solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned vehicles and solid market and industrial wastes.

(j) "Rubbish" means non-decayed solid wastes consisting of both combustible and noncombustible wastes, including, but not limited to, paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

(k) "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn on a highway, except devices which are moved exclusively by human power.

(l) "Vessel" means a vessel registered under the Marine Safety Act, Act 303 of the Public Acts of 1967, being M.C.L.A. 281.1001 to 281.1199.

642.02 LITTERING ON PUBLIC OR PRIVATE PROPERTY.

(a) No person shall knowingly, without the consent of the public authority having supervision of public property or the owner of private property, dump, deposit, place, throw or leave, or cause or permit the dumping, depositing, placing, throwing or leaving of, litter on public or private property or water other than property designated and set aside for such purposes.

(b) A person who removes a vehicle that is wrecked or damaged in an accident on a highway, road or street shall remove all glass and other injurious substances dropped on the highway, road or street as a result of the accident.

(d) No person shall place or cause to be placed in or upon any public sidewalk, parkway, alley or roadway in the City any garbage, litter, refuse, rubbish or any offensive substance, except for the purpose of having such material or substance picked up and removed, and in no case, except during an announced City clean-up period, for a period in excess of eighteen hours. In the case of an announced City clean-up period, the period shall be for the time indicated in the announcement. Garbage, litter, refuse, rubbish or other substances and materials so placed for pick-up and removal shall be securely tied or placed in closed boxes or other receptacles, as the particular substance or material may require.

(e) No person shall sweep or deposit into any gutter, street or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

642.03 LITTERING IN PATH OF VEHICLE.

A person who knowingly causes litter or any object to fall or to be thrown in the path of or to hit a vehicle traveling upon a highway is guilty of a misdemeanor.

642.04 PRESUMPTIONS RE LITTER FROM VEHICLES AND VESSELS.

(a) Except as provided in subsection (c) hereof, involving litter from a leased vehicle or leased vessel, in a proceeding for a violation of this chapter involving litter from a motor vehicle or vessel, proof that the particular vehicle or vessel described in the citation, complaint or warrant was used in the violation, together with proof that the defendant named in the citation, complaint or warrant was the registered owner of the vehicle or vessel at the time of the violation, constitutes in evidence a presumption that the registered owner of the vehicle or vessel was the driver of the vehicle or vessel at the time of the violation.

(b) The driver of a vehicle or vessel is presumed to be responsible for litter that is thrown, dropped, dumped, deposited, placed or left from the vehicle or vessel on public or private property or water.

(c) In a proceeding for a violation of this chapter involving litter from a leased motor vehicle or leased vessel, proof that the particular vehicle or vessel described in the citation, complaint or warrant was used in the violation, together with proof that the defendant named in the citation, complaint or warrant was the lessee of the vehicle or vessel at the time of the violation, constitutes in evidence a presumption that the lessee of the vehicle or vessel was the driver of the vehicle or vessel at the time of the violation.

642.05 REMOVAL OF LITTER FROM VACATED PREMISES.

A person who is moving from any dwelling, storeroom, apartment or other building or grounds in the City shall, within forty-eight hours after vacating or moving from such premises, remove or cause to be removed from such buildings and grounds, including outbuildings on the premises, all litter.

642.06 DISTRIBUTION OF HANDBILLS.

(a) No person shall throw or deposit any handbill in or upon any sidewalk, street or other public place within the City. However, it shall not be unlawful on any sidewalk, street or public place within the City for any person to hand out or distribute, without charge to the receiver thereof, any handbill to any person willing to accept it.

(b) No person shall throw or deposit any handbill in or upon a vehicle. However, it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a handbill to any occupant of a vehicle who is willing to accept it.

(c) No person shall throw or deposit any handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

(d) No person shall throw, deposit or distribute any handbill in or upon private premises which are inhabited, except by handling or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises.

(e) The provisions of this section do not apply to the distribution of mail by the United States or a commercial delivery service, nor to newspapers when such newspapers are delivered to a current subscriber and are placed on private premises in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public or private property or water.

642.99 PENALTY; EQUITABLE REMEDIES.

(a) A person who violates Section 642.03 is guilty of a misdemeanor and shall be fined not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) and the costs of prosecution, or imprisoned for not more than ninety days, or both. Additionally, the court shall impose, under the supervision of the court, community service in the form of litter-gathering labor, including, but not limited to, litter connected with the particular violation.

(b) Except as otherwise provided, a person who violates or fails to comply with any of the provisions of this chapter is responsible for a civil infraction and shall be subject to the fine set forth in Section 202.98 as follows. When the amount of litter deposited is:

(1) Less than five pounds: A Class B Municipal civil infraction;

(2) Five to fifty pounds: A Class D Municipal civil infraction;

(3) More than fifty pounds: A Class F Municipal civil infraction. In addition to the civil fine provided in Section 202.98, the court may impose, under its supervision, community service in the form of litter-gathering labor, including, but not limited to, litter connected with the particular violation.

(c) In addition to the penalties provided for in this section, this chapter may be enforced by suit for injunction, action for damages or any equitable relief appropriate to the enforcement of this chapter.

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Littering

Codified Ordinances of Battle Creek

CHAPTER 642

Littering

CROSS REFERENCES

642.01 DEFINITIONS.

642.02 LITTERING ON PUBLIC OR PRIVATE PROPERTY.

642.03 LITTERING IN PATH OF VEHICLE.

642.04 PRESUMPTIONS RE LITTER FROM VEHICLES AND VESSELS.

642.05 REMOVAL OF LITTER FROM VACATED PREMISES.

642.06 DISTRIBUTION OF HANDBILLS.

642.99 PENALTY; EQUITABLE REMEDIES.