§ 4-143. Littering prohibited.

(a)

Pedestrians and motorists.

(1)

It shall be unlawful for any person to throw, discard, place or deposit litter in any manner or amount on any public or private property within the corporate limits of the city, except in containers or areas lawfully provided therefor.

(2)

In the prosecution charging a violation of subsection (a)(1) above from a motor vehicle, proof that the particular vehicle described in the complaint was the origin of the litter, together with proof that the defendant named in the compliant was at the time of such violation the registered owner of the vehicle, shall constitute in evidence a presumption that the registered owner was the person who committed the violation.

(3)

It shall be the duty of every person distributing commercial handbills, leaflets, flyers and any other advertising or informational material to take whatever measures may be necessary to keep such materials from littering public or private property.

(4)

To facilitate proper disposal of litter by pedestrians and motorists, such publicly-patronized or used establishments and institutions as may be designated by the municipal department in charge of solid waste management shall provide, regularly empty, and maintain in good condition, adequate containers that meet standards prescribed by the department. This requirement shall be applicable, but not limited to, fast-food outlets, shopping centers, convenience stores, supermarkets, service stations, commercial parking lots, mobile canteens, motels, hospitals, schools and colleges.

(b)

Vehicles transporting loose materials.

(1)

It shall be unlawful for any person to transport any loose cargo by truck or other motor vehicle within the corporate limits of the city, unless the cargo is covered and secured in such manner as to prevent depositing of litter on public or private property.

(2)

The duty and responsibility imposed by subsection (b)(1) above shall be applicable alike to the owner of the truck or other vehicle, the operator thereof, and the person from whose residence or establishment the cargo originated.

(3)

In the prosecution charging a violation of subsection (b)(1) above, lack of adequate covering and securing shall in itself constitute proof a violation has been committed.

(c)

Loading and unloading operations.

(1)

Any owner or occupant of an establishment or institution at which litter is attendant to the packing and unpacking and loading and unloading of materials at exterior locations shall provide suitable containers for the disposal and storage of such litter and shall make appropriate arrangements for the collection thereof.

(2)

It shall be the duty of the owner or occupant to remove at the end of each working day any litter that has not been containerized at these locations.

(d)

Construction/demolition projects.

(1)

It shall be unlawful for the owner, agent or contractor in charge of any construction or demolition site to cause, maintain, permit or allow to be caused, maintained or permitted the accumulation of any litter on the site before, during or after the completion of the construction or demolition project.

(2)

It shall be the duty of the owner, agent or contractor to have on the site adequate containers for the disposal of litter and to make appropriate arrangements for the collection thereof or for transport to an authorized facility for final disposition.

(3)

The owner, agent or contractor may be required at any time to show proof of appropriate collection and final disposition at an authorized facility.

(e)

Keeping property clean.

(1)

It shall be the duty of the owner, agent, occupant or lessee to keep exterior private property free of litter. This requirement applies not only to removal of loose litter, but to materials that are trapped at such locations as fence and wall bases, grassy and planted areas, borders, embankments and other lodging points.

(2)

Owners, agents, occupants or lessees whose properties face on municipal sidewalks, alleys, and strips between streets and sidewalks shall be responsible for keeping those sidewalks, alleys and strips free of litter, garbage, trash, refuse and ashes.

(3)

It shall be unlawful to sweep or push litter into streets, alleys, or rights-of-way. Such litter must be picked up and put into household or commercial solid waste containers.

(4)

It shall be the duty of every nonresident owner of a vacant lot or other vacant property to appoint a resident agent who shall have responsibility for keeping that lot or other property free of litter.

(Code 1963, § 13-3)

State law reference

Putting glass or other injurious material on highway, Miss. Code Ann. 1972, § 63-3-1211.

Cross reference

Motor vehicles and traffic, Ch. 6.