1987-16 Relating to Litter.I Ordinance No. 87 -16-0
KODIAK ISLAND BOROUGH
ORDINANCE NO. 87 -16 -0
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH R°_LATING TO LITTERING
BE IT ORDAINED by the Kodiak Island Borough Assembly that:
Section 1. This ordinance is of a general and permanent
,nature and shall become a part of the Code of Ordinances.
Section 2. 8.12.010 is hereby repealed and reenacted to read:
8.12.010 Unlawful Acts. A. A person may not throw, drop,
deposit, discard or otherwise dispose of litter from a vehicle or
otherwise, on public or private property in the borough or in waters in
the borough or under borough jurisdiction unless:
1. the property is designated by the borough as a site for
the sanitary disposal of garbage or refuse, and the person is authorized
to use the site for that purpose; or
2. litter is placed in a litter receptacle, and the person is
authorized to use that receptacle, so that the litter is prevented from
being carried away or deposited by the elements upon public or private
property or waters in the borough or under borough jurisdiction.
B. A vehicle may not be driven or moved on a public highway or
right -of -way unless it is constructed, loaded or covered to prevent is
load from dropping, sifting, leaking or otherwise escaping from the
vehicle. This subsection does not apply to a vehicle used
1. to deposit salt or sand to secure traction; or
2. by a public agency to clean or maintain highways.
The vehicle owner and the person who operates the vehicle are each
responsible for penalties for violation of this section. A person who
operates a vehicle from which an object has fallen or escaped which
obstructs or endangers travel upon a public highway or right -of -way
shall immediately remove the object at his own expense or pay the cost
of removal incurred by the borough or by another party.
Section 2. 8.13.020.is hereby amended to read:
8.13.020 Definition. As used in this chapter, "litter" means all
(WASTE,) waste material(S) (OR MATERIALS) of every kind and nature,
including but not limited to disposable packages or containers, rubbish,
garbage, junk, paper, paper products, rock, gravel or dirt (OR OTHER
DISCARDED OBJECTS).
Section 3. 8.12.030 is repealed and reenacted to read:
8.13.030 Penalties and remedies. A. A person who violates the
provisions of this chapter is guilty of a misdemeanor and upon
conviction is punishable by a fine of not more than one thousand (THREE
HUNDRED) dollars. In addition, the court may order the person to gather
and dispose of litter in an area and for a length of time to be
determined by the court.
during which the act or condition exists, continues or is repeated shall
be a separate and distinct violation.
D. The penalties provided for violation of this chapter are in
addition to and not in lieu of any other penalty provided for in state
Jaw or any civil remedy available to the borough.
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B. Notwithstanding the availability of any other remedy, the
borough or any aggrieved person may bring a civil action to enjoin any
violation of this chapter or to obtain damages for any injury the
plaintiff suffered as a result.of the violation.
C. Each act or condition violating this chapter, and each day
ATTEST:
PASSED AND APPROVED THIS 7th DAY OF JULY , 1987.
Ordinance No. 87 -16-0
Dana 1 of 7
First Reading, Approval Date: June 4, 1987
Adoption Date: July 7, 1987
Recommended By: Borough Mayor
Drafted By: Community Development Dept.
OIL
Presiding Officer
Second Reading, Public Hearing, Approval Date: July 7, 1987