Baton Rouge, East Baton Rouge Parish |
Code of Ordinances |
Title 6. PUBLIC HEALTH |
Chapter 4. DISPOSAL OF GARBAGE AND OTHER WASTE MATTER |
Part II. COLLECTION AND DISPOSAL OF GARBAGE AND OTHER WASTE MATTER (OUTSIDE CITY ONLY) |
§ 6:411.1. Violations of part.(Parish)
(a)
All garbage and trash, as defined in section 6:401, as well as all litter, refuse, rubbish, appliances, junk vehicles, construction/building materials, limbs, trees or other discarded materials or debris shall be accumulated, collected and disposed of as provided in this part. The accumulation, collection or handling of any of the above in any manner or form other than is declared to be lawful by this part, shall constitute a violation hereof.
(b)
Any unauthorized accumulation of garbage or trash, as defined in section 6:401, or litter, refuse, rubbish, appliances, junk vehicles, construction/building materials, limbs, trees or other discarded materials or debris on any premises or property is hereby declared to be a nuisance and is prohibited. The term "unauthorized accumulation" shall mean the accumulation, scattering, spilling or other handling of garbage or trash, as defined in section 6:401, or litter, refuse, rubbish, appliances, junk vehicles, construction/building materials, limbs, trees or other discarded materials or debris on premises or property in a manner and under conditions contrary and in violation of the provisions of this part.
(c)
If a corporation is the owner or occupant, the president of the corporation may be prosecuted for the violation.
(d)
If a partnership, firm, or association of persons is the owner or occupant, any or all members of the partnership, firm, or association of persons may be prosecuted for the violation.
(e)
Should the city and parish enter into a contract with a private contractor for the collection and disposal of garbage, trash, bulky waste and litter, the terms and conditions of that contract shall take precedence over the provisions of this section, including but not limited to the definitions of all items of the contract.
(f)
Where a person is constructing or renovating a single-family residence, the provisions of section 8A:105.A shall supersede the provisions of this part to the extent that said provisions conflict with the provisions of this part. Specifically, the accumulation of trash, debris, and/or construction materials at the construction or renovation-site shall not be deemed to be a violation of the provisions of this part, to the extent that such is allowed by the provisions of section 8A:105.A.
(g)
Any person who violates the provisions of this section shall pay a fine of up to one thousand dollars ($1,000.00) or perform community service of not less than ten (10) eight-hour days of collecting and picking up litter and trash on public roads, streets and highways, and cleaning, cutting grass, removing weeds, litter and trash in public parks, playgrounds and cemeteries, for a first violation; a penalty of up to three thousand dollars ($3,000.00) or perform community service of not less than fifteen (15) eight-hour days of collecting and picking up litter and trash on public roads, streets and highways, and cleaning, cutting grass, removing weeds, litter and trash in public parks, playgrounds and cemeteries for a second violation within a two-year period; and a penalty of up to five thousand dollars ($5,000.00) or perform community service of not less than twenty (20) eight-hour days of collecting and picking up litter and trash on public roads, streets and highways, and cleaning, cutting grass, removing weeds, litter and trash in public parks, playgrounds and cemeteries for a third and any subsequent violations within a two-year period. For a third and subsequent violation, each act of violation and every day upon which a violation occurs or continues constitutes a separate offense.
Enforcement of this section shall be pursuant to the provisions of title 1, section 609, et seq.
(Ord. No. 10834, § 3, 3-12-97; Ord. No. 14683, § 6, 6-10-09; Ord. No. 15270, § 6, 2-8-12; Ord. No. 16724, § 1, 1-24-18)