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SENATE BILL 1442
By Rose
HOUSE BILL 1421
By Moody
HB1421
003672
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AN ACT to establish requirements for litter abatement and control
in Tipton County.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. As used in this Act, unless the context otherwise requires:
(1) "Garbage" means putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking, and consumption of food;
(2) "Litter" means refuse that is not contained or disposed of in accordance with
the provisions of this Act.
(3) "Refuse" means all putrescible and non-putrescible solid waste except bodily
waste, and includes, but is not limited to, garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles, and market and industrial wastes; and
SECTION 2. It is unlawful for any person to place, leave, dump, or permit to accumulate
any refuse in any building or on any property, so that same shall or may afford food or
harborage for rodents, create a health hazard, or cause a public nuisance.
SECTION 3. All household refuse putouts shall be made in closed containers and
secured in such a way as to prevent the contents from escaping therefrom and circulating freely
in the environment; wet garbage shall be drained and placed in waterproof containers (e.g.,
plastic garbage bags). Toxic or hazardous substances are prohibited from being placed in
these containers.
SECTION 4. All commercial and industrial establishments shall dispose of refuse in
dumpsters designated for their use in such a way that said dumpsters shall not overflow and the
refuse so deposited shall not circulate freely in the environment. Cardboard and wooden boxes
shall be compacted prior to disposal.
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SECTION 5. The maintenance of a litter-free environment at all construction and
demolition sites shall be the responsibility of the owners, contractors, and subcontractors
thereof. All refuse shall be removed from the site frequently enough to preclude a litter problem.
SECTION 6. All loading and unloading docks shall be maintained in such a manner as
to prevent refuse from accumulating and from circulating freely in the environment. The
responsibility for such maintenance shall devolve upon the owners and lessees thereof.
SECTION 7. All owners of private dwellings, or their lessees, shall be responsible for
seeing to the maintenance of a litter-free environment in the areas immediately surrounding said
dwellings up to the adjacent public street or road. Obnoxious growth shall be removed.
SECTION 8. All vacant lots within the county municipalities shall be kept clean and free
of litter by the owners or lessees thereof. Obnoxious growth shall be removed.
SECTION 9. The county landfill shall be the sole ultimate repository of all refuse. All
other dumpsites, other than provisional municipal dumpsites, are accordingly prohibited. Such
provisions shall not prohibit persons from disposing of their own solid waste upon their own
lands provided such disposal does not create a public nuisance, health hazard, or unsightly
condition.
SECTIO 10. With respect to publicly maintained dumpsters, there shall be no burning of
refuse and no scavenging. Refuse shall not be deposited outside the dumpsters. If a dumpster
is full, the refuse will be taken to another dumpster that is not full. Large, heavy items as well as
hazardous materials and large pieces of wood are prohibited from being placed in or in the
vicinity of a dumpster.
SECTION 11. Political and commercial posters or other advertisements shall not be
placed upon public property or right-of-way, including utility and telephone poles. Handbills and
like advertisements shall be distributed in such a manner as to prevent their circulating freely in
the environment. These items will not be placed on the outside of vehicles, homes, or
businesses where they would create a litter hazard.
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SECTION 12. All organizers of outdoor events are responsible for the rapid removal of
all refuse and litter from the site thereof and shall provide appropriate refuse containers for the
public's use.
SECTION 13. All county residents with special disposal problems shall be responsible
for seeking the advice of the Tipton County Public Works Director or responsible municipal
Public Works Director.
SECTION 14. All nonfunctioning vehicles on the public thoroughfare or other public area
shall be removed at the owner's expense within a period not to exceed three (3) days.
SECTION 15. All parking lots shall be maintained by the owners or lessees thereof in a
clean, litter-free manner.
SECTION 16. Contents within, or on, commercial and private vehicles shall be secured
to prevent loss of material upon public roads, rights-of-way, or other public or private property.
SECTION 17. All persons shall ensure that any refuse within their control be disposed
of in proper containers or places. This will include such items as food and drink containers,
tobacco items, and other personal use items that could be considered litter.
SECTION 18. It shall be unlawful for any person, firm or corporation to dump refuse in
any form into any stream, ditch, storm sewer, sanitary sewer, or other drain within the County of
Tipton. This does not preclude properly prepared putrescible wastes from domestic "garbage
grinders" discharging into sanitary sewers.
SECTION 19. No person shall throw or deposit litter in or upon any premises, streets,
sidewalks, or other public place within the County of Tipton, except in public receptacles or in
authorized private receptacles for collection or in the Tipton County landfill.
SECTION 20. If an object of litter is discovered on another person's property without
such person's permission, on any public highway, street or road, upon public parks or recreation
areas, or upon any other public property except that property designated for that use, bearing a
person's name, it shall be prima facie evidence that the person whose name appears on the
object threw, dumped, or deposited it there.
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SECTION 21. The owner, tenant, or person in control of the premises will carry out the
orders of applicable law enforcement agencies or the Board of Health pertaining to this Act at
such owner's, tenant's, or person's expense, or the County of Tipton may carry out such clean-
up or other necessary activities and charge the expense of same to the owner or lessee.
SECTION 22. A person who violates a provision of this Act shall be fined not less than
twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for each day the violation exists
until its remediation.
SECTION 23. This act shall have no effect unless it is approved by a two-thirds (2/3)
vote of the legislative body of Tipton County. Its approval or nonapproval shall be proclaimed
by the presiding officer of the legislative body and certified to the secretary of state.
SECTION 24. For the purpose of approving or rejecting the provisions of this act, it shall
be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall
become effective as provided in Section 23.