8.20.010 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. Use of Vehicle to Litter. A vehicle may not be used in the commission of the violation of subsection A of this section. It is a violation of this section to use or allow the use of a vehicle in the violation of subsection A of this section.
1. Vehicle Owner’s Responsibility. It is unlawful for any person, firm, or corporation to authorize or knowingly to permit any vehicle registered in his, her or its name to be used in the violation of subsection A of this section.
2. Registered Owner Responsible for Violations. A vehicle that is used in the violation of subsection A of this section is considered to have been used by any registered owner of the vehicle. When a vehicle is registered to two or more owners, each owner is deemed to have consented to any use of the vehicle by another registered owner and each such owner shall be deemed to have given consent to the use of the vehicle by any other person who has received the consent of any registered owner. Only the registration records of the vehicle as of the date of the violation or an acknowledgment of conveyance signed or sworn to by the alleged new owner will be accepted as satisfactory evidence that a vehicle has been sold or otherwise conveyed to a new owner.
C. Use of Vehicle to Improperly Deposit Waste. A vehicle may not be used in the transportation or disposal of solid waste, as defined in KIBC 8.25.020, at a borough waste site unless the waste is placed in the container provided for that purpose. It is a violation of this section to use or allow the use of a vehicle to transport solid waste which is deposited on the ground outside of the container at a waste site. For purposes of this section a waste site is a location where a roll-off container has been placed by the borough or its contractor for persons to deposit solid waste.
1. Vehicle Owner’s Responsibility. It is unlawful for any person, firm, or corporation to authorize or knowingly to permit any vehicle registered in his, her or its name to be used in the transportation or disposal of solid waste at a borough waste site unless the waste is placed in the container provided for that purpose.
2. Registered Owner Responsible for Violations. A vehicle that is used to transport or in the disposal of solid waste at a borough waste site which is not placed in the container provided for that purpose is considered to have been used by any registered owner of the vehicle. When a vehicle is registered to two or more owners each owner is deemed to have consented to any use of the vehicle by another registered owner and each such owner shall be deemed to have given consent to the use of the vehicle by any other person who has received the consent of any registered owner. Only the registration records of the vehicle as of the date of the violation or an acknowledgment of conveyance signed or sworn to by the alleged new owner will be accepted as satisfactory evidence that a vehicle has been sold or otherwise conveyed to a new owner.
D. 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 its load from dropping, shifting, 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. [Ord. FY2023-18 §3, 2023; Ord. 87-16-O §2, 1987. Formerly §8.12.010].