County OKs litter ordinance resolution
By March 10, Lincoln County residents should have a new litter ordinance.
The widely debated and well-traveled proposed ordinance was unanimously approved in resolution form Wednesday during a packed meeting of Lincoln County commissioners. The resolution, which will allow it to become law in 30 days, was approved on the fourth draft.
“Yes, four drafts,” Lincoln County Environmental Health Director Kathi Hooper said Wednesday afternoon. For Hooper and her staff, it was the culmination of about six months of work, first bringing it to the commissioners in September.
One of the most outspoken critics of the ordinance was Rhoda Cargill of Troy. Cargill was at every meeting about the ordinance, and afterward thanked Hooper and the commissioners for their patience in hearing the public’s concerns.
“I agreed that the county should be beautiful,” Cargill said. “I think this was a great showing in the Democratic process, and I thank you.”
Even during the final meeting, there was consternation, the most vocal coming from Charlotte Woods.
“I have to say, when people come into our beautiful county from Idaho, what do people see?” the normally soft-spoken Woods said, her voice gaining in volume. “They see properties that look like junkyards. What in the world is going on here? Everyone has their own ideas. This is exactly the same thing that’s going on with (the slow passage of) Montanore. Jesus, Mary and Joseph, let’s pass this thing.”
Woods’ comments garnered a smattering of applause from many of the nearly 30 people who packed the meeting. Shortly afterward, Presiding Commissioner Tony Berget called for a vote that, in 30 days, would make obsolete the old community decay ordinance of 1993.
While only three pages in length, the new ordinance is easily the most-bantered document in recent county history.
“I would say it was the most time-consuming (ordinance) that I have worked with,” Hooper admitted after pausing to reflect on other health ordinances. “But, we did this with considerable public input. So, in that regard the system worked.”
In its final form, the resolution defines litter as uncontained or openly stored materials, which may be classed as trash, debris, rubbish, refuse, garbage or junk, including but not limited to any worn out, cast off or discarded article or material that is ready for destruction or has been collected or stored as recyclable or salvage, for conversion to some other use or for reduction into components; old or scrap brass, rope, rags, batteries, paper, tires, cardboard, newspapers, plastic, tin cans, wood, concrete, glass, crockery, rubber, aluminum, iron, wire, steel and other old or scrap ferrous or non-ferrous materials; dead domestic animals; animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food that is not incorporated into a properly maintained compost pile/system; discarded, broken or unusable furniture, fencing or building materials; junk vehicles as defined at MCA § 75-10-501(4) vii. Discarded, broken or non-functioning appliances, campers, mobile homes, machinery, fixtures or any component parts thereof, that are serving no apparent purpose and cannot or will not be made to function in their original intended capacity within a reasonable time.
The resolution defines residents’ responsibilities as unlawful if an occupant of private property to allow litter that is visible on private land as viewed from a public location to accumulate on ther property.
It is also in violation for any person to scatter litter on public property, including public roads, public road right of ways and greenbox sites, or to transport garbage or refuse as an uncovered/unsecured load.
Violations of the ordinance will be a misdemeanor punishable, upon conviction, of a fine of up to $200.
“We had (County Attorney Bernie Cassidy) Bernie review it yesterday, and we feel like it’s a good ordinance,” Hooper said. “We’re grateful for the input. This is much better now than when it was in September.”