HomeMy WebLinkAbout2015-03 Amended 11III
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Mohave County Clerk of the Board OF MOHAVE COUNTY `
700 W Beale Street KRISTI COUNTY RBLAIRECORD,
ER +Kingman,AZ 86401 �
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MOHAVE COUNTY ORDINANCE NO. 2015-03
AMENDED
J U N E 51 2023
MOHAVE COUNTY BOARD OF SUPERVISORS
ANTI-LITTERING ORDINANCE
Mohave County Ordinance No. 2015-03
Amended June 5, 2023
WHEREAS, the Mohave County Board of Supervisors ("Supervisors") determined that littering is a
j serious problem in Mohave County, and that litter degrades the property, health and welfare of the
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citizens of Mohave County, and;
WHEREAS, the Supervisors determined that the Arizona criminal littering statutes, A.R.S. § 13-1603, et
seq., do not fully address the scope of the littering problem in Mohave County, and;
WHEREAS, A.R.S. § 11-251(31) authorizes the Supervisors to make and enforce all local, police, sanitary
and other regulations not in conflict with general law, and;
I
WHEREAS, A.R.S. § 11-251. 05(A)(1) authorizes the Supervisors to adopt and amend all ordinances
necessary or proper to carry out the duties, responsibilities and functions of the county, and;
WHEREAS, A.R.S. § 11-251.05(A)(2),authorizes the Supervisors establish fines for violations of its
ordinances in amounts up to the maximum limitations of a Class 1 Misdemeanor, and;
WHEREAS, A.R.S. § 13-802 establishes a maximum fine of$2,500 for Class 1 Misdemeanors, and;
WHEREAS,the Supervisors have previously adopted and amended an Anti-Littering Ordinance for
Mohave County (Ordinance No. 2002-03, Amended as 2015-03, Amended on May 7, 2018, also
jpreviously referred to as Section 14-47 of Part 1, Chapter 14, Article III, Division 1 of the Code of
Ordinances, Mohave County, Arizona), and;
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NOW THEREFORE, the Mohave County Board of Supervisors hereby amends the Anti-Littering
Ordinance to read as follows:
(a) The definitions contained in A.R.S. 13-1601 are hereby incorporated by reference as part of this
ordinance. The term "litter generator" means any person who is the legal owner of the litter,
or who causes or claims to have caused the transportation of litter from the person or the
person's real property.
(b) Any person who places, or allows to place, litter (including illegal dumping) on private property
or public land in Mohave County is guilty of a Class 1 Misdemeanor.
i. The minimum fine for a first violation of this subsection (b) is$1,000.
ii. The minimum fine for any second or subsequent violations of this subsection (b) is $ 2,500.
(c) Any litter located on the property of another without that person's consent, regardless of who
deposited the litter, shall be the responsibility of the litter generator to remove the litter,
(d) It shall be a Class 1 Misdemeanor for the litter generator to fail to remove such litter from the
property of another within 5 days after being notified of the location of such litter by any law
enforcement officer, public health officer or the owner of the property on which the litter is
located.
(e) Notice required under subsection (d) shall be actual notice or shall be deemed given.five days
after mailing notice by first class mail to the last known address of the person or the posting of
the notice on the last known residence of the person. _
(f) The Environmental Rural Clean-up Enforcement (ERACE) Program shall offer and advertise a
reward of up to five-hundred dollars ($500.00) sourced to the ERACE program funds as
available to person(s) providing the primary information in confidentiality that is directly
attributable to the arrest (or citation) and successful conviction of individuals responsible for
illegal dumping in Mohave County. For purposes of this subsection, the term "successful
prosecution" means the criminal prosecution by the Mohave County Attorney's Office that
leads to a conviction for violating this subsection (f) or A.R.S. § 13-1603.
PASSED, APPROVED,AND ADOPTED this 5th day of June, 2023
MOHAVE COUNTY BOARD OF SUPERVISORS
Travis 'n nfel a Ch(rman
Attest:
Q�RVISOgs
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Ginny Anders , Clerk Q � � C-)
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