Enhanced litter rules discussed
By Kathy McCarty
Staff Writer
PRESQUE ISLE — City Council held its first of two public hearings on changes to the city’s litter ordinance at its Jan. 3 meeting at City Hall. Councilors are considering amending Chapter 13 of the city’s litter ordinance for adoption of the proposed illegal dumping ordinance, which would allow municipal officials more control over how violators are charged.
City Manager Jim Bennett provided an overview of the changes.
“It (how littering will be addressed) will change from a state statute violation to make it a civil violation. In a criminal case, it has to be beyond a reasonable doubt (that someone did something); in a civil case, it only has to be reasonable that it happened,” said Bennett.
Bennett explained that making the matter civil rather than criminal shifts who can prosecute a case.
“In a civil case, the city or municipal staff would be prosecuting a case. In a criminal case, the D.A. would prosecute,” he said.
He said costs would be determined based on how much litter was involved (i.e. one ton would be $90), plus the man hours involved in cleanup, as well as filing costs and any other related expenses.
“In addition to fines, the point is to let people know the city is serious about preventing littering,” said Bennett.
Under the changes, instead of police or code enforcement handling littering cases, broad authority is given to city staff who would be authorized to address littering as it occurs, said Bennett.
“Everything has to be disposed of in compliance with state and municipal laws,” he said. Garbage disposal “is pretty straightforward.”
City Council Chair Jennifer Turner questioned whether changes would apply to residents’ properties or confined “to other people dumping on someone’s property.”
Bennett said this was geared to those who litter on another’s property.
In the event someone finds litter on their property, “property owners could keep track of costs and we could work to recoup damages for them,” said Bennett.
Bennett said if the litter ordinance is amended, violators could face fines of up to $500.
Council scheduled a second public hearing for Monday, Feb. 7, at City Hall.
In other business, Council:
• Appointed Jennifer Trombley as Council chair and Emily Smith to serve as deputy chair;
• Appointed Hugo Olore as city attorney;
• Made a number of appointments to city boards and committees;
• Set City Council meeting times and places for 2011 as the first Monday of each month at 6 p.m. at City Hall;
• Approved the policy on treasurer’s disbursement warrants for employee wages and benefits;
• Approved municipal officers’ policy on disbursement of municipal education costs;
• Presented retirement gifts to city employees: Fred Parsons, Joyce Price and Ralph LaPointe. Carroll Willette also retired but was not present to accept his gift;
• Presented longevity awards to various municipal employees who’ve worked for the city for anywhere from five to 40 years;
• Amended Chapter 48 of the city’s general assistance ordinance to remain in compliance with applicable laws;
• Heard comments from City Planner Jamie Francomano with regard to amending sections of the Land Use and Development Code, Chapter 16, Chapter I, Section XII Retail Business Zone, Section B, Permitted Uses; Chapter I, Section XII, Retail Business Zone, Section D3, Standards; Chapter II, Section II, Parking Loading and Traffic, Section A2; and Chapter II, Section II, Parking Loading and Traffic, Section 11. The issue involved a section downtown between State Street and Summer Street, running along the Aroostook River, and changing the allowable setback from the river from 75 feet to 25 feet. Council resolved to adopt a new downtown retail zone as presented;
• Held the first of two public hearings regarding the adoption of a property assessment clean energy (PACE) ordinance, with Feb. 7 scheduled for the next hearing;
• Heard comments from Troy McCrum, principal of Cornerstone Christian Academy, encouraging councilors to approve a zoning amendment to restore the agricultural farm zone designation to four parcels at the intersection of the Jamieson Road and U.S. Route 1, with Council setting a second public hearing on the matter for Feb. 7;
• Held the first of two public hearings to amend Chapter 42 of the city’s solid waste ordinance for adoption of the proposed pay-as-you-throw ordinance for solid waste. A second public hearing will be held Feb. 7;
• Under concent agenda, approved City Council meeting minutes for Dec. 6 and Dec. 13, 2010, approved warrants 47-50 totaling $1,472,710.05 and made several ex-officio appointments to city boards and committees;
• Discussed the appointment process and current vacancies on various city boards and committees;
• Approved a Presque Isle Development Fund loan to CAM Manufacturing, Inc., in the amount of $125,000;
• Authorized the acceptance of the Webber Oil Company property at 42 Chapman Road;
• Set two public hearings for the creation of a new general development zone: Feb. 7 and March 7; and
• Set two public hearings to consider a medical marijuana ordinance: Feb. 7 and March 7.
The next regularly-scheduled City Council meeting will be held Monday, Feb. 7, at City Hall. The public is welcome and encouraged to participate. For more information, contact 760-2785.
