Decatur, Ala. | Saturday, May 25, 2013
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Councilman bitter about litter
Wants to ‘make an example’ of trash dumpers
By Tiffeny Owens
The Decatur Daily

John Godbey/The Decatur Daily
Broken televisions lie discarded along a drainage canal on Central Avenue Southwest in Decatur. City Councilman Charles Kirby wants to get tougher on those who litter.

In a bid to clean up Decatur, a city councilman wants to crack down on people who litter and hold business owners accountable for garbage that accumulates on their properties.

District 4 Councilman Charles Kirby wants the city to consider levying the maximum penalty on those caught littering to “make an example out of them” and show residents and visitors Decatur is serious about addressing the issue.

“We should send the message, ‘If you dump on the city of Decatur, we will dump on you,’ in the sense we are going to fine and punish you for doing it,” Kirby said.

Someone cited for “littering on the highway” in Decatur can be issued a $262 ticket, of which $100 is for the fine and $162 for court costs. That fee schedule is set by the state Legislature, Decatur Municipal Court Clerk Jessica Hayes said.

The maximum fine an Alabama judge can assess for littering is $500, City Attorney Herman Marks said.

“The judge could decide to put you in jail for littering,” Marks said.

In the past three years, only six municipal littering citations have been issued: none in 2012, two in 2011 and four in 2010, municipal court records show. Kirby wants Decatur to talk to its legislative delegation about strengthening state litter laws and passing a container-deposit law that 11 other states have enacted.

“Bottle bills” charge a fee per container when it’s sold. That fee, typically 5 cents or more, is refunded when the container is turned in to a recycling center.

Many residents have complained that Decatur needs to make maintenance and upkeep a priority as it tries to attract businesses, families and visitors.

Nearly two years after $900,000 in funding was cut from Parks and Recreation — the agency tasked with keeping the city clean and manicured — the city has yet to replace it. Councilmen said they plan to add funding for maintenance during the mid-fiscal year review in May.

“I don’t want to be negative about my hometown with so many good things going on, but I think the city and its citizens could do a better job cleaning up,” lifelong resident Sally Maynor said. “It’s not the city’s job to pick up litter in your front yard. You should have enough sense to do that yourself. But along the roads, (the city) needs to step it up.”

Some residents have proposed making those charged with littering pick up trash along highways alongside Morgan County inmates. Kirby said he favors the idea, but it’s not a simple fix.

“The problem is littering in Decatur is considered a non-criminal act, and we need to change our attitude as a community about that,” Kirby said. “We live in a heavy-commuter area, so many of the people throwing out trash and cigarette butts from their car windows don’t live here. But they look around and think it’s not a big deal.”

Kirby said out-of-town property owners, whether in their businesses or homes, play a large role in places becoming unkept. The number of complaints handled by the Community Development Department annually back that up: Half of the 1,500 private property complaints for violating the city weed, junk and litter ordinance stem from absentee property owners, code enforcement officer David Lee said.

Kirby proposes creating a database with contacts for shopping centers, strip malls and other businesses so responsible parties can be notified if trash accumulates on their properties. Since disposable cups, wrappers and bags from fast food restaurants make up the bulk of litter around town, those businesses should be involved too, he said.

“The city should be doing some kind of inspection — whether it’s through Community Development or simply police driving by and seeing it — and making the phone call to let someone know about it so it gets cleaned up,” he said.

Tiffeny Owens can be reached at 256-340-2440 or towens@decaturdaily.com.

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12 comments on this item

Its quite humorous that Unemployable Kirby only recently cleaned up his yard after being appointed to the Council. His yard is still rough and unattractive, but now fits a little better with his neighborhood. He's such an opportunist and he should really cease his affair with Dwight W Jett.

The city of Decatur violates it's own weed and grass ordinance. It should lead by example not by forced "taxes". Plenty of medians and ditches city wide have looked like crap for years now. The city just continues to hand out warnings and citations to the citizens of the city who are hurting for "funds" just as bad if not worse than the city and board of parks of recreation, while ignoring calls to mow it's R.O.W.'s . They have the funds to keep inspectors roaming the city looking for violators but not enough to keep a mower running? Its pretty sad when business owners up and down the south end of 31 mow the medians in front of their locations because the city won't.

When you say affair, what ?

Go, Charles, Get back to the chain gangs to clean up the roadways. Talk to Anna Franklin and you could even put some white ones on the chain gangs.

Orville, you really need help.

Wendell,

Highway 31 is a United States Highway which means it is federal. The state agrees to take care of it. It is not the responsibility of the city to mow Hwy 31, Hwy 20, Hwy 24, or I-65. Not to say that there or other places that need to be mowed.

I agree that we need to use non-violent offenders to clean up roadways in Decatur.

Mr. Kirby wants to play the blame game! We do not need anymore ordinances, we just need to enforce the ones we have, a blind man can see that is not being done. When the City Court System only has 3 citations over a 2 year period, it is very clear we need enforcement not more laws on the book NOT to be enforced. Place this as a responsibility of the Police Department, we know some of the Policemen will think it is demeaning of their Job, however it is just as important as a tracking down a shoplifter, it is all police work.

Mr. Kirby was in the one (1) cent sales tax dispute, Mr. Kirby was against the sign ordinance that was in place a few years ago. It appears that the chickens has come home to roost, signs strung up and down our through fare without little thought after the sign ordinance was watered down and now the deterioration is being seen. Now Mr. Kirby as a councilman wants to throw the book at our business people for littering, very few of our business leaders if any are littering or allowing it to happen on their watch.

Enforce the laws on the books and don't waste our time and money making more, restore the sign ordinance to it full force and enforce it without selective enforce.

Mr. Kirby be proactive instead of re-acting, you see a pile of trash and you want a new ordinance to show you care, enforce the ordinances that we will know you and your fellow councilmen care a lot more.

As Mr. Jackson said a few weeks ago take care of the people first, pet projects next.

Thank you EE

Actually I would perfer the Officers keep taking down these meth labs as opposed to the litter issue. I know some may think it to be noble to use inmate labor for the R.O.W. Abatement but why should we put a honest law abiding person out of a job just so inmates can do it. because both are not needed and then where will that stop at your job at the factory or a maintenance shop perhaps or maybe your a handy man and your competator hires one to compete with you.

Edward, we have far more serious problems in the city for the police to be spending their time for trash violators.

I am glad to see a desire by a city leader to clean up the city.

The city looks like the people want it too, otherwise there would be a lot more self pride and effort to keep the place clean. Sixth ave is an eyesore from the bridge all the way to Lynn Layton. I will grant you there are a few businesses along the way who are the exception to the rule but overall if we are marketing our city the same way you would hope to sell a house then we have forgot that curb appeal is what draws in more prospective buyers. Enforce the dang litter control laws across the board and direct those funds to the city departments responsible for roadway/city maintenance. That an individual responsibility can't hurt.

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