§ 138-105. Spillage of dirt, garbage, or trash from transport or collection vehicle.

(a)

It shall be unlawful for any person to operate any vehicle or other mobile equipment being used for the hauling of earth, waste materials, garbage, trash, or other loose materials, in such manner as to cause or permit the spillages, dropping or casting of any portion thereof upon the streets, sidewalks, or public ways, or in any other manner which would create a nuisance.

(b)

It shall be unlawful for any person to operate or cause to be operated any vehicle or other mobile equipment being used for the hauling of garbage, or trash, unless such garbage or trash is completely covered by a securely fastened tarpaulin, or other similar covering, and unless the tailgate of such vehicle is secured in such manner as to prevent spillage of any portion of the garbage or trash being transported upon the streets, sidewalks, or other public ways.

(c)

Any person convicted of violating any of the provisions of this section shall be subject to a fine of $100.00 or in lieu thereof, shall be subject to community service work at the discretion of the courts.

(d)

The provisions stated in section 50-5, to allow first offenders to pay fines at the health violations branch, department of health, shall not apply.

(Code 1956, § 28-53)