REEDSVILLE — Reedsville Council disagreed this week on how to enforce the town’s litter ordinance.
On May 1, council took a phone vote to give a resident on Robert Stone Way an additional 10 business days to clean the property, which has been discussed at previous meetings.
Council Members Scott Williams, Greg Burke, Britney Titus and Jason Titus voted for the extension. Renee Stone and Jeff Stone voted for the extension with conditions for an additional four to five days and with potential fines to be reviewed by town attorney Mark Gaydos.
“We gave them — it will be 20 days at the end of this week. The only thing noticeable is the mattress is gone,” Renee Stone said at council’s Monday meeting.
“Our attorney said we could fine them $100 but we had to make sure the dump is open,” Titus said. “Unless it’s waste or debris council can’t make them move it. Council cannot require the porch be enclosed to hide items.”
Town ordinance 549.18 says, “The occupant or person in control of an [sic] private property shall at all times maintain the premises free of litter. Provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.”
Violators face a fine of $100 or more for each day the violation persists.
Litter is defined as “garbage, refuse and rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.”
“Our ordinance is so vague my wood pile could be considered trash,” Burke said.
Titus said town Officer Paul Rowan drove past the house with County Litter Officer Jay Sowers. He said Sowers told Rowan the residents can’t be fined for having “ugly decoration.”
“If it’s not porch furniture then it’s trash,” Jeff Stone said. “Now they have a utility trailer there. How much more are they going to put there?”
“Jay Sowers told us he had no jurisdiction here,” Renee Stone said. “Why should we listen to him? They have old junk appliances under a carport. Maybe we should rewrite the ordinance just for these people.”
“Don’t you trust our attorney?” Burke asked.
“Not really,” she replied. “I think our officer needs to speak to council before he gets information from the litter officer or the DNR.”
“I believe what Sowers was saying is that you are on the line to be taken to circuit court if you go to a provoking point or harassment,” Titus said.
“He works for us. Not the DNR, Jay Sowers or the county. He works for us. Does the DNR and Sowers know our ordinances?” Renee Stone said.
“Like anyone in a job you’re going to check things out,” Recorder Sandy Kisner said. “I would want to have all my facts together. He’s learning. That’s how he learns, by checking with other people in his area of expertise. He did everything council told him to do.”
Britney Titus asked Stone if she was angry about Rowan, the house or something else. “I think Paul did everything right. To say he has to ask to get the opinion of another law enforcement agency is asinine.”
Councilman Jeff Stone made a motion to have the town’s attorney at the next meeting to discuss amending the ordinance to be “more favorable to council and the law.”
Council will meet next at 6:30 p.m. May 21.
TWEET @DominionPostWV
