Litter
Make an impact by participating in Trash for Cash, the Annual River Sweep, and Community Service events!
Quit the Littering/Anti-Littering Facts
Litter Topics:
Students are asked to base their drawings on the facts and questions below and to incorporate their own ideas for the 'Quit the Littering!' Calendar Contest (K-5) and Anti-Littering Street Sign Contest (9-12).
- Litter comes from people in cars. Have you ever seen anyone throw garbage out of car? Did it make a mess?
- Litter comes from people walking. People can sometimes leave garbage on the ground when they are too lazy to find a trash can.
- Litter comes from trash set at the curb. On trash day, people take their garbage to the curb. If the garbage isn't in a can with a lid, wind or animals can tear the bag open and spread the trash around.
- Litter comes from construction sites. When building homes and businesses, some construction workers leave garbage on the ground.
- Litter comes from dumpsters that are full and overflowing. If trash falls out of a dumpster, it gets spread by wind and animals.
- Litter comes from trucks. Garbage and other items can fall or blow out of the back of trucks onto our roads and yards.
- Why is litter bad? Show us how litter looks ugly in our community! It is expensive to clean up, hurts the environment, and is illegal!
- What would you tell a litterbug? Show us what you think of them!
- Who gets hurts by litter? Plants, animals, aquatic life, and people can get hurt by litter. For example, birds sometimes eat cigarette butts thinking they are food.
- What would it be like if everybody littered? Can you imagine what our community and world would look like if no one cared?
- How can we stop litter? What are some ways to clean our community?
Laws on Littering
Kentucky Laws
KRS 189 - Traffic Regulations — Vehicle Equipment and Storage
KRS 189.754 - Removal of injurious substance from highway
Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.
Effective: July 15, 1980
History: Created 1980 Ky. Acts ch. 49, sec. 5, effective July 15, 1980.
KRS 433.753 - Criminal littering on public highway — Rewards for information
(1) When any paper, waste material, litter, or other refuse is thrown or dropped from a motor vehicle, the operator thereof shall be deemed prima facie to be guilty of criminal littering.
(2) It shall be the duty of the Department of Kentucky State Police, county sheriffs and police officers, solid waste coordinators appointed by a county or waste management district, city police officers, and all other law enforcement and peace officers within their respective jurisdictions, to enforce the criminal littering laws and the provisions of KRS 224.40-100.
(3) Any city or county may offer and pay rewards for the giving of information leading to the arrest and conviction of any person, firm, or corporation for commission of the offense of criminal littering.
(4) Violators may prepay to the Circuit Court clerk if prepayment is so noted on the citation and if the littering offense is not combined with an offense that is not prepayable.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 316, effective June 26, 2007. — Amended 2002 Ky. Acts ch. 342, sec. 8, effective July 15, 2002. — Amended 1974 Ky. Acts ch. 406, sec. 332. — Created 1966 Ky. Acts ch. 23, sec. 77.
KRS 433.757 - Littering public waters — Reward for information
(1) When any litter as defined in KRS 512.010 is thrown or dropped from a motorboat or vessel as defined in KRS 235.010, the operator thereof shall be deemed prima facie to have violated KRS 512.070.
(2) It shall be the duty of officers of the Department of Fish and Wildlife Resources as provided in KRS 235.010 and KRS Chapter 150 and all other law enforcement and peace officers of the Commonwealth and its political subdivisions and solid waste coordinators to enforce the provisions of KRS 512.070.
(3) Any city or county may offer and pay rewards for the giving of information leading to the arrest and conviction of any person, firm, or corporation for a violation of KRS 512.070.
(4) Violators may prepay to the Circuit Court clerk if prepayment is so noted on the citation and if the littering offense is not combined with an offense that is not prepayable.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 342, sec. 9, effective July 15, 2002. — Amended 1998 Ky. Acts ch. 23, sec. 17, effective July 15, 1998. — Amended 1974 Ky. Acts ch. 292, sec. 25; and ch. 406, sec. 323. — Amended 1972 Ky. Acts ch. 273, sec. 7. — Created 1966 Ky. Acts ch. 23, sec. 78.
KRS 512 - Criminal Damage to Property
KRS 512.070 - Criminal littering. — Local governments may classify criminal littering as civil offenses
(1) A person is guilty of criminal littering when he:
(a) Drops or permits to drop on a highway any destructive or injurious material and does not immediately remove it; or
(b) Knowingly places or throws litter on any public or private property or in any public or private water without permission; or
(c) Negligently places or throws glass or other dangerous pointed or edged substances on or adjacent to water to which the public has access for swimming or wading or on or within fifty (50) feet of a public highway; or
(d) Discharges sewage, minerals, oil products, or litter into any public waters or lakes within the state.
(2) Criminal littering is a Class A misdemeanor.
(3) Violators may prepay to the Circuit Court clerk if prepayment is so noted on the citation and if the littering offense is not combined with an offense that is not prepayable.
(4) Notwithstanding any language or provision of this section or KRS 65.8808(3) to the contrary, the legislative body of a local government may, by ordinance, choose to classify the offenses proscribed in subsection (1) of this section as civil offenses in accordance with KRS 65.8808.
Effective: January 1, 2013
History: Amended 2012 Ky. Acts ch. 63, sec. 9, effective January 1, 2013. — Amended 2002 Ky. Acts ch. 342, sec. 10, effective July 15, 2002. — Amended 1982 Ky. Acts ch. 145, sec. 1, effective July 15, 1982. — Created 1974 Ky. Acts ch. 406, sec. 111, effective January 1, 1975.
Boone County Ordinances
Ordinance 97 - Streets and Sidewalks
(A) Unlawful to deposit materials on county roads or right-of-way. It shall be unlawful for any person(s), corporation, association or other entity to deposit or cause to be deposited, mud, soil and/or debris on county roads or the right-of-way of any county road whether directly or indirectly, with or without the use of vehicular or mobile equipment, without the written consent of the Director of Public Works.
(D) County clean-up at expense of violating party. Unless immediate corrective action is taken, the county, through the Public Works Department, may remove or clean the mud, soil and/or debris from the county road and/or right-of-way and any such removal or cleaning by the county under this section shall be at the expense of the violating party, jointly and severally, including, but not necessarily limited to, the developer, builder, contractor and/or home owner of the subject property. The Public Works Department shall issue a bill for the actual cost incurred. This bill must be paid in full within 10 days of the date of issue. Failure to pay this bill shall result in the county having a lien on the owner's land from which the mud, soil or debris was caused, directly or indirectly, to be deposited on the county road and/or right-of-way.
ORD 97.99 - Penalty
Report a Litterbug
Laws on Illegal Dumping
Kentucky Laws
KRS 224 - Waste — Generalities
KRS 224.40-100 – Disposal at other than permitted site or facility prohibited — Open dump prohibited — Exception — Compliance with regulations required — Damages for noncompliance
(1) No person shall transport to or dispose of waste at any site or facility other than a site or facility for which a permit for waste disposal has been issued by the cabinet. Upon request, any transporter of waste shall receive from the cabinet a current list of permitted waste disposal sites or facilities and shall be subsequently notified of any new permits or changes in the status of permits for waste disposal sites and facilities in the Commonwealth.
(2) The use of open dumps is prohibited except in the case of an open dump which is under a timetable or schedule for compliance approved by the cabinet. The cabinet may enjoin the operation of any open dump which does not have a timetable or schedule of compliance approved by the cabinet.
(3) The cabinet may require any person who violates this section or KRS 224.40-305 to take appropriate response actions to close and reclaim or upgrade open dumps to comply with applicable administrative regulations adopted by the cabinet. If a demand for response action is not implemented within a time period specified in a demand or timetable or schedule for compliance issued or approved by the cabinet, the cabinet may enjoin the operation of the open dump and restore the site.
(4) Except as provided in KRS 224.43-020, the cabinet may assess any person who violates this section by failing to take appropriate actions to close and reclaim or upgrade open dumps, damages in an amount equal to the cost of closure as estimated by the cabinet. The money collected shall be placed in the agency account established under KRS 224.40-650(4) to be used for the site closure and restoration. Any money remaining after site closure and restoration from the amount assessed shall be returned to the person against whom any assessment was made.
Effective: February 26, 1991
History: Amended 1991 (1st Extra. Sess.), Ky. Acts ch. 12, sec. 35, effective February 26, 1991. — Amended 1986 Ky. Acts ch. 172, sec. 2, effective July 15, 1986. — Amended 1980 Ky. Acts ch. 284, sec. 3, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 113, sec. 7, effective June 17, 1978. — Created 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 13, effective January 1, 1973. Formerly codified as KRS 224.835 and also previously codified as 224.255.
KRS 224.40-305 – Necessity of permit
No person shall establish, construct, operate, maintain, or permit the use of a waste site or facility without first having obtained a permit from the cabinet pursuant to this chapter and administrative regulations adopted by the cabinet.
Effective: February 26, 1991
Boone County Ordinances
ORD 50.043 - Prohibited Practices
Ordinance 92 – Discarded Items
ORD 92.01 –Definition
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DISCARDED ITEMS. This term includes, but is not limited to, items for or used in recycling, motor vehicles, auto body parts, tires, boats, home appliances and furniture in a dilapidated or apparently inoperable condition and left in open storage or discarded on private property for more than three consecutive days. This definition shall not apply to the following:
(1) Any discarded item or part thereof which is enclosed within a building, such as a garage or other fully enclosed accessory building.
(2) Any discarded item not visible from an adjacent or abutting property owner, street, road, or public park.
(3) Any discarded item stored on private property in a lawful manner in connection with the licensed business of auto body, auto repair, dismantler, vehicle dealer, and junk or salvage yard, provided that outside storage of discarded items be within a privacy fence or dumpster area and not on the grass, or yard.
(4) The preceding exceptions shall not authorize the maintenance of a public or private nuisance as defined by law.
(Ord. 1010.14, passed 8-29-95)
ORD 92.02 – Discarded items on person’s own property prohibited
(A) The Fiscal Court finds that the practice of some property owners within the unincorporated areas of the county of allowing discarded items to remain on their property, constitutes a detriment of the welfare and convenience of the residents of the county, and affects the economic development of the county. Therefore, it is the public policy of this county to prohibit the keeping of discarded items on private property within the unincorporated limits of the county, and such discarded items are hereby declared to be public nuisances.
(B) Any law enforcement officer, including the County Code Enforcement Officer or his or her designee, who knows, sees or otherwise has knowledge that a property owner has allowed a discarded item(s) to remain on his or her property in violation of this chapter, shall issue a citation to such person ordering him to appear before the District Court.
(Ord. 1010.14, passed 8-29-95) Penalty, see § 92.99
ORD 92.03 – Discarding items on property of another prohibited
No person shall place, leave, deposit or otherwise undertake to dispose of any discarded item upon any private property or upon any public property or right-of-way within the county. Any person whose property lies within the unincorporated areas of the county may file a complaint.
(Ord. 1010.14, passed 8-29-95) Penalty, see § 92.99
ORD 92.04 – Authority of county to remove discarded items; lien
(A) If, after a finding by the District Court that any person is in violation of this chapter, the county, through its enforcement officers, shall issue to the person by certified mail an order to remove or properly store the discarded items. The order shall allow the property owner 10 days to remove or properly store the discarded items. The 10-day period shall commence with the mailing of the order. Removal or proper storage of the discarded items will be at the property owner’s expense.
(B) If, after the 10-day period has expired the discarded items have not been removed or properly stored, and the District Court order has not been appealed, then the county shall have the authority to enter upon the property and remove any and all discarded items. The cost to the county of removing the discarded items shall be at the property owner's expense. The county shall bill the property owner for the costs, and the property owner shall have 10 days to pay in full. The 10-day period shall commence with the date of the billing. If the bill is not paid within 10 days, the county may at its option place a lien on the real property with the County Clerk, for the actual cost of removal of the discarded items. The lien shall bear interest at the rate of 10% per annum, and shall be enforceable as a real property lien under Kentucky law, including foreclosure for collection on the lien.
(Ord. 1010.14, passed 8-29-95)
ORD 92.99 – Penalty
(A) Any person who violates the provisions of § 92.02 of this chapter shall be deemed guilty of a misdemeanor and fined not less than $100 nor more than $500 or imprisoned for up to three days in the County Jail or both fine and imprisonment, and each day that a violation occurs shall constitute a separate offense. The fine or imprisonment or portion thereof may be probated or conditionally discharged should continue monitoring or review be deemed necessary.
(B) Any person who violates the provisions of § 92.03 of this chapter shall be deemed guilty of a misdemeanor and fined not less than $250 nor more than $500 or imprisoned for up to three days in the County Jail or both fine and imprisonment, and each day that a violation occurs shall constitute a separate offense. The fine or imprisonment or portion thereof may be probated or conditionally discharged should continue monitoring or review be deemed necessary.
(Ord. 1010.14, passed 8-29-95)
(A) Unlawful to deposit materials on county roads or right-of-way. It shall be unlawful for any person(s), corporation, association or other entity to deposit or cause to be deposited, mud, soil and/or debris on county roads or the right-of-way of any county road whether directly or indirectly, with or without the use of vehicular or mobile equipment, without the written consent of the Director of Public Works.
(E) Stop work order. It shall be unlawful to violate the conditions and restrictions of a county "stop work" order at any time. Each day that such a violation occurs or continues to occur shall be considered a separate violation for which the violator shall be penalized under the provisions of this chapter.
ORD 97.99 - Penalty
Report an Illegal Dump
Illegal Burning
Open burning activities in Boone County are permitted during October 1st - April 30th of each year. Burn bans are in effect during May 1st - September 30th. Occasionally, there are other times where burn bans are in effect and can be seen here. Know before you burn.
Open burning activities permitted all-year round:
- Fires for cooking
- Recreational and ceremonial fires
- Construction site warming fires - contained, lumber only
- Fires set for recognized agricultural practices
- Prescribed burning for forest, range, ecological, or wildlife management - burn boss must be present
- Approved firefighter training
- Fires set for the prevention of a fire hazard
- All activities listed above
- Fires set for weed abatement, disease, and pest prevention
- Fires set to dispose of natural growth from land clearing and storms
- Fires for disposal of household paper products
**All of these activities are illegal during May 1st - September 30th
NEVER burn the following:
Animal bedding | Hay | Muck piles | Grass clippings | Agricultural plastic |
Any structures (barns, sheds, trailers, etc.) | Asbestos | Construction, demolition, or renovation debris | Shingles | Drywall |
Food scraps | Plastic or plastic-containing products | Cans | Glass | Styrofoam |
Diapers | Fence posts | Wood mulch, chips, or shavings | Sawdust | Painted, stained, or pressure-treated wood |
Tires | Furniture | Carpeting | Insulation | Coated wire |
Rubber | Used oil | Waste from any business, school, church or farm | Appliances | Poison ivy, oak, or sumac |
Alternatives to burning:
- Recycling
- Reusing
- Composting
- Taking to the landfill for proper disposal
Report illegal burning
Local Fire Departments
- Belleview/McVille Fire Department: 859-586-6060
- Burlington Fire Protection District: 859-586-6161
- Florence Fire & EMS Department (Weaver Road): 859-647-5660
- Florence Fire Department (Ewing Boulevard): 859-647-7206
- Hebron Fire Protection District (North Bend): 859-586-9009
- Hebron Fire Protection District (Graves Road): 859-586-2253
- Petersburg Fire Department: 859-586-8030
- Point Pleasant Fire Protection District: 859-283-2798
- Union Fire Department: 859-384-3342
- Verona Fire Department: 859-493-0000
- Walton Fire Protection District (Towne Center Drive): 859-485-7439
- Walton Fire Protection District (Shorland Drive): 859-485-7741
Kentucky Administrative Regulations
401 KAR - Energy and Environment Cabinet - Department for environmental protection
401 KAR 63:005. Open burning.
Section 3. Prohibition of Open Burning. Except as provided in Sections 4 and 5 of this administrative regulation, open burning shall be prohibited.
Section 4. Allowable Open Burning. Subject to the limitations contained in this section and the restrictions contained in Section 5 of this administrative regulation, open burning shall be allowed for:
(1) Fires set for the cooking of food for human consumption;
(2) Fires set for recreational or ceremonial purposes;
(3) Small fires set by construction and other workers for comfort heating purposes if:
(a) The ambient temperature is below fifty (50) degrees Fahrenheit;
(b) Excessive or unusual smoke is not created;
(c) Only clean lumber or vegetative matter is burned; and
(d) The fire is burned in a container not exceeding fifty-five (55) gallons in size;
(4) Fires set for the purpose of weed abatement, disease, and pest prevention;
(5) Fires set for prevention of a fire hazard, including the disposal of dangerous materials if no safe alternative is available;
(6) Fires set for the purpose of instruction and training of public and industrial employees in the methods of fighting fires as set forth in Section 6 of this administrative regulation;
(7) Fires set for recognized agricultural, silvicultural, range, ecological, and wildlife management practices;
(8) Fires set by individual homeowners for burning of leaves except in cities greater than 8,000 population located in a Priority I Region;
(9) Fires for disposal of household rubbish, which shall not include garbage, originating at dwellings of five (5) family units or less, if the fires are maintained by an occupant of the dwelling at the dwelling, except in cities greater than 8,000 population located in a Priority I Region;
(10) Fires set for the purpose of disposing of accidental spills or leaks of crude oil, petroleum products or other organic materials, and the disposal of absorbent material used in their removal, if no other economically feasible means of disposal is available and practical. Per-mission shall be obtained from the cabinet prior to burning;
(11) Fires set for disposal of natural growth for land clearing and maintenance, and trees and tree limbs felled by storms if no extraneous materials, such as tires or heavy oil which tend to produce dense smoke, are used to cause ignition or aid combustion and the burning is done on days when conditions do not pose a threat of igniting a forest fire. In regions classified Priority I, with respect to particulate matter pursuant to 401 KAR 50:020, Appendix A, the emissions from these fires shall not be equal to or greater than forty (40) percent opacity;
(12) Heating ropes that are set on fire to repair steel rails during cold weather; and
(13) Fires set by county or municipal governments to dispose of wood waste or clean lumber. This activity shall not be considered in violation of 401 KAR 47:030, Section 10.
Section 5. Restrictions to Open Burning. (1) For those counties, or portions of counties, which are, or were previously, designated moderate non attainment for the one (1) hour ozone or non attainment for the National Ambient Air Quality Standards (NAAQS) PM10 or those counties, or portions of counties, which are, or were designated non attainment for the eight (8) hour ozone or PM2.5 national ambient air quality standards, pursuant to 401 KAR 51:010, fires may be set in accordance with this administrative regulation except during the months of May, June, July, August, and September. During these months, the only open burning activities al-lowed shall be:
(a) Fires set for the cooking of food for human consumption;
(b) Fires set for prevention of a fire hazard, including disposal of dangerous materials if no safe alternative is available;
(c) Fires set for the purpose of bona fide instruction and training of public and industrial employees in the methods of fighting fires;
(d) Fires set for recognized agricultural, silvicultural, range, ecological, and wildlife management practices;
(e) Fires set for the purpose of disposing of accidental spills or leaks of crude oil, petroleum products or other organic materials, and the disposal of absorbent material used in their removal, if no other economically feasible means of disposal is available and practical. Permission shall be obtained from the cabinet prior to burning; and
(f) Fires set for recreational or ceremonial purposes.
(2) Open burning shall comply with the fire hazard season requirements of KRS 149.400.
(3) Open burning for land clearing purposes associated with residential, commercial, or industrial development shall be limited to a maximum of two (2) contiguous acres at any one (1) time.
(4) This administrative regulation shall not authorize open burning that is prohibited by any local ordinance.
Section 6. Procedures for Fire Training. Burning conducted in conjunction with training for public, private and industrial firefighters shall be subject to the following criteria:
(1) Excluding fire training that has been approved by the Kentucky State Fire Marshal, or which has been certified by the Kentucky State Fire Commission, or which is conducted in accordance with standards adopted by the National Wildfire Coordinating Group, any entity in-tending to conduct fire training shall submit written notification to the local Division for Air Quality regional office a minimum of fifteen (15) days prior to the scheduled training. The writ-ten notification shall state the location and the date of the proposed fire training, the name and contact information for the on-site training coordinator, the number of firefighters to be trained, the goals and the objectives of the training, and a brief summary of what is to be taught.
(2) Any materials that contain asbestos shall not be burned.
(3) Materials likely to produce hazardous or toxic emissions shall be removed prior to the fire training burning event, to the extent practicable, and properly disposed.
(4) Excluding fire training approved by the Kentucky Division of Forestry or the Kentucky State Fire Marshal, or which has been certified by the Kentucky State Fire Commission, or which is conducted in accordance with standards adopted by the National Wildfire Coordinating Group, entities conducting fire training shall be limited to one burning event related to training per year for every ten firefighters under their supervision.
(5) Excluding fire training approved by the Kentucky Division of Forestry or the Kentucky State Fire Marshal, or which has been certified by the Kentucky State Fire Commission, or which is conducted in accordance with standards adopted by the National Wildfire Coordinating Group, between May 1 and September 30, fire training shall not be conducted in any counties, or portions of counties, which are, or were previously, designated moderate non attainment for ozone, or designated, or previously designated, non attainment for the eight (8) hour ozone or PM2.5 (particulate matter) national ambient air quality standard, pursuant to 401 KAR 51:010. (5 Ky.R. 510; eff. 6-6-1979; 10 Ky.R. 634; eff. 3-1-1984; 24 Ky.R. 654; 1299; eff. 1-12-1998; 31 Ky.R. 1354; 32 Ky.R. 63; eff. 7-13-2005; Crt eff. 9-12-2018.)