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About Bury Council Litter Enforcement
Bury Council, like any landowner, has a duty to clear its land and streets of litter and rubbish. We have six area-based Street Care Teams that work hard in each part of the Borough to make sure this duty is fulfilled. However, the Bury Metro 'No Excuses' litter education and enforcement campaign is all about everyone looking after our environment by reducing litter and promoting recycling. The aim of our campaign is to create a cleaner, safer, greener borough for all who live here, work here and visit the Borough. To help us achieve this we need your help.
What we need you to do
Follow the Litter Code:
- Promise never to drop litter - always put your litter in a bin.
- If you can't find a bin - take your litter home with you.
- Never drop chewing gum.
- Don't throw litter (or cigarette butts) out of a vehicle - take them home with you.
- Use a doggy bag or a carrier bag to pick up dog mess and use the bins provided or take it home with you.
- Don't dump unwanted belongings - go to Bulky Household Waste to arrange a collection of bulky items.
- Keep your own land tidy and litter-free - rubbish attracts rats and other pests.
What we are doing
- Ensuring that everyone in the Borough is aware that litter is an unsightly and costly problem to the Council Tax payers who have to pay for it to be cleared.
- Educating the public so that everyone knows it is illegal to drop litter.
- Visiting schools and colleges to raise awareness about litter and the environment.
- Placing anti-litter posters in shops, schools, colleges and public places.
- Promoting recycling of litter and waste.
- Providing bins with safe cigarette butt disposal.
- Persuading shops and businesses to keep their frontages clean.
- Introducing a robust enforcement regime that will tackle those who litter our neighbourhoods.
- Tackling landowners who allow the environment to become littered.
- Tracing owners of vehicles when litter is thrown from them.
- Issuing £50 fixed penalty notices to those who are caught littering the borough.
- Prosecuting those who fail to pay their fixed penalty and publicising the cases.
How you can report a problem with litter or request a visit to your School, College, Community Group or workplace?
If litter has built-up and become an eyesore Report a Problem or you would like to request a visit, Contact Customer Contact Centre Online.
The law relating to litter
We will use our powers to tackle those who drop litter and also those who neglect their land or contribute to litter problems, in the effort to keep the borough clean and safe.
Fixed Penalty Notices
In 2006 we ran the No Excuses Litter campaign to raise awareness about the environmental impact of littering and to warn people that fixed penalty notices were being introduced to deter litterbugs.
Under section 87 of the Environmental Protection Act 1990, it is a criminal offence to leave, drop or deposit litter an any land open to air. Litter includes chewing gum and cigarette butts.
We have powers under the above Act to issue Fixed Penalty Notices to people who commit the offence of depositing litter. The fixed penalty is £50 and must be paid in fourteen days. By paying the Fixed Penalty, the person is discharged of liability to conviction for the offence and that will be the end of the matter. Failure to pay the Fixed Penalty will result in the offender being prosecuted for the original littering offence where the fine can be increased up to £2,500.
Who can issue Litter Fixed Penalties?
Police, Council officers, Environmental Wardens, Police and Community Support Officers. Normally these officers will be in uniform, some authorised council officers will not be in uniform but may witness littering as they go about their day to day work and will still be able to issue a fixed penalty notice.
How can I pay?
Payments can be made at the Bury Town Hall Cashiers or at Area Housing offices. You can pay by cash, cheque or credit card. Detailed instructions are written on the back of the white copy of the notice. In some circumstances arrangements can be made to pay by instalments
Juveniles and littering
The age of criminal responsibility in this country is 10 years old, therefore anyone aged 10 or over can be prosecuted for littering. We take a zero tolerance approach to littering and as a result anyone aged 10 or older who is seen by an Environmental Enforcement Officer littering in the Borough will be issued with a fixed penalty notice. The officer will also obtain the parent's or guardian's details from the juvenile to ensure that they can be informed that their child has been issued with a fixed penalty.
Since October 2005 we have carried out a litter campaign with all local schools and colleges.
- All schools and colleges were given posters about littering and the £50 fines which could be issued.
- Presentations about litter were given to over 5,000 primary school children between November 2005 and February 2006.
- A further 3,500 secondary school children were also contacted through school councils and environmental events.
- Officers from the Council's Environmental Services spent several days in the two further education colleges in the area.
- Schools and colleges can request a visit by contacting the Litter Enforcement Team using the details given below.
Street Litter Control Notices
Under sections 93 and 94 of The Environmental protection Act 1990 local Authorities can prevent accumulations of litter and refuse in and around any street or open land adjacent to any street by issuing a Street Litter Control notice to businesses. Such notices are used where there is recurrent defacement of litter in or around food outlets, newsagents, cash machines etc. Usually the notice will require the business owner to provide litter bins and make regular litter picks around their premises.
We work in partnership with local businesses and will offer advice and support to local shops to help them keep the area around their property litter free. Problem areas are patrolled by the our Environmental Wardens and other enforcement officers who will issue Fixed Penalty notices to those who drop rubbish. The street care teams work extremely hard to keep the surrounding streets free from litter.
It is a criminal offence not to comply with a Street Litter Control notice. The maximum penalty upon conviction is £2,500. Failure to comply with such a notice also attracts a fourteen day fixed penalty.
Litter Clearing notices
Under section 92 of the Environmental Protection Act 1990 and where private land is defaced by litter, we can now serve Litter Clearing Notices on the occupiers or owners of land requiring them to clear it and take steps to prevent the area becoming defaced by litter again.
This action will only be taken where informal approaches have failed.
It is a criminal offence not to comply with a Litter Clearing Notice and failure to comply with the notice can also attract fixed penalty notices. We can also enter the land in order to clear it up and recharge all costs accordingly.
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