COUNTY TRASH ORDINANCE NEEDS THOROUGH AIRING

The Cape Girardeau County Commission is concerned that is unable to force owners of property who leave trash on their land to clean up the mess, The commission is contemplating what to do about it.

The commission is considering an ordinance that would make it a crime for people to leave trash on their land unless it is kept more than 440 yards from neighbors' properties and public roads or alleys. Violation would be a Class A misdemeanor, and conviction could lead to a year in the county jail, a fine of up to $1,000 or both.

The ordinance was prepared at the request of the commission by Prosecuting Attorney Morley Swingle, who says the county has been powerless to address trash and litter problems on private property because of a lack of a law that prohibits it. The county has a nuisance-abatement officer, but the officer can't do anything to force people to clean up their rubbish..

State law prohibits littering along public roads and waterways or on state or federal land, but the law doesn't address trash problems on private property.

Rubbish-strewn land can pose more problems than an eyesore. It also can be a health hazard, and the commission is concerned.

The commission says it would hope to keep prosecutions to a minimum. The prosecutor said the county would hope that 95 percent of the trash problems could be resolved without having to charge people with a violation. But it might take the threat of having charges filed to make some people clean up their property.

The commission rightfully should be concerned about trash piling up on private property, particularly if it poses a health hazard. But is the problem so widespread that the county needs a law to stop it?

The commission plans to hold a public hearing on the matter before voting on it, and these are questions they should answer before taking a vote.

The commission is considering adoption of the litter law at a time when it is asking county voters to approve a countywide planning and zoning ordinance at the polls on April 4. That proposal follows one a few years ago in which voters defeated zoning and threw out countywide planning at the same time.

County officials have said they don't know whether the commission legally can adopt planning and zoning without submitting it to voters, but the commission says it wants voters to decide whether they want planning and zoning.

The commission might consider submitting the litter law to a vote of the people as well.