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Henry County adopts ordinance to penalize mud and debris left on county roads, with enforcement language to be clarified
Summary
Commissioners voted 3-0 to adopt an ordinance that fines property owners or operators who deposit mud or debris on county highways; the board asked staff to refine language to target hazards and to establish a consistent enforcement process and warning step before fines.
Henry County commissioners on Wednesday adopted a new county ordinance making persons and entities liable for mud, tracks or debris deposited on county highways. The board approved the measure by voice vote, 3-0, and directed staff to add clarifying language on enforcement and to provide an initial warning step before financial penalties are assessed.
Under the ordinance read to the board, a person who operates or owns a vehicle, tractor or other equipment that deposits mud or debris on a county highway — or who owns real estate from which such material is carried onto the highway — can be fined $100 for a first offense in a calendar year and up to $500 for subsequent offenses. The ordinance also makes responsible parties “jointly and severally” liable for the county’s actual costs of removing the debris, whether removed by county crews or by contractor.
Commissioners said the measure is intended to address a prolonged, localized problem in which repeated, heavy deposits of mud have created hazardous driving conditions on a specified stretch of county highway. Board members discussed concerns about inadvertently capturing routine farm operations (for example, brief tracking of dirt while equipment is moving in a field) and asked legal staff to add language that limits enforcement to situations where tracks, mud or debris “reasonably create a hazard for other vehicles or pedestrians.”
The board also asked staff to identify a single county office to handle complaints and notices so that enforcement is consistent; commissioners discussed using county highway staff, the sheriff’s office or the commissioners’ office for initial notifications. The board agreed the ordinance can be amended later if necessary.
A commissioner moved to adopt the ordinance contingent on those drafting changes; another commissioner seconded and the motion carried 3-0. The ordinance takes effect upon passage and the publication required by law.
