Memphis Code of Ordinances § 11-52-1 Vehicles to be constructed and loaded so as to prevent escape of load.
Sec. 11-52-1. - Vehicles to be constructed and loaded so as to prevent escape of load.
A. No vehicle shall be driven or moved on any street unless such vehicle is so constructed as to prevent its contents from dropping, shifting, leaking or otherwise escaping therefrom.
B. No owner, lessee, operator or driver shall load any vehicle with dirt, ashes, rubbish, debris, sand, gravel, wood chips or any other material that is capable of blowing or slipping from a vehicle as a result of movement or exposure to air, wind current or weather, in such a manner or to the extent that such load or a material can or will fall or drop from the vehicle to the street, and no vehicle so loaded shall be driven or conveyed through any street of the city.
C. All vehicles transporting dirt, ashes, rubbish, debris, sand, gravel, wood chips or any other such material shall be loaded so that the top of the load making contact with any sideboard or side panel or front or rear part of the enclosure must not be within six inches of the top of the part of the enclosure contacted, and at no time shall the load exceed the six inches as stated in this section during transportation of load without being covered.
D. Subsection (C) of this section does not apply to any load-carrying compartment that completely encloses the load or to the transporting of any load that is otherwise suitably covered or secured by other means which prevents the escape of loose material.
E. It is unlawful for any person to use a motor vehicle to dispose of, or cause to be disposed of, any garbage, rubbish or other waste materials not suitable for fill purposes on any property other than a garbage dump or sanitary landfill, so designated by the city.
F. In any prosecution charging a violation of any provision of this section, proof that the particular vehicle described in the complaint or summons was used in violation of this section, together with proof that the defendant named in the complaint or summons was, at the time of the violation, the registered owner of such vehicle, or in the case of a lease, the lessee of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle, or the lessee of such vehicle, as the case may be, was the person in control of such vehicle at the time of such violation, or that such vehicle was at such time being used or operated at his or her instruction and direction, and in his or her behalf.
G. Any person found to have violated this section by a judge of the city court shall be subject to punishment as provided in section 1-24-1.
(Code 1967, § 23-124; Code 1985, § 21-342; Ord. No. 737, § 1, 6-23-1970; Ord. No. 1447, § 1, 9-19-1972; Ord. No. 1519, §§ 1, 2, 12-19-1972)
