S. Taylor
Marion VA, May 13, 2025
MARION, Va. — As the Town of Marion prepares for a public hearing on its proposed trash ordinance—scheduled for June 16, 2025, at 5:30 p.m. in the Town Municipal Building—public criticism is intensifying. Concerns center on the ordinance’s rigid enforcement standards, lack of municipal accountability, and what some residents view as a broader case of government overreach with potential financial motives disguised as regulatory reform.
The proposed updates to Section 58 of the town’s Municipal Code introduce stricter rules for trash collection, including escalating fines, narrow compliance windows, and increased enforcement. However, critics argue the ordinance disproportionately burdens residents while shielding the town and its employees from responsibility.
The revised ordinance imposes firm deadlines: trash containers may not be placed curbside before 6:00 p.m. the evening prior to pickup, and must be removed by 6:00 p.m. the day of collection. Violations are subject to escalating fines as outlined:
- First Offense: Warning or unspecified fine
- Second Offense: $25
- Third Offense: $50
- Fourth Offense: $100
- Fifth and Subsequent Offenses: $250 each
Fines reset annually on June 30. Non-payment may result in a lien on the property, added charges to the resident’s water bill, or even a Class 4 misdemeanor.
These penalties apply regardless of whether residents are practically able to comply. Trash pickup times in many neighborhoods vary, with some collections occurring after 1:30 p.m. or later—making it difficult for those who work 12-hour shifts, night shifts, or travel for work to retrieve containers on time.
Mayor Avery Cornett proposed amending the ordinance at the last Town Council Meeting to give residents more flexibility in removing containers, citing diverse work schedules. However, his suggestion was firmly rejected by Councilman Larry Carter, who asserted that a “wife or son or daughter” should be available and called a 24-hour window “far-fetched.” Councilwoman Susie Jennings echoed this sentiment, suggesting that second-shift workers are typically home in the afternoon and pointed out “trash pickup is usually early in the day”—a claim that contradicts resident reports and known collection inconsistencies.
“This feels like it was written without consideration for how people actually live or maybe AI was used to write it,” one resident said.
Perhaps most contentious is the ordinance’s complete lack of accountability for sanitation workers. Despite complaints—including an incident in which a bag of trash was thrown at a truck, missed, and exploded all over the street—the ordinance contains no provisions for addressing errors or misconduct by sanitation workers resulting in spillage or strewn trash.
Vice Mayor Dr. James Gates stated that garbage trucks are equipped with cameras capable of recording incidents at the committee hearing as well as during the council meeting, However, no policy was outlined regarding how footage is reviewed, whether it is used to resolve disputes, or if any form of disciplinary action is taken when workers fail to meet standards. Furthermore, it was not mentioned in the proposed ordinance.
This omission stands in contrast to the Town of Marion’s own job description for Refuse Service Employees, which states that workers must:
- Empty all waste receptacles
- Return receptacles to residents’ property
- Follow safe operating practices
None of these responsibilities are acknowledged in the ordinance and no provision is made for strewn or dropped trash either in the proposed ordinance or the official job description. Instead, if a sanitation worker damages a receptacle or spills waste, the resident remains liable for cleanup—and may be fined if trash is left uncollected or visible.
Neighboring Abingdon, Virginia, offers a more balanced policy. Its ordinance specifically requires sanitation workers to clean up any spillage resulting from their collection duties. No similar clause exists in Marion’s proposal, a disparity that has fueled allegations that the town is more interested in policing residence for ordinance violations and collecting fines than ensuring service quality.
“It seems like they’re using this to fine people for things outside their control,” said a Marion homeowner. “If the town causes a problem, the resident pays. If the resident causes a problem, the resident still pays. Where’s accountability for the town in that?”
Further criticism was sparked during the May 2 committee meeting, when officials confirmed that employees would patrol neighborhoods before and after trash collection days to enforce the ordinance—prompting some to call the initiative more punitive than productive.
Although the town has now posted the proposed ordinance on its website (www.marionva.org, under “Public Notices”), transparency concerns persist. The ordinance grants the Town Council authority to adjust garbage collection fees and appliance disposal costs. It outlines fines and enforcement measures but lacks any clear process for contesting citations, raising concerns over due process and resident rights.
For many residents, the proposal appears less about improving sanitation and more about control and generating revenue.
“This is about more than garbage,” one longtime resident said. “It’s about how local power is being used. If the town wants accountability from us, we should expect the same from them.”
Unless the ordinance is amended to include clear accountability for town employees, reasonable accommodations for residents, and transparent mechanisms for dispute resolution, it risks triggering not only public resistance but potential legal challenges. More broadly, it may erode public trust in a local government already under scrutiny for how it engages—or fails to engage—with its citizens.
The public hearing is scheduled for June 16, 2025, at 5:30 p.m. at Town Hall. Until then, many residents say they remain uncertain whether their voices will be genuinely heard—or simply managed.
