Sarah Taylor
Marion VA, May 6, 2025
The Town of Marion is moving forward with proposed changes to Section 58 of its Municipal Code, which outlines the town’s regulations on trash collection and receptacle requirements. The updated ordinance, discussed during a committee meeting on May 2, 2025, includes stricter rules for residents, a revised fine schedule, and adjustments in how garbage collection and disposal fees are managed.
The committee meeting at the Town of Marion Municipal Building was relocated from a small office to the upstairs Town Council Meeting Room to accommodate three members of the public who attended. The meeting appeared to be planned with no expectation of public attendance, which raised questions about transparency.
Committee Chair Todd Long read through the draft ordinance, which included strikethroughs for removed sections and highlighted additions. Town Manager Billy Hamm was present, and Council Members Dr. James Gates and Susie Jennings arrived later in the meeting. Printed copies of the ordinance were provided to attendees, and discussion was held regarding enforcement mechanisms.
It was noted that town personnel will be responsible for monitoring neighborhoods for violations. Enforcement would include checks before 6:00 p.m. the night prior to trash collection, and again after trash has been picked up after 6:00 p.m. on the day of pickup.
One of the primary updates under Article II, Collection by Town/Receptacles Required (Section 58-31), requires residents to place their trash in containers no larger than 30 gallons, or in sealed or closed cardboard boxes of sufficient strength to hold the contents. The ordinance also specifies new time restrictions:
- Trash receptacles may not be placed curbside until after 6:00 p.m. the evening before collection.
- Empty containers must be removed from the curb prior to 6:00 p.m. on the day of collection.
The ordinance does not currently include exemptions for residents whose work schedules may prevent compliance with these strict time windows and that was not a matter of discussion. Mr. Long did mention that a council member had come to him with a concern about a church who places their trash out on Sundays with their trash pickup being on Monday, however, they were asking to place trash curbside at 2PM on Sunday. Susie Jennings stated the Council must be consistent and apply the ordinance to everyone consistently. There was no other provision made for the request from the church and the discussion of that matter concluded with the solution that they would have to find someone to return to the church at 6PM or later on Sundays and put trash curbside.
A structured fine schedule has been introduced to address repeated violations of the ordinance. The fines are categorized as Class 4 misdemeanors, and escalate with each offense:
- First Offense: Warning or unspecified fine
- Second Offense: $25
- Third Offense: $50
- Fourth Offense: $100
- Fifth Offense: $250
- Each Additional Offense Thereafter: $250 per violation
All fines reset annually on June 30. Failure to pay any issued fine may result in a lien on the property or the fine being added to the resident’s monthly water bill.
Enforcement will include town employees driving through neighborhoods prior to and after trash collection times to monitor compliance with no specific employees being identified as being enforcement officers. Citations may be issued for violations such as using non-compliant receptacles even though the town does not provide receptacles, failure to clean up spilled trash, or leaving containers out past allowed hours.
The revised ordinance places responsibility on residents to maintain cleanliness in and around their property. Specifically, if trash becomes strewn due to wind or torn bags—regardless of how it happened—residents must retrieve and remove it, including any debris on adjoining properties. If an airtight plastic trash bag tears during collection because it was not durable enough, the ordinance mandates that the resident clean up the mess. The town’s sanitation crew will not collect the spilled trash until the following week’s scheduled pickup.
The revised ordinance gives the Town Council the authority to set fees for both major appliance disposal and general garbage collection. This flexibility allows the Council to adjust fees as needed presumably without requiring separate legislative changes. The current garbage collection fee is at $17 per household, per month.
During the public comment portion of the meeting, one resident raised concerns regarding the lack of accountability for sanitation workers. The resident cited multiple instances in which trash collection employees damaged trash cans or left debris behind. A notable example involved a sanitation worker who threw a trash bag with such force that it missed the target, hit the side of the trash truck, burst open, spilling used cat litter. The resident emphasized that the incident was clearly caused by the town employee’s irresponsible actions, yet the ordinance assigns no responsibility to sanitation staff for such incidents.
Vice Mayor Dr. James Gates responded that all trash trucks are equipped with cameras, allowing the town to review footage of incidents. However, he did not address whether the ordinance includes any formal expectations or accountability standards for the sanitation crew. As it stands, the ordinance places full responsibility for trash-related issues on residents, without providing a clear mechanism for reporting or resolving performance issues involving municipal workers.
This lack of worker accountability has drawn criticism and numerous complaints, particularly since residents pay monthly fees for this service. It is reasonable to say the ordinance creates an imbalance, holding homeowners to strict standards without reciprocating obligations on the town’s part.
Following the committee meeting, the full revised ordinance was expected to be posted to the Town of Marion’s official website at www.marionva.org. However, as of this writing, no such posting has been located. The ordinance is expected to proceed to a formal public hearing, after which a vote will be taken by the Marion Town Council.
At the May 5, 2025, Town Council meeting, the proposed ordinance was again discussed, with Mayor Avery Cornett requesting that the language be modified to allow residents more flexibility in retrieving their trash containers after collection. It currently specifies trash cans must be brought away from the curb by 6PM the day of your trash pickup.
His recommendation was aimed at accommodating individuals with varied work schedules, travel obligations, or other circumstances that may prevent compliance with the current time restrictions and make it easier to comply with the ordinance.
Councilman Larry Carter, who recently returned to the council following the April special elections, strongly opposed the mayor’s suggestion. Carter insisted the ordinance remain as written and presented by the committee. He argued, raising his voice, that many people work from home “Surely the wife or a teenage boy or girl can get it.” And continued “You have to have a time limit; 24 hours is a little far fetched in my book.”
Councilwoman Susie Jennings, who is on the ordinance committee that met Friday about the newly proposed ordinance also chimed in and added “Even the people who work 2nd shift that we talked about, they are home until 2 or 3 o clock in the afternoon and garbage is always picked up in the early morning.” This is contrary to the fact that some trash pickup doesn’t happen until 1:30 p.m. or later in some neighborhoods on a regular basis and at times, fails to adhere to any specific schedule.
During the meeting, a public hearing date was set for June 16, 2025, regarding the ordinance. However, no specific time or location for the hearing was provided during the meeting. Committee Chair Todd Long stated at both the May 2 committee meeting and the May 5 council meeting that the full text of the ordinance would be made available on the Town of Marion’s website for a 30-day public review period.
