CHAPTER 94
LITTER
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94.01 Definitions 94.02 Litter in public places 94.03 Placement of litter in receptacles so as to prevent scattering 94.04 Throwing litter from vehicles 94.05 Trucks causing litter 94.06 Hauling dirt, sand, and the like over streets or alleys 94.07 Permitting oils and the like to spill upon asphalt pavement 94.08 Dropping litter from aircraft 94.09 Sweeping litter into gutters and streets; merchants 94.10 Cleansing goods in street or public place Private Property; Clean Conditions 94.20 Litter collection in storage areas 94.21 Collection and securing of litter before it is carried from premises |
94.22 Neglected premises visible to the public 94.23 Unemptied garbage containers 94.24 Areas around business premises 94.25 Loading or unloading docks 94.26 Construction sites 94.27 Notice to remove litter 94.28 Action upon noncompliance 94.29 Liability for expense of removal by city Commercial and Noncommercial Handbills 94.40 Distribution in public places 94.41 Placing on vehicles 94.42 Depositing or distributing at private premises 94.43 Posting in public places or on private property
94.98 Equitable relief 94.99 Penalty |
§ 94.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIRCRAFT. Any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word AIRCRAFT shall also include helicopters and lighter-than-air dirigibles and balloons.
AUTHORIZED PRIVATE RECEPTACLE. A litter storage and collection receptacle as required and authorized in this chapter.
COMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature:
What advertises for sale any merchandise, product, commodity, or thing;
Which directs attention to any business, mercantile, or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales;
Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; or
Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertising or distributor.
GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.
LITTER. Any uncontainerized man-made or man-used waste which, if deposited within the city otherwise than in a litter receptacle, tends to create a danger to public health, safety, and welfare, or to impair the environment of the people of the city. LITTER may include, but is not limited to, any garbage, trash, refuse, confetti, debris, grass clippings or other lawn or garden wastes, newspaper, magazines, glass, metal, plastic or paper container or other construction material, motor vehicle parts, furniture, oil, carcass of a dead animal, or nauseous or offensive matter of any kind, or any object likely to injure any person or create a traffic hazard.
NEWSPAPER. Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation and any newspaper filed and recorded with the recording officer as provided by general law and, in addition thereto, any periodical or current magazine regularly published with not less than four (4) issues per year and sold to the public.
NONCOMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definitions of a commercial handbill or newspaper set out in this section.
PRIVATE PREMISES. Any dwelling, house, building, or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
PUBLIC PLACE. Any and all streets, sidewalks, boulevards, alleys, or other public ways and any and all public squares, space grounds, and buildings, and all city parks and cemeteries.
REFUSE. All putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, and solid market and industrial wastes.
RUBBISH. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, construction materials, concrete, asphalt, and other paving materials, tin cans, yard clippings, wood, tree trunks, tree limbs, glass, bedding, crockery, and similar materials.
VEHICLE. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway.
(Am. Ord. 1458, passed 6-17-85)
§ 94.02 LITTER IN PUBLIC PLACES.
No person shall throw or deposit litter in or upon any street, sidewalk, or other public place within the city, except in public receptacles or in authorized private receptacles for collection. Penalty, see § 94.99
§ 94.03 PLACEMENT OF LITTER IN RECEPTACLES SO AS TO PREVENT SCATTERING.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk, or other public place. Penalty, see § 94.99
§ 94.04 THROWING LITTER FROM VEHICLES.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city. Penalty, see § 94.99
§ 94.05 TRUCKS CAUSING LITTER.
No person shall drive or move any truck or other vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load or contents of litter from being blown or deposited upon any street, alley, or other public place; nor shall any person drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street, alley, or other public place mud, dirt, sticky substances, or foreign matter of any kind. Penalty, see § 94.99
§ 94.06 HAULING DIRT, SAND, AND THE LIKE OVER STREETS OR ALLEYS.
All persons hauling dirt, sand, gravel, cinders, or other materials or any waste matter on streets or alleys shall so construct and maintain their vehicles as at all times to prevent the spilling of such material or matter from the same. Penalty, see § 94.99
§ 94.07 PERMITTING OILS AND THE LIKE TO SPILL UPON ASPHALT PAVEMENT.
No person shall spill any turpentine, kerosene, gasoline, benzine, naphtha, coal oil, or any product thereof or any oil used for lubricating, illuminating, or fuel purposes or allow any of such fluids to escape to or upon any asphalt pavement of the city; or operate or permit to be operated any tank wagon or other vehicle from which any of such fluids are permitted to escape. Penalty, see § 94.99
§ 94.08 DROPPING LITTER FROM AIRCRAFT.
No person in an aircraft shall throw out, drop, or deposit within the city any litter, handbill, or any other object. Penalty, see § 94.99
§ 94.09 SWEEPING LITTER INTO GUTTERS AND STREETS; MERCHANTS.
No person shall sweep into or deposit in any gutter, street, or other public place within the city, the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
No person owning or occupying a place of business shall sweep or deposit in any gutter, street, or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the city shall keep the sidewalk in front of their business premises free of litter.
Penalty, see § 94.99
§ 94.10 CLEANSING GOODS IN STREET OR PUBLIC PLACE.
No person shall wash, rinse, cleanse, or cause or procure to be washed, rinsed, or cleansed any cloth, yarn, or garment in any street or public place in the city. Penalty, see § 94.99
PRIVATE PROPERTY; CLEAN CONDITIONS
§ 94.20 LITTER COLLECTION IN STORAGE AREAS.
Every owner, occupant, or lessee of a house or building used for residence, business, or commercial purpose shall maintain litter collection and storage areas in a clean condition and insure that all litter is properly containerized. Failure to so maintain clean litter collection in storage areas shall constitute a violation of this section. Penalty, see § 94.99
§ 94.21 COLLECTION AND SECURING OF LITTER BEFORE IT IS CARRIED FROM PREMISES.
All litter that is subject to removal by the elements shall be secured by the owner of the premises where it is found before the same is allowed to be removed by the elements to adjoining premises. Penalty, see § 94.99
§ 94.22 NEGLECTED PREMISES VISIBLE TO THE PUBLIC.
It shall be the duty of any person owning or controlling a house or other building or premises, including vacant lots visible from any public place or private premises, to maintain such premises in a reasonably clean and orderly manner and to a standard conforming to other orderly premises in that vicinity. It shall be a violation of this section to abandon, neglect, or disregard the condition or appearance of any premises so as to permit it to accumulate litter thereon. Penalty, see § 94.99
§ 94.23 UNEMPTIED GARBAGE CONTAINERS.
It shall be unlawful for any person who is in control of any premises upon which is located or on whose behalf there is maintained any container of refuse, waste, or garbage which has been containerized in accordance with the contract for its removal to allow that refuse, waste, or garbage to remain uncollected beyond the date provided by the contract for its collection and removal; or in any case, to allow the container to remain unemptied for longer than fourteen (14) days; or in any case, until after that refuse, waste, or garbage creates any condition which is offensive to persons upon any private premises or public place. Penalty, see § 94.99
§ 94.24 AREAS AROUND BUSINESS PREMISES.
The owner or person in control of any public place, including but not limited to restaurants, shopping centers, fast food outlets, stores, hotels, motels, industrial establishments, office buildings, apartment buildings, housing projects, gas stations, hospitals, and clinics shall at all times keep the premises clean of all litter and shall take measures, including daily clean up of the premises, to prevent litter from being carried by the elements to adjoining premises. It shall be a violation of this section to abandon, neglect, or disregard the condition or appearance of any premises so as to permit it to accumulate litter thereon. Penalty, see § 94.99
§ 94.25 LOADING OR UNLOADING DOCKS.
The person owning, operating, or in control of a loading or unloading dock shall at all times maintain the dock area free of litter in such a manner that litter will be prevented from being carried by the elements to adjoining premises. Penalty, see § 94.99
§ 94.26 CONSTRUCTION SITES.
The property owners and the prime contractors in charge of any construction site shall maintain the construction site in such a manner that litter will be prevented from being carried by the elements to adjoining premises. All litter from construction activities or any related activities shall be picked up at the end of each working day and placed in containers which will prevent litter from being carried by the elements to adjoining premises. Penalty, see § 94.99
§ 94.27 NOTICE TO REMOVE LITTER.
The responsible city officials are authorized and empowered to notify the owner of any open or vacant private property within the city or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety, or welfare. Such notice shall be by certified or registered mail, addressed to such owner at his last known address or by personal service.
§ 94.28 ACTION UPON NONCOMPLIANCE.
Upon the failure, neglect, or refusal of any owner or agent notified to properly dispose of litter within fourteen (14) days after receipt of written notice provided for in § 94.27, or within fourteen (14) days after the date of such notice in the event the same is returned to the City Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the city officials are authorized and empowered to do either of the following:
To pay a third party to dispose of such litter or to order its disposal by the city; or
To file appropriate civil actions for temporary restraining order, temporary injunction, permanent injunction, or for damages, against any person violating this chapter.
§ 94.29 LIABILITY FOR EXPENSE OF REMOVAL BY CITY
In the event the city elects to remove dangerous litter from private property, the owner of the premises shall be liable to the city for expenses incurred by the city in removing and disposing of such litter. A statement shall be rendered to the owner or occupant of the premises for the cost thereof and if not paid, suit may be instituted.
COMMERCIAL AND NONCOMMERCIAL HANDBILLS
§ 94.40 DISTRIBUTION IN PUBLIC PLACES.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street, or other public place within the city; nor shall any person hand out or distribute or sell any commercial handbill in any public place. However, it shall not be unlawful on any sidewalk, street, or other public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. Penalty, see § 94.99
§ 94.41 PLACING ON VEHICLES.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. However, it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. Penalty, see § 94.99
§ 94.42 DEPOSITING OR DISTRIBUTING AT PRIVATE PREMISES.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
No person shall throw, deposit, or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises. However, in the case of inhabited private premises, such person, unless requested by anyone upon such premises not to do so, shall have the authority to place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places; and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
Penalty, see § 94.99
§ 94.43 POSTING IN PUBLIC PLACES OR ON PRIVATE PROPERTY
No person shall paste, post, paint, nail, or otherwise fasten any handbill, sign, poster, advertisement, or notice of any kind whatsoever or cause the same to be done on any curbstone, flagstone, or any other portion or part of any sidewalk or street or upon any tree, lamppost, hitching post, telegraph pole, telephone pole, electric light pole, a pole used to support trolley wires or other electrical conductors, hydrant, bridge, pier, or upon any structure within the limits of any street in the city except such as may be required by this code or other ordinances of the city.
No person shall paste, post, paint, print, nail, or otherwise fasten any handbill, sign, poster, advertisement, or notice of any kind or cause the same to be done upon any private wall, window, door, gate, fence, advertising board or sign, or upon any other private structure or building, unless he is the owner, agent, or lessee thereof, without the consent, in writing, of the owner of such wall, window, fence, gate, advertising board or sign, or other private building or structure.
Penalty, see § 94.99
§ 94.98 EQUITABLE RELIEF.
In addition to the remedies given in this chapter, the city may also elect, as an additional or accumulative remedy, to seek equitable relief to abate the problem. (Ord. 1471, passed 12-2-85; Am. Ord. 1486, passed 4-21-86)
§ 94.99 PENALTY