This Article shall be known and may be cited as the "Anti-Litter
Ordinance".
For the purposes of this Article, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air
dirigibles and balloons.
A litter storage and collection receptacle.
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:
Which advertises for sale any merchandise, product, commodity
or thing; or
Which directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales; or
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; but the
terms of this clause shall not apply where an admission fee is charged
or a collection is taken up for the purpose of defraying the expenses
incident to such meeting, theatrical performance, exhibition or event
of any kind when either thereof is held, given or takes place in connection
with the dissemination of information which is not restricted under
the ordinary rules of decency, good morals, public peace, safety and
good order, provided, that nothing contained in this clause shall
be deemed to authorize the holding, giving or taking place of any
meeting, theatrical performance, exhibition or event of any kind without
a license where such license is or may be required by any law of this
State or under any provision of this Code or other ordinance of this
City; 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 advertiser or distributor.
Garbage, refuse, rubbish and all other waste material which,
if thrown or deposited as in this Article prohibited, tends to create
a danger to public health, safety or welfare.
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 any recording officer as
provided by general law; and, in addition thereto, the term "newspaper" shall mean and include any periodical or current
magazine regularly published with not less than four (4) issues per
year and sold to the public.
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 aforesaid definitions of
a commercial handbill or newspaper.
A park, reservation, playground, beach, recreation center
or any other public area in the City owned or used by the City and
devoted to active or passive recreation.
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,
but not including any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the City except in public receptacles,
in authorized private receptacles for collection or in official City
dumps.
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 or upon private property.
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
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
places of business within the City shall keep the sidewalks and other
areas in front of their business premises or on their parking spaces
free of litter.
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 or upon private property.
No person shall drive or move any truck or other vehicle within
the City unless such vehicle is so constructed and loaded as to prevent
any load, cargo or 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, litter or foreign matter of any kind.
No person shall throw or deposit litter in any park within the
City except in public receptacles and in such a manner that the litter
will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street or other public place.
Where public receptacles are not provided, all such litter shall be
carried away from the park by the person responsible for its presence
and properly disposed of elsewhere as provided in this Article.
No person shall throw or deposit litter in any fountain, pond,
lake, stream, bay or any other body of water in a park or elsewhere
within the City.
No person shall throw or deposit any commercial or non-commercial
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, provided that 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 non-commercial handbill to any person willing
to accept it.
No person shall throw or deposit any commercial or non-commercial
handbill in or upon any vehicle, provided that it shall not be unlawful
in any public place for a person to hand out or distribute, without
charge to the receiver thereof, a non-commercial handbill to any occupant
of a vehicle who is willing to accept it.
No person shall throw, deposit or distribute any commercial
or non-commercial handbill upon any private premises if requested
by anyone thereon not to do so or if there is placed on such premises
in a conspicuous position near the entrance thereof a sign bearing
the words: "No Trespassing", "No Peddlers or Agents", "No Advertisement"
or any similar notice indicating in any manner that the occupants
of such premises do not desire to be molested or have their right
of privacy disturbed or to have any such handbills left upon such
premises.
No person shall throw or deposit any commercial or non-commercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
A.
No person shall throw, deposit or distribute any commercial or non-commercial 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; provided, that in case of inhabited private premises which are not posted, as provided in Section 215.2330, the handbill distributor, unless requested by anyone upon such premises not to do so, may 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.
B.
The
provisions of this Section shall not apply to the distribution of
mail nor to newspapers except that newspapers shall be placed on private
property in such a manner as to prevent their being carried or deposited
by the elements upon any street, sidewalk or other public place or
upon private property.
No person shall throw or deposit litter on any occupied private
property within the City, whether owned by such person or not, except
that the owner or person in control of private property may maintain
authorized private receptacles for collection in such a manner that
litter will be prevented from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon any private
property.
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, that
this Section shall not prohibit the storage of litter in authorized
private receptacles for collection.
No person shall throw or deposit litter on any open or vacant
property within the City whether owned by such person or not. No person
in an aircraft shall throw out, drop or deposit within the City any
litter, handbill or any other object.
A.
Notice To Remove. The Code Enforcement Officer, Chief of
Police or any Police Officer is hereby authorized 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 registered or certified mail, addressed to such
owner or agent at his/her last known address.
B.
Action Upon Non-Compliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within ten (10) days after receipt of written notice provided for in Subsection (A) above, or within ten (10) days after the date of such notice in the event it is returned to the City by the post office because of inability to make delivery thereof and if the notice was properly addressed to the last known address of such owner or agent, the Code Enforcement Officer, Chief of Police or any Police Officer is hereby authorized to pay for the disposing of such litter or to order its disposal by the City.
C.
Charge Included In Tax Bill. When the City has effected
the removal of such litter or has paid for its removal, the actual
cost thereof, plus accrued interest at the rate of nine percent (9%)
per annum from the date of the completion of the work, if not paid
by such owner prior thereto, shall be charged to the owner of such
property on the next regular tax bill forwarded to such owner by the
City and such charge shall be due and payable by such owner at the
time of payment of such bill.
D.
Recorded Statement Constitutes Lien. Where the full amount due the City is not paid by such owner within thirty (30) days after the disposal of such litter as provided for in Subsections (A) and (B) above, then and in that case, the Code Enforcement Officer, Chief of Police or any Police Officer shall cause to be recorded with the City Clerk a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which such work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus court costs, if any, for collection, until final payment has been made.
E.
How Costs And Expenses Collected. The aforesaid costs and
expenses shall be collected in the manner fixed by law for the collection
of taxes and, further, shall be subject to a delinquent penalty of
eight percent (8%) in the event they are not paid in full on or before
the date the tax bill upon which such charge appears becomes delinquent.
Sworn statements recorded in accordance with the provisions hereof
shall be prima facie evidence that all legal formalities have been
complied with and that the work has been done properly and satisfactorily
and shall be full notice to every person concerned that the amount
of the statement, plus interest and penalties, constitutes a charge
against the property designated or described in the statement and
that the same is due and collectible as provided by law.
