[CC 1979 §12-20; Ord. No. 04-1522 §1, 7-19-2004]
The following words and phrases, when used in this Article, shall have the meanings respectively ascribed to them:
- 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.
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage and collection receptacle.
- 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:
- 1. Which advertises for sale any merchandise, product, commodity, or thing; or
- 2. 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; or
- 3. 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 of the same 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 ordinance of this City; or
- 4. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for the private benefit and gain of any person so engaged as advertiser or distributor.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- "Garbage" and "rubbish" as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and 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, 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.
- NON-COMMERCIAL 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 or literature not included in the aforesaid definitions of a commercial handbill or newspaper.
- A park, reservation, playground, recreation center or any other public area in the City, owned or used by the City and devoted to active or passive recreation.
- An acronym and common name for Portable On Demand Storage units.
- PORTABLE ON DEMAND STORAGE UNITS
- A container designed, constructed and commonly used for non-permanent placement on property for the purpose of temporary storage or personal property.
- 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 shall include 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 parks, squares, spaces, grounds and buildings.
- Non-putrescible solid wastes consisting of both combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, soft drink metallic cans, beer cans and similar materials.
- STORAGE TRAILERS
- Includes trucks, trailers and other vehicles or parts of vehicles designed to be hitched or attached to trucks, tractors or other vehicles for movement from place to place used as a temporary storage device.
- 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.
[CC 1979 §12-21; Ord. No. 04-1522, §2, 7-19-2004; Ord. No. 07-1783 §1, 7-2-2007]
No person shall dump, discharge, cast out or in any manner or fashion, throw from any vehicle, receptacle or by hand any trash, rubbish, waste, garbage, refuse, dirt, rocks, wood or any other foreign matter, substance or material upon any public street or right-of-way except as shall be necessary for the grading, leveling or improvement to such property, when such use shall be permitted by written permit issued by the City Engineer or his/her designee.
It shall be unlawful for any person to park or place a dumpster, construction trailer, storage trailer, PODS or similar device upon any public street, highway, roadway, sidewalk or other public right-of-way or easement, without first obtaining a permit from the City Engineer or his/her designee and paying a fee of twenty-nine dollars ($29.00) for the first (1st) such permit, forty-nine dollars ($49.00) for the second (2nd) such permit and seventy-nine dollars ($79.00) for the third (3rd) and all subsequent permits. Such permit, at a minimum, shall specify the dates of proposed placement, not exceeding fourteen (14) days. No more than these three (3) permits may be issued in any twelve (12) month period for the same property. The permit shall allow not more than one (1) such device per lot. No such device shall exceed sixteen (16) feet by eight (8) feet by eight (8) feet (i.e. 16' x 8' x 8'). Barrels/barricades with flashing lights and reflective tape or similar warning devices are required for placement in a public right-of-way or easement. Such permit shall not be issued unless (1) no reasonable or viable alternative exists for placement of such device on private property and (2) such placement will not interfere with the safe movement of pedestrian or vehicular traffic.
It shall be further unlawful for any person to park or place a dumpster, construction trailer, storage trailer, PODS or similar device upon any private property within the residential zoning districts of the City, without first obtaining a permit from the City Engineer or his/her designee and paying a fee of twenty-nine dollars ($29.00) for the first (1st) such permit, forty-nine dollars ($49.00) for the second (2nd) such permit and seventy-nine dollars ($79.00) for the third (3rd) and all subsequent permits. Such permit, at a minimum, shall specify the dates of proposed placement, not exceeding fourteen (14) days for storage trailers, PODS or similar devices and thirty (30) days for dumpsters or construction trailers. No more than these three (3) permits may be issued in any twelve (12) month period for the same property. The permit shall allow not more than one (1) such device per lot. No such device shall exceed sixteen (16) feet by eight (8) feet by eight (8) feet (i.e. 16' x 8' x 8'). Such permit shall not be issued unless (1) no reasonable or viable alternative exists for placement of such device and (2) such placement will not interfere with the safe movement of pedestrian or vehicular traffic.
Notwithstanding the provisions of Subsections (B) and (C) above, no permit shall be required for dumpsters and/or construction trailers employed in the construction of a new residence, nor shall a permit be required for use of a storage trailer, PODS or similar device for a period of four (4) days or less provided prior notice of such intended use shall first be given to the City Engineer or his/her designee.
[CC 1979 §12-22]
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.
[CC 1979 §12-23]
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.
[CC 1979 §12-24]
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.
Cross Reference — Motor vehicles and traffic, Title III.
[CC 1979 §12-25]
No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill or any other object.
[CC 1979 §12-26]
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.
[CC 1979 §12-27; Ord. No. 68-317 §97, 9-16-1968]
No person shall throw, dump, deposit or place or cause to be thrown, dumped, deposited or placed upon any highway, road, street, alley or right-of-way of same: any mud, dirt, sand, gravel, rock, stone or other excavated material or substance dug, scooped, blasted, or removed from the earth on any lot or tract of land, provided, however, that this provision shall not apply to any excavation in highways for which a permit has been issued by the City.
No person shall throw, dump, deposit or place or cause to be thrown, dumped, or deposited or placed, such materials and substances in such a manner as to cause the same to roll, flow or wash upon any highway, road, street, alley or right-of-way of same.
No person, when moving or hauling any such materials and substances upon any highway, road, street, alley, or right-of-way of same, shall allow such substances and materials to blow, spill, drop, or otherwise come to rest over and upon such highway, road, street, alley or right-of-way.
[CC 1979 §12-28; Ord. No. 68-317 §97, 9-16-1968]
Any person who, by reason of accident, violates the provisions of this Article prohibiting deposits on highways, roads, streets, alleys or rights-of-way of the same, shall be held blameless of such violation upon an affirmative showing that he/she:
[CC 1979 §12-29]
No person shall throw or deposit litter in any park within the City except in public receptacles and in such 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.
[CC 1979 §12-30]
No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the City.
[CC 1979 §12-31]
No person shall post or affix any notice, poster or other paper or device, calculated to attract attention of the public, to any lamppost, public utility pole or shade tree, or upon any structure or building, private or public, without first obtaining permission in writing from the owner or agent of the property on which the same is situated, except as may be authorized or required by law.
[CC 1979 §12-32; Ord. No. 13-2061 §1, 11-4-2013]
It shall be unlawful to place, deposit or throw, or cause to be placed, deposited or thrown, any rubbish, garbage, trash, scrap paper, handbills, confetti, shavings, dirt, hulls, shells, stalks, dead animals, or any other kind of waste materials on any sidewalk, street, parkway, road shoulder, or other public place, or on any private lot or premises in the City;
It shall be unlawful to abandon, neglect or disregard any private lot or premises so as to permit the premises to become unclean, with an accumulation of litter or waste thereon, or to permit the lot or premises to become unsightly, unsanitary or obnoxious or a blight to the vicinity, or offensive to the senses of users of the public way abutting the lot or premises and to so continue for a period longer than twenty-four (24) consecutive hours.
[CC 1979 §12-33]
The owner or person in control of any private property shall at all times, maintain the premises free of litter. Provided, however, that this Section shall not prohibit the storage of litter in authorized private receptacles for collection.
[CC 1979 §12-34]
No person shall throw or deposit litter on any open or vacant property within the City whether owned by such person or not.
[CC 1979 §12-35]
Notice To Remove. The City Administrator or his/her designee is hereby authorized and empowered to notify the owner of any open or vacant private property within the City or the agent of such owner's property to remove all litter which is dangerous to public health, safety or welfare due to the accumulation of such litter. Such notice shall be by registered mail, addressed to such owner, at his/her last known address, or by personal service delivered by a member of the Police Department with proper return noted thereon.
Action Upon Noncompliance. 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 five (5) days after receipt of written notice provided for in Subsection (A) above, or within five (5) 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 Administrator or his/her designee is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the City.
Charge Included In Tax Bill. When the City has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of eight percent (8%) 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 tax bill.
Recorded Statement Constitutes Lien. Where the full amount due the City is not paid by such owner within ten (10) days after the disposal of such litter, as provided for in Subsections (A) and (B) above, then, and in that event, the City Administrator or his/her designee, shall cause to be recorded in the office of the City 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 costs of court, if any, for collection, until final payment has been made. Such costs and expenses shall be collected in the manner fixed by law for the collection of taxes. 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, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
[CC 1979 §12-43]
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; unless authorized in the manner provided by ordinance.