[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.
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, 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 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
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.
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.
A container designed, constructed and commonly used for non-permanent
placement on property for the purpose of temporary storage or personal
property.
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.
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.
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]
A.
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.
B.
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.
C.
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.
E.
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.
[1]
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]
A.
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.
B.
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.
C.
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]
A.
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]
A.
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;
B.
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]
A.
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.
B.
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.
C.
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.
D.
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.
