[Gen. Ords. 1959, § 56.03; Ord.
No. 5172, 4-4-1968; Ord. No. 5783, § 1, 1-9-1975]
As used in this article, the following terms shall have the
meanings ascribed to them:
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air, including but
not limited to airplanes, helicopters, lighter-than-air dirigibles
and balloons.
A litter storage and collection receptacle as required and
authorized by this chapter.
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 service, merchandise, product,
commodity, or thing; or
Which directs attention to any business, merchandise 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, which 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; however, nothing contained in this paragraph 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 a license is or may be required by any law of the state,
any provision of this Code or other ordinance of the 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.
Any restaurant where food, frozen desserts or beverages sold
from such restaurant are regularly available for consumption out-of-doors,
on bicycles or in motor vehicles or other types of vehicles.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
"Garbage," "refuse," and "rubbish" and all other waste material,
including leaves from trees, 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 issues per year and sold to the public.
Any printed or written matter, any sample, or devise, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet,
or any other printed or otherwise reproduced original or copies of
any matter of literature other than 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.
A strip of land located between a sidewalk and a physical
street, whether such land is located on a part of the street right-of-way
or not.
Any place other than a private premises, a public building,
or a public place.
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 building owned or occupied by any governmental agency.
Any and all streets, including street rights-of-way, sidewalks,
boulevards, alleys, or other public ways, and any and all public parks,
squares, spaces, grounds, and buildings.
A litter storage and collection receptacle furnished by any
person or by any governmental agency for use by the public.
All putrescible and nonputrescible solid wastes, except body
wastes, including, but not limited to, garbage, leaves from trees,
rubbish, ashes, and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, including but not limited to paper, wrappings,
cigarettes, cardboard, tin cans, wood, glass, bedding, crockery, and
similar materials.
Every device in, upon, or by which any person or property
is or may be transported.
[Gen. Ords. 1959, § 56.03; Ord.
No. 5172, 4-4-1968]
No person shall throw or deposit litter in or upon any sidewalk,
parkway, gutter, street, alley, or other public place within the City
except in public receptacles, in authorized receptacles for collection,
or in official City dumps.
[Gen. Ords. 1959, § 56.04; Ord.
No. 5172, 4-4-1968]
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
public receptacles or authorized receptacles for collection in such
a manner that litter will be prevented from being carried or deposited
by the elements upon any place.
[Gen. Ords. 1959, § 56.05; Ord.
No. 5172, 4-4-1968]
No person shall throw or deposit litter on any open or vacant
private property within the City, whether owned by such person or
not.
[Gen. Ords. 1959, § 56.06; Ord.
No. 5172, 4-4-1968]
Persons placing litter in public receptacles or in authorized
receptacles shall do so in such a manner as to prevent it from being
carried or deposited by the elements upon any place.
[Gen. Ords. 1959, § 56.07; Ord.
No. 5172, 4-4-1968; Ord. No. 5612, § 1, 7-12-1973; Ord. No. 5783, § 1, 1-9-1975; Ord. No. 6025, § 1, 9-16-1976]
All persons occupying any place of business, public building,
or private premises shall keep such place of business, public building,
or private premises, as the case may be, including the sidewalk, parkway,
gutter, adjoining or abutting to the place so occupied, free and clear
of litter. To this end:
(a)
No person or authority owning, occupying, or in control of a place
of business, public building, or private premises shall sweep into
or deposit, or cause to be swept or deposited, in any sidewalk, parkway,
gutter, street, or alley, or other public place within the City an
accumulation of litter, including leaves from trees, from any place
of business, public building, or private premises, except the placing
of bagged or bundled refuse for immediate collection by authorized
refuse collectors as provided for elsewhere in this Code.
(b)
The operator of a drive-in restaurant shall at least once in each
twelve-hour period during which it is open for business collect and
dispose of in authorized receptacles all litter on the premises of
such drive-in restaurant, including the sidewalk, parkway, gutter,
street, to the center line thereof, and alley, to the center line
thereof, adjoining or abutting to such premises.
(c)
The occupier of a place of business and the authority in control
of a public building shall, at least once in each twenty-four-hour
period during which it is open for business or open to the public,
as the case may be, collect and dispose of all litter on the premises
of such place of business or public building, as the case may be,
in authorized receptacles, including the sidewalk, parkway, gutter,
adjoining or abutting to such premises.
(1)
For purposes of this subsection, the operator of any shopping
center shall be deemed to be the occupier of all common areas of such
shopping center, including but not limited to parking areas, parking
lots, and landscaped areas which are not leased or rented to any particular
tenant, but not including any sidewalks, parkways, or gutters adjoining
or abutting to any premises rented to a particular tenant.
(d)
The occupier of any private premises shall, at least once in each
calendar week, collect and dispose of all litter on his private premises
in authorized receptacles, including the sidewalk, parkway, gutter,
adjoining or abutting to his private premises.
[Gen. Ords. 1959, § 56.08; Ord.
No. 5172, 4-4-1968]
No person while an operator or passenger in a vehicle shall
throw or deposit litter upon any street or other public place within
the City or upon private property, nor shall any operator of a vehicle
allow or permit the throwing or disposing of any litter from such
vehicle by himself or by any passenger thereof upon any street or
other public place within the City, or upon private property.
[Gen. Ords. 1959, § 56.09; Ord.
No. 5172, 4-4-1968]
No person shall drive or move, or direct or employ a driver
to drive or move, any truck or other vehicle within the City unless
the truck or other vehicle is so constructed or loaded as to prevent
any load, contents or litter from being blown or deposited upon any
street, alley or other public way; nor shall any person drive or move,
or direct or employ a driver to 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.
[Gen. Ords. 1959, § 56.10; Ord.
No. 5172, 4-4-1968]
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 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.
[Gen. Ords. 1959, § 56.11; Ord.
No. 5172, 4-4-1968]
No person shall throw or deposit litter in any fountain, pond,
lake, stream, river, or any other body of water in a park or elsewhere
within the City.
[Gen. Ords. 1959, § 56.12; Ord.
No. 5172, 4-4-1968]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, parkway, gutter, 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.
[Gen. Ords. 1959, § 56.14; Ord.
No. 5172, 4-4-1968]
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.
[Gen. Ords. 1959, § 56.15; Ord.
No. 5172, 4-4-1968]
No person shall throw, deposit, or distribute any commercial
or noncommercial handbill upon any private premises if requested by
anyone thereon not to do so, or if there is placed on said premises
in a conspicuous position near the entrance thereof a sign bearing
the words "No Trespassing," "No Peddlers or Agents," "No Advertisements,"
or any similar notice indicating in any manner that the occupants
of said premises do not desire to be molested or have their right
of privacy disturbed, or to have any such handbills left upon such
premises.
[Gen. Ords. 1959, § 56.16; Ord.
No. 5172, 4-4-1968]
(a)
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 case of inhabited private premises which are not posted as provided
in this article, such person, unless requested by anyone upon such
premises not to do so, may place or deposit any such handbill in or
upon the inhabited private premises if the 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, except that mailboxes may not be so used when so prohibited
by federal postal law or regulations.
(b)
The provisions of Subsection (a) shall not apply to the distribution of mail by the United States, 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 in an unbound condition upon any sidewalk, parkway, gutter, street, alley, or other public place or upon private property.
[Gen. Ords. 1959, § 56.17; Ord.
No. 5172, 4-4-1968]
No person in an aircraft shall throw out, drop, or deposit within
the City any litter, handbill, or any other object.
[Gen. Ords. 1959, § 56.18; Ord.
No. 5172, 4-4-1968]
No person shall post or affix any notice, poster, or other paper
or device calculated to attract the attention of the public to any
lamppost, public utility pole, or shade tree, or upon any public structure
or building, except as may be authorized or required by law.
[Ord. No. 10025, § 1, 8-4-2011]
(a)
Notice to remove. The Code Enforcement Officer and his delegate or
delegates is hereby authorized and empowered to notify the owner of
any premises within the City to properly dispose of litter, including
leaves from trees, located on such premises, or sidewalks, parkways,
gutters, adjoining or abutting to such premises, which litter is dangerous
to public health, safety or welfare. Such notice shall be in writing
and shall be given:
(1)
In person; or
(2)
By registered mail or certified mail, requesting a return receipt
signed by the addressee or an agent of the addressee, addressed to
the owner at his last known address as furnished to or by the City;
or
(3)
By posting a copy of such notice on the premises themselves
for a period of not less than five days in such a way that it might
also be seen by persons not in possession of such premises.
(b)
Action upon noncompliance. Upon the failure, neglect, or refusal of any owner so notified to properly dispose of such litter within five days after the giving of the written notice provided for in Subsection (a), the Health Commissioner and his delegate or delegates is hereby authorized and empowered to obligate the City to pay for the collection and disposal of such litter, or to order its collection and disposal by the City.
(c)
Charge included in tax bill or other bill. When the City has effected
the collection and disposal of such dangerous litter or has paid for
its collection and disposal, the cost thereof, plus accrued interest
at the rate of 8% per annum from the date of the completion of the
work to the date of payment, if not paid by such owner prior thereto,
may be charged to the owner of such property by forwarding a bill
to such owner by the City, and the charge shall be due and payable
by said owner at the time of receipt of such bill. In the case of
an owner of property exempt from real estate taxes, the bill for the
cost of such collection and disposal plus the accrued interest may
be mailed by regular mail, addressed to the owner at his last known
address as furnished to or by the City.
When computing the actual cost of the collection and disposal
of such dangerous litter, the City shall include in such actual cost
before any interest charges a service charge equal to 25% of the costs
of labor and of the use of equipment, as well as any dumping charges
to reflect the administrative costs incurred by the City in connection
with the billing for such collection and disposal.
