For the purposes of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
A litter storage and collection receptacle made of metal
or other suitable material, watertight, strong, durable, rodent and
insect proof, and provided with tight covers. The capacity of such
shall not exceed 20 gallons.
Any 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;
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;
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
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.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse 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 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 definition
of "commercial handbill."
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 and any and all parking lots, except such parking spaces
as reserved for single-family dwellings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery,
and similar materials.
No person shall throw or deposit litter in or
upon any street, sidewalk, or other public place within the Town except
in public receptacles or in authorized private receptacles for collection.
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 Town 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 Town 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 Town shall keep
the sidewalk in front of their business premises 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 Town or upon private property.
No person shall drive or move any truck or other
vehicle within the Town unless such 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 place, nor shall any person
drive or move any vehicle or truck within the Town the wheels or tires
of which carry onto or deposit in any street, alley or other public
place sticky substances, litter, or foreign matter of any kind.
No person shall throw or deposit litter in any
park within the Town 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 herein.
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 Town.
A.
Throwing or distributing commercial handbills 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 Town, nor shall any person hand out or distribute or sell any
commercial handbill in any public place; provided, however, that it
shall not be unlawful on any sidewalk, street, or other public place
within the Town for any person to hand out or distribute, without
charge to the receiver thereof, any noncommercial handbill to any
person willing to accept it.
B.
Placing commercial and noncommercial handbills on
vehicles. No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicles; provided, however, 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 noncommercial handbill to
any person or occupant of any vehicle who is willing to accept it.
C.
Depositing commercial and noncommercial handbills
on uninhabited or vacant premises. No person shall throw or deposit
any commercial or noncommercial handbill in or upon any private premises
which is temporarily or continuously uninhabited or vacant.
D.
Prohibiting distribution of handbills where properly
posted. 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" or "No Advertisement"
or any similar notice indicating in any matter 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.
E.
Distributing commercial and noncommercial handbills
at inhabited private premises.
(1)
No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon private premises which is 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, however, that in case of inhabited private premises
which are not posted, as provided in this section, such person, 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.
(2)
The provisions of this subsection 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
upon any street, sidewalk, or other public place or upon private property.
No person in an aircraft shall throw out, drop
or deposit within the Town any litter, handbill, or any other object.
No person shall throw or deposit litter on any
occupied private property within the Town, whether occupied 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 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, however, that this section shall not prohibit the storage
of litter in authorized private receptacle for collection.
No person shall throw or deposit litter on any
open or vacant lot, except in authorized private receptacles for collection.
[Amended 3-17-2007 by Ord. No. 706-08]
A.
Notice to remove. The Town's Building Official is
hereby authorized and empowered to notify the owner of such real property
or both the owner and occupant if such property is not owner-occupied
or of any open or vacant private property within the Town 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 mail addressed to said owner of
such real property or both the owner and occupant if such property
is not owner-occupied at his/her last known address.
B.
Action upon noncompliance. Upon failure, neglect or refusal of any owner of such real property or both the owner and occupant if such property is not owner-occupied or the agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within seven days after receipt of written notice provided for in Subsection A or within seven days after the date of such notice in the event that the same is returned to the Town by the United States Postal Service because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner of such real property or both the owner and occupant if such property is not owner-occupied or the agent, the Town's Building Official is hereby authorized and empowered to contract for the disposing of such litter or to order its disposal by the Town.
C.
Reimbursement to Town. When the Town has completed the removal of such dangerous litter or has paid for its removal, the actual cost of removal shall be billed to the owner of such real property or both the owner and occupant if such property is not owner-occupied and shall become due and payable 30 days from the bill date and will incur interest at the rate of 1 1/2% per month until paid. The litter control costs shall be assessed as a lien against each affected real property to be collected pursuant to the provisions of Chapter 50, Finance and Taxation, § 50-3 of this Code.
