[HISTORY: Adopted by the City Council of the City of Rockwood as Sec. 678.01 of the 1989 Codified Ordinances; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. III. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ENFORCEMENT OFFICER
- The Ordinance Officer, Fire Official and police officers and/or the DPW Supervisor. The said officials shall be empowered to enforce this chapter and shall be collectively designated as the "City Enforcement Officer".
- Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof, including but not limited to any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material.
- LITTER RECEPTACLE
- A container suitable for the disposing of litter.
- PUBLIC PLACE
- Any area that is used or held out for use by the public, whether owned or operated by public or private interests.
Litter receptacles shall be required at the following public places within the City of Rockwood:
Buildings held out for public use.
Street vendor locations.
Self-service refreshment areas.
Gas service station islands.
Special events to which the public is invited, including sporting events, parades, carnivals and festivals.
Persons placing litter, rubbish or trash 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, catch basin, street or other public place within the City the accumulation of litter, rubbish or trash from any building or lot or from any public or private sidewalk or driveway.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter, rubbish or trash, upon any street, other public place or upon private property within the city.
No person shall drive, move or park any truck or other vehicle within the City unless such vehicle is constructed or loaded to prevent any of the load, contents or litter from dropping, sifting, leaking, escaping or being blown or deposited upon any street, alley or other public place.
No person shall drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in or on any street, alley or other public place litter, rubbish, trash or foreign matter of any kind.
Any person operating a vehicle from which any glass or objects have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers on public property, shall immediately notify the Rockwood Police Department and shall pay the costs of cleaning if performed by the City of Rockwood or its agents.
No person shall throw or deposit litter, rubbish or trash in any park or playground within the City except in public receptacles and in such a manner that the litter, rubbish or trash will be prevented from being carried or deposited by the elements upon any part of the park, playground, any street or other public place.
Where public receptacles are not present, all litter, rubbish or trash shall be carried away from the park or playground and properly disposed of elsewhere by the person responsible for its presence.
No person shall throw or deposit litter, rubbish or trash on any occupied or vacant private property within the city, whether owned by such person or not, except that the owner or person in control may maintain authorized private receptacles for collection in such manner that litter, rubbish or trash will be prevented from being carried or deposited by the elements upon any street, other public place or any private property.
No person shall permit the discarding or dumping of any household or commercial solid waste in any place not specifically designated for the purpose of solid waste storage or disposal.
No person shall store or permit the storage of any bulky household waste, including household appliances, furniture or mattresses, in areas zoned residential, except in a fully enclosed structure.
No person shall store or permit the storage of tires, except in a fully enclosed structure.
No person shall keep or permit the keeping on streets, vacant lots and residential lawns, except in a fully enclosed structure, any motor vehicle, trailer or semitrailer:
No property owner, agent or contractor in charge of a construction or demolition site shall permit the accumulation of litter or debris before, during or after completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of the construction site to furnish containers adequate to accommodate flyable and nonflyable debris or trash at areas convenient to construction areas, and to maintain and empty the receptacles in such a manner and with such frequency as to prevent spillage.
No residential, commercial or industrial property owner, lessee, tenant or other occupant shall permit open or overflowing waste disposal containers or bins on his or her property.
[Amended 5-7-2008 by Ord. No. 440]
Purpose of section. That to protect the people against the nuisance of and incident to the promiscuous distribution of handbills and circulars, particularly commercial handbills, as herein defined, with the resulting detriment and danger to public health and safety, the public interest, convenience and necessity requires the regulation thereof and to that end the purposes of this section are specifically declared to be as follows:
To protect local residents against trespassing by solicitors, canvassers or handbill distributors upon the private property of such residents if they have given reasonable notice that they do not wish to be solicited by such persons or do not desire to receive handbills or advertising matter.
To protect the people against the health and safety menace and the expense incident to the littering of the streets and public places by the promiscuous and uncontrolled distribution of advertising matter and commercial handbills.
To preserve to the people their constitutional right to receive and disseminate information not restricted under the ordinary rules of decency and good morals and public order, by distinguishing between the nuisance created by the promiscuous distribution of advertising and commercial circulars and the right to deliver noncommercial handbills to all who are willing to receive the same.
The following words, terms and phrases, when used in this section, have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
- 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 or literature:
- (a) Which advertises for sale any merchandise, product, commodity, or thing; or
- (b) Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interests thereof by sales; or
- (c) 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
- (d) 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.
- HANDBILL DISTRIBUTOR
- Any person engaging or engaged in the business for hire or gain of distributing commercial or noncommercial handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbills.
- 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.
- NONCOMMERCIAL 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 sign, or a commercial handbill, or a newspaper.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- 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, boulevards, avenues, lanes, alleys, or other public ways, and any and all public parks, squares, spaces, plazas, grounds and buildings.
Words singular in form may include the plural; any words plural in form may include the singular; and words in the masculine gender shall include the feminine and neuter genders.
Posting notice, placard, bill, etc., prohibited in certain cases. No person shall post, stick, stamp, paint or otherwise fix, or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement or other paper or device calculated to attract the attention of the public, to or upon any sidewalk, crosswalk, curb or curbstone, flagstone, or any other portion or part of any public way or public place, or any lamppost, electric light, telegraph, telephone pole or railway structure, hydrant, shade tree or tree box, or upon the piers, columns, trusses, girders, railings, gates or other parts of any public bridge or viaduct, or other public structure or building, or upon any pole, box or fixture of the fire alarm or police telegraph system, except such as may be authorized or required by the laws of the United States, or state, and the ordinances of the City.
Throwing handbills broadcast in public places prohibited. It shall be unlawful for any person to deposit, throw, scatter or cast any commercial handbill in or upon any public place within this City; and it shall be also unlawful for any person to hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill in any public place to any person willing to accept such noncommercial handbill.
Placing in vehicles, commercial and noncommercial handbills. It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any automobile or other vehicle. The provisions of this subsection shall not be deemed to prohibit the handing, transmitting or distributing of any noncommercial handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept the same.
Distribution on uninhabited or vacant private premises of commercial or noncommercial handbills. It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
Prohibiting distribution where properly posted. It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any 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 Advertisement," "No Solicitors" or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or to have their right of privacy disturbed, or to have any such handbills left upon such premises.
Distribution on inhabited private premises, commercial or noncommercial handbills. No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or any 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 and unless requested by anyone upon such premises not to do so, a person 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 elsewhere, except that mailboxes may not be so used when so prohibited by federal postal laws or regulations.
Name and address of printer, etc., and distributor of handbills. It shall be unlawful for any person to distribute, deposit, scatter, hand out or circulate any commercial or noncommercial handbill in any place, under any circumstances, which does not have printed on the cover, front or back thereof the name and address of the following:
The person who printed, wrote, compiled or manufactured the same.
The person who caused the same to be distributed; provided, however, that in the case of a fictitious person or club, in addition to such fictitious name, the true names and addresses of the owners, managers or agents of the person sponsoring said handbill shall also appear thereon.
Exemptions. The provisions of this section shall not be deemed to apply to the distribution of mail by the United States nor to newspapers as defined in this section.
Owner, etc., not to permit use of premises for posting of objectionable matter or material. It shall be unlawful for the owner, lessee, occupant or agent of premises to permit any person to post, affix or otherwise attach to any building, structure or fixture located upon such premises, whether such fixture be natural or artificial, any poster or handbill containing any matter prohibited by the terms of this section.
Handbills offensive to public morals, etc., prohibited. It shall be unlawful for any person to post, to hand out, distribute or transmit any sign or any commercial or noncommercial handbill:
Which may reasonably tend to incite riot or other public disorder or which advocates disloyalty to or the overthrow of the government of the United States or of this state by means of any artifice, scheme or violence, or which urges any unlawful conduct, or encourages or tends to encourage a breach of the public peace or good order of the community; or
Which is offensive to public morals or decency, or which contains blasphemous, obscene, libelous or scurrilous language.
Penalty. Any person who shall violate any provision of this section upon conviction thereof shall be punished by a fine or penalty of not more than $500, or by imprisonment not exceeding 90 days, or both.
No person owning, occupying or operating a place of business shall sweep into or deposit in any gutter, catch basin, street or other public place within the City the accumulation of litter, rubbish or trash from any buildings or lot, public or private sidewalk or driveway.
The owner or managing agent, lessee, tenant or other occupant shall keep the entire business premises free from all litter, rubbish or trash.
In shopping centers or other business premises that contain common areas and/or common parking, the owner or managing agent shall keep such common areas free from all litter, rubbish or trash.
Every owner, lessee, tenant, occupant or other person in charge of any structure shall keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction and nuisances of every kind, and to keep sidewalks, rights-of-way, backyards, courts and alleys free from all litter and other offensive material.
Every person who owns or occupies property shall keep the sidewalk in front of the premises free of litter. All sweepings shall be collected and properly containerized for disposal.
The owner, managing agent, lessee, tenant or person in control of any private property shall at all times maintain the premises free of litter, rubbish or trash; provided, however, that this section shall not prohibit storage of litter, rubbish or trash in authorized receptacles for collection.
In addition to the requirements set forth under §§ 130-17 and 130-18 of this chapter, all owners, lessees, tenants and/or occupants of any commercial or industrial properties located within the City of Rockwood shall fully comply with the provisions of Chapter 167 of the Rockwood Code, entitled "Property Maintenance," which shall remain in full force and effect.
Notice to remove. The City of Rockwood Enforcement Officer is authorized and empowered to notify the owner, or agent of owner, of any private property within the city, to properly dispose of litter, rubbish or trash located on the owner's property which is unsightly or dangerous to the public health, safety or welfare. Such notice shall be by certified mail, return receipt requested, addressed to said owner at his last known address.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent to comply with the notice within 10 days after receipt, or within 15 days after the date of the notice, in the event the same is returned by the post office because of inability to make delivery, provided that the notice was properly addressed, the enforcement officer is authorized and empowered to cause the disposal of the litter, rubbish or trash.
Charge included in tax bill. When the City has caused the removal of unsightly or dangerous litter, rubbish or trash, or has paid for its removal, the actual cost thereof shall be charged to the owner of the property on the next regular tax bill forwarded to the owner of the City and shall be due and payable at the time of the payment of the bill.
The Supervisor of the Department of Public Works is authorized to post appropriate signs stating the prohibition against littering and the fine.