[HISTORY: Adopted by the City Council of the City of Estell
Manor by Ord. No. 76-3 (Ch. III, Sec. 3-1, of the 1974 Revised General Ordinances). Amendments
noted where applicable.]
[Amended by Ord. No. 88-6]
As used in this section, the following terms shall have the
meanings indicated:
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 flaming or glowing material or any garbage, trash,
refuse, magazines, glass, metal, plastic or paper containers or other
packaging or construction material but does not include the waste
of the primary processes of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
Any container suitable for the depositing of litter as so
designated by the municipality.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any vacant or unimproved lot or parcel of land, or 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, including any yard,
ground, walk, driveway, porch, steps or vestibule belonging to or
appurtenant to such dwelling, house, building or other structure.
Any and all streets, sidewalks, boulevards, alleys, beaches
or other public ways, and any and all public parks, squares, spaces,
docks, grounds and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, derelict or 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.
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.
[Amended by Ord. No. 88-6]
A.
It shall be unlawful for any person to throw, drop, discard or otherwise
place litter of any nature upon any public or private property, other
than in a litter receptacle.
B.
Litter receptacles and their servicing are required at the following
public places which exist in the municipality, including sidewalks
used by pedestrians in active retail commercially zoned areas, such
that at a minimum there shall be no single linear quarter-mile without
a receptacle; buildings held out for use by the public, including
schools, government buildings and railroad and bus stations; parks;
drive-in restaurants; all sites; gasoline service station islands;
shopping centers; parking lots; campgrounds and trailer parks; marinas,
boat moorage and fueling stations; boat launching areas; public and
private piers operated for public use; beaches and bathing areas;
and at special events to which the public is invited, including sporting
events, parades, carnivals, circuses and festivals. The proprietors
of these places or the sponsors of these events shall be responsible
for providing and servicing the receptacles such that adequate containerization
is available.
No persons shall throw, deposit or store litter on any occupied
private property within the City whether the property is owned by
such person or not, except that the owner or person in control of
such private property may maintain authorized private receptacles
for collection and removal of the litter in such manner that the same
shall not be unsightly or detrimental to the surrounding neighborhood.
[Amended by Ord. No. 88-6]
It shall be unlawful for the owner or person in control of any
private property to permit litter to accumulate thereon, or to otherwise
store or permit the storage of tires, trailers, semitrailers or any
motor vehicle which is: missing tires, wheels, engine or any essential
parts; which displays extensive body damage or deterioration; which
does not display a current, valid state license; which is wrecked,
disassembled or partially disassembled; or which is abandoned or otherwise
unable to be self propelled; provided that this section shall not
prohibit the storage of litter in authorized private receptacles for
collection, or of tires or vehicles in a fully enclosed structure.
No person shall throw or deposit litter or permit such to be
thrown or deposited on any open or vacant private property within
the City whether the property is owned by such person or not.
No person, including merchants owning or occupying a place of
business, shall sweep into or deposit in any gutter 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.
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter or permit such to be thrown or deposited in any
public place within the City or on private property.
No person shall bring, cart, remove, transport or collect any
litter from outside the City into the City for the purpose of dumping
or disposing thereof, except with the express written permission of
the City Council or its authorized agent. No truck or other vehicle
containing litter which has been transported into the City shall be
parked or allowed to remain standing on any street in the City or
on any public property for a period in excess of two hours.
No person shall cast or place or cause to be cast or placed
any advertisement, handbill, circular or paper on any public street,
on sidewalks, into any vestibules or yards, upon porches of any dwelling
house or other buildings or into any vehicle while on the public highways
or on private property within the City, except that this section shall
not apply to newspapers and addressed envelopes delivered to subscribers
and addressees. Advertisements, handbills, circulars and papers may
be distributed in the City, provided that they are securely placed
at each dwelling so as not to be blown away by the wind.
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 by the owners thereof or
required by law.
No person in any aircraft shall throw out, deposit or drop or
permit to be thrown, dropped or deposited any litter, handbills or
any other object within the City.
[Amended by Ord. No. 88-6]
It shall be unlawful for any person to discard or dump along
any street or road, on or off any right-of-way, any household or commercial
solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber
tires, appliances, furniture or private property, except by written
consent of the owner of said property, in any place not specifically
designated for the purpose of solid waste storage or disposal.
[Amended by Ord. No. 88-6]
It shall be unlawful for any residential property owner to store
or permit storage of any bulky household waste, including household
appliances, furniture and mattresses, in areas zoned residential,
except in a fully enclosed structure or during days designated for
the collection of bulky items.
[Amended by Ord. No. 88-6]
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked on any highway unless such a vehicle is constructed or loaded
to prevent any of its load from dropping, sifting, leaking or otherwise
escaping therefrom. 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 or public property,
shall immediately cause the public property to be cleaned of all glass
or objects and shall pay the costs therefor.
[Amended by Ord. No. 88-6]
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
litter 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 a construction site to furnish containers adequate to accommodate
flyable or nonflyable debris or trash at areas convenient to construction
areas, and to maintain and empty the receptacles in such a manner
and with such a frequency as to prevent spillage of refuse.
[Amended by Ord. No. 88-6]
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
[Amended by Ord. No. 88-6]
It shall be the duty of the owner, lessee, tenant, occupant
or person in charge of any structure to keep and cause to be kept
the sidewalk and curb abutting the building or structure free from
obstruction or nuisances of every kind, and to keep sidewalks, areaways,
backyards, courts and alleys free from litter and other offensive
material. No person shall sweep into or deposit in any gutter, street,
catch basin or other public place any accumulation of litter from
any public or private sidewalk or driveway. Every person who owns
or occupies property shall keep the sidewalk in front of his or her
premises free of litter. All sweepings shall be collected and properly
containerized for disposal.
