[1]
Editor's Note: The title of this article, which was formerly
Litter, was amended 5-25-2021 by Ord. No. 2021-29.
A.Â
No person shall throw, lay, deposit, place, leave, sweep, dump or
cause to be carried by the elements (i.e., wind and water), in or
upon any portion of any street, avenue, roadway, sidewalk or public
thoroughfare, including in any gutters; or in or upon any publicly
or privately owned property; or in or upon any stream, river, pond,
lake or other surface water, any solid waste or litter of any kind
whatsoever, other than in a litter receptacle or container provided
for such purpose. Where litter receptacles are not provided, all such
litter shall be carried and properly disposed of elsewhere by the
persons responsible for its generation.
B.Â
Persons placing litter in litter receptacles shall do so in a manner
so as to prevent it from being carried or deposited by the elements
(i.e., wind and water).
C.Â
No person, while a driver or a passenger in a vehicle, shall discard
litter, other than in a litter receptacle or container provided for
such purpose.
A.Â
It shall be the obligation of all property owners, or tenants where
applicable (e.g., merchants), situate in the City to keep and maintain
their respective properties, including but not limited to all walkways,
driveways, parking areas and landscaped areas, free from litter. Such
owners, or tenants where applicable (e.g., merchants), shall also
keep and maintain the sidewalks abutting their properties free from
litter at all times.
B.Â
No person shall sweep into or deposit in any street, avenue, roadway,
sidewalk or public thoroughfare, including gutters, or in any other
public place, the accumulation of litter from any building or lot
or from any public or private sidewalk or driveway.
A.Â
It shall be the obligation of the owners of all multifamily properties, as defined in Article I; shopping centers, as also defined in Article I; fast-food restaurants, as defined in Chapter 425, Article XV; convenience stores, as also defined in Chapter 425, Article XV; as well as the owners of any other store, office, bank or other business or commercial property serving members of the general public, containing a parking lot for 10 or more motor vehicles, situate in the City, to maintain outdoor litter receptacles and containers for solid waste, including recyclables, for public use. Irrespective of the above, all residential, commercial, industrial or institutional properties that provide outdoor litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacles, and shall provide for separate recycling service for their contents.
B.Â
It shall further be the obligation of owners of buildings held out
for use by the public, including schools, government buildings and
bus stations; parks; drive-in restaurants; all street vendor locations;
self-service refreshment areas; construction sites; gasoline service
station islands; parking lots; campgrounds and trailer parks; watercraft
launching areas; beaches and bathing areas; and at special events
to which the public is invited, including but not limited to sporting
events, parades, carnivals, circuses and festivals, to maintain and
service outdoor litter receptacles and containers for solid waste,
including recyclables, for public use.
C.Â
It shall be the responsibility of any proprietors of the above-mentioned
places or any sponsors of the above-mentioned events, but ultimately
the property owner, for providing and servicing the litter receptacles
and receptacles for designated recyclable materials, for those materials
commonly deposited. It shall further be the responsibility of any
establishment listed above to prevent litter of any nature or description
from being blown from that establishment to neighboring properties
or streets. The owner of any establishment listed above who is informed
that any litter of any nature or description has blown from his premises
to that of a neighboring property owner or street shall, upon request,
cause the same to be removed at his expense.
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 litter receptacles and containers adequate to accommodate debris at convenient areas and to maintain the litter receptacles and containers in such a manner and with such a frequency so as to prevent spillage. Covered projects, as defined in Article I, shall also comply with the provisions in Article V of this chapter.
It shall be unlawful for any loaded vehicle to be driven, moved,
stopped or parked on any street unless said vehicle is constructed
or loaded to prevent any of its contents (e.g., glass) from dropping,
sifting, leaking or otherwise escaping therefrom. Any person operating
a vehicle from which any of its contents (e.g., glass) has dropped,
sifted, leaked or otherwise escaped therefrom, which could cause an
obstruction, damage a vehicle or otherwise endanger travelers or public
property, shall immediately cause the public property to be cleaned
and shall pay the cost thereof. For purposes of the City Code, this
provision is applicable to any and all loaded vehicles, not just those
transporting solid waste.