[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:
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.
A container suitable for the disposing of litter.
Any area that is used or held out for use by the public,
whether owned or operated by public or private interests.
A.
Litter receptacles shall be required at the following
public places within the City of Rockwood:
(1)
Buildings held out for public use.
(2)
Bus stops.
(3)
Parks.
(4)
Drive-in restaurants.
(5)
Street vendor locations.
(6)
Self-service refreshment areas.
(7)
Construction sites.
(8)
Gas service station islands.
(9)
Shopping centers.
(10)
Parking lots.
(11)
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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]
A.
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:
(1)
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.
(2)
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.
(3)
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.
B.
Definitions.
(1)
COMMERCIAL HANDBILL
(a)
(b)
(c)
(d)
HANDBILL DISTRIBUTOR
NEWSPAPER
NONCOMMERCIAL HANDBILL
PERSON
PRIVATE PREMISES
PUBLIC PLACE
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:
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:
Which advertises for sale any merchandise, product,
commodity, or thing; or
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
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
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 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.
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.
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, boulevards, avenues, lanes, alleys,
or other public ways, and any and all public parks, squares, spaces,
plazas, grounds and buildings.
(2)
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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:
(1)
The person who printed, wrote, compiled or manufactured
the same.
(2)
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.
J.
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.
K.
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.
L.
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:
(1)
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
(2)
Which is offensive to public morals or decency, or
which contains blasphemous, obscene, libelous or scurrilous language.
M.
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.
A.
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.
B.
The owner or managing agent, lessee, tenant or other
occupant shall keep the entire business premises free from all litter,
rubbish or trash.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.