[HISTORY: Adopted by the Mayor and Council of the City of
Española 5-23-1989 by Ord. No. 441 (Ch. 70, Art. I, § 70-5,
of the Code of Ordinances). Amendments noted where applicable.]
No person shall throw or deposit litter in or on any street,
sidewalk or other public place within the City except in public receptacles,
in authorized private receptacles or in the City sanitary landfill.
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter on any private property, any street or other public
place within the City.
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 on any street, sidewalk
or other public or private place.
No person shall throw or deposit litter in any park within the
City except in public receptacles and in such a manner that the litter
will be prevented from being carried or deposited by the elements
on any part of the park or on any street or other private or 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.
No person shall throw or deposit any commercial or noncommercial
handbill, unsolicited newspapers, or literature in or on any sidewalk,
street or other public place within the City.
The owner or person in control of any private property shall
maintain the premises free of litter, refuse and weeds, provided that
this section shall not prohibit the storage of litter, refuse and
weeds in authorized private receptacles.
Disposition of litter on vacant, private property shall be as
follows:
A.
The City Manager is authorized to notify the owner of any open or
vacant private property within the City, or the agent of the owner,
to properly dispose of litter located on the owner's property.
Such a notice shall be by certified mail, addressed to the owner or
agent at his last known address, or by personal delivery.
B.
On the failure, neglect or refusal of any owner or agent so notified
to properly dispose of the litter within five days after receipt of
written notice or within 10 days after the date of such notice if
the same is returned to the post office, the City Manager is authorized
to pay for the disposing of such litter or to order its disposal by
the City. The cost of removal shall be imposed by placing a lien on
the property and shall remain in full force and effect for the amount
due plus interest and costs. Such lien shall be enforced according
to applicable state law.
