[R.O. 2008 §170.160; Ord. No. 840, 7-9-1968]
For the purpose of this Article, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future tense, words used in the plural number include
the singular number and words used in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air including, but
not limited to, airplanes, helicopters, lighter-than-air dirigibles,
blimps and balloons.
A litter storage and collection receptacle meeting the requirements
of a standard container, as said term is defined in the garbage and
refuse collection ordinance of the City of Olivette.
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 of literature:
Which advertises for sale any service, merchandise or commercial
establishment or other activity for the purpose of either directly
or indirectly promoting the interest thereof by sales; or
Which directs attention to any business, merchandise or commercial
establishment or other activity for the purpose of either directly
or indirectly promoting the interest 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 which 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.
For the purposes of this Chapter only, is any restaurant
where food, frozen desserts or beverages sold from such restaurant
are regularly available for consumption out-of- doors, on bicycles
or in motor vehicles or other types of vehicles.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
"Garbage", "refuse" and "rubbish" as defined herein and all other waste material
which, if thrown or deposited as herein prohibited, tends to create
a danger to public health, safety and welfare.
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 status 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 (4) 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 of literature other than a "commercial handbill" or "newspaper"
as defined herein.
A park, reservation, playground, beach, recreation center
or any other public area in the City owned or used by the City and
devoted to active or passive recreation.
A strip of land located between a sidewalk and a physical
street, whether such land is located on a part of the street right-of-way
or not.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
Any place other than "private premises", "public building"
or "public place" as herein defined.
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 building owned or occupied by any governmental agency.
Any and all streets, including street rights-of-way, sidewalks,
boulevards, alleys or other public ways and any and all public parks,
squares, spaces, grounds and buildings.
A litter storage and collection receptacle furnished by any
"person" as defined herein or by any governmental agency for use by
the public.
All putrescible and non-putrescible solid wastes (except
body wastes) including, but not limited to, garbage, rubbish, ashes
and solid market and industrial wastes.
Non-putrescible solid wastes consisting of both combustible
and non-combustible wastes including, but not limited to, paper, wrappings,
cigarettes, cardboard, tin cans, wood, glass, bedding, crockery and
similar materials.
Every device in, upon or by which any person or property
is or may be transported.
[R.O. 2008 §170.161; Ord. No. 840, 7-9-1968]
No person shall throw or deposit litter in or upon any sidewalk,
parkway, gutter, street, alley or other public place within the City
except in public receptacles, in authorized receptacles for collection
or in official City dumps.
[R.O. 2008 §170.162; Ord. No. 840, 7-9-1968]
No person shall throw or deposit litter on any open or vacant
private property within the City, whether owned by such person or
not.
[R.O. 2008 §170.163; Ord. No. 840, 7-9-1968]
Persons placing litter in public receptacles or in authorized
receptacles shall do so in such a manner as to prevent it from being
carried or deposited by the elements upon any place.
[R.O. 2008 §170.164; Ord. No. 840, 7-9-1968]
A.
All
persons occupying any place of business, public building or private
premises shall keep such place of business, public building or private
premises, as the case may be, including the sidewalk, parkway, gutter,
street (to the centerline thereof) and alley (to the centerline thereof)
adjoining or abutting to the place so occupied free and clear of litter.
To this end:
1.
No person or authority owning, occupying or in control of a place
of business, public building or private premises shall sweep into
or deposit (or cause to be swept or deposited) in any sidewalk, parkway,
gutter, street or alley or other public place within the City an accumulation
of litter from any place of business, public building or private premises.
2.
The operator of a drive-in restaurant shall at least once in each
twelve (12) hour period during which it is open for business collect
and dispose, in authorized receptacles, all litter on the premises
of such drive-in restaurant, including the sidewalk, parkway, gutter,
street (to the centerline thereof) and alley (to the centerline thereof)
adjoining or abutting to such premises.
3.
The occupier of a place of business and the authority in control
of a public building shall, at least once in each twenty-four (24)
hour period during which it is open for business or open to the public,
as the case may be, collect and dispose of all litter on the premises
of such place of business or public building, as the case may be,
in authorized receptacles, including the sidewalk, parkway, gutter,
street (to the centerline thereof) and alley (to the centerline thereof)
adjoining or abutting to such premises.
For purposes of this Subsection, the operator of any shopping
center shall be deemed to be the occupier of all common areas of such
shopping center including, but not limited to, parking areas, parking
lots and landscaped areas which are not leased or rented to any particular
tenant, but not including any sidewalks, parkways or gutters adjoining
or abutting to any premises rented to a particular tenant.
4.
The occupier of any private premises shall, at least once in each
calendar week, collect and dispose of all litter on such private premises
in authorized receptacles, including the sidewalk, parkway, gutter,
street (to the centerline thereof) and alley (to the centerline thereof)
adjoining or abutting to such private premises.
[R.O. 2008 §170.165; Ord. No. 840, 7-9-1968]
No person while an operator or passenger in a vehicle shall
throw or deposit litter upon any street or other public place within
the City or upon private property, nor shall any operator of a vehicle
allow or permit the throwing or disposing of any litter from such
vehicle by himself/herself or by any passenger thereof upon any street
or other public place within the City or upon private property.
[R.O. 2008 §170.167; Ord. No. 840, 7-9-1968]
No person shall throw or deposit litter in any part 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
upon any 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 as provided herein.
[R.O. 2008 §170.168]
No person shall throw or deposit litter in any fountain, pond,
stream or any other body of water in a park or elsewhere within the
City.
[R.O. 2008 §170.169; Ord. No. 840, 7-9-1968]
No person shall throw or deposit any commercial or non-commercial
handbill in or upon any sidewalk, parkway, gutter, street or other
public place within the City, nor shall any person hand out or distribute
or sell any commercial handbill in any public place. Provided however,
that it shall not be unlawful on any sidewalk, street or other public
place within the City for any person to hand out or distribute, without
charge to the receiver thereof, any non-commercial handbill to any
person willing to accept it.
[R.O. 2008 §170.170; Ord. No. 840, 7-9-1968; Ord. No. 2274, 3-22-2005]
No person shall throw or deposit any commercial or non-commercial
handbill in or upon any vehicle.
[R.O. 2008 §170.171; Ord. No. 840, 7-9-1968]
No person shall throw or deposit any commercial or non-commercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
[R.O. 2008 §170.172; Ord. No. 840, 7-9-1968]
No person shall throw, deposit or distribute any commercial
or non-commercial handbill upon any private 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 Advertisements"
or any similar notice indicating in any manner that the occupants
of said premises do not desire to be molested or have their right
of privacy disturbed or to have any such handbills left upon such
premises.
[R.O. 2008 §170.173; Ord. No. 840, 7-9-1968]
A.
No
person shall throw, deposit or distribute any commercial or non-commercial
handbill in or upon private premises which are inhabited except by
handling or transmitting any such handbill directly to the owner,
occupant or 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 Chapter, such person, unless requested
by anyone upon such premises not to do so, 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 sidewalks, streets
or other public places, except that mailboxes may not be so used when
so prohibited by Federal postal law or regulations.
B.
Exemption For Mail And Newspapers. The provisions of this
Section shall not apply to the distribution of mail by the United
States nor to newspapers (as defined herein), except that newspapers
shall be placed on private property in such a manner as to prevent
their being carried or deposited by the elements in an unbound condition
upon any sidewalk, parkway, gutter, street, alley or other public
place or upon private property.
[R.O. 2008 §170.174; Ord. No. 840, 7-9-1968]
No person in an aircraft shall throw out, drop or deposit within
the City any litter, handbill or any other object.
[R.O. 2008 §170.175; Ord. No. 840, 7-9-1968]
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 or required by law.
[R.O. 2008 §170.176; Ord. No. 840, 7-9-1968]
A.
Notice To Remove. The City Manager or his/her duly authorized
representatives are hereby authorized and empowered to notify the
owner of any premises within the City to properly dispose of litters
located on such premises or the sidewalks, parkways, gutters, streets
(to the centerline thereof) or alleys (to the centerline thereof)
adjoining or abutting to such premises, which litter is dangerous
to public health, safety or welfare. Such notice shall be in writing
and shall be given:
1.
In person, or
2.
By registered mail or certified mail, requesting a return receipt
signed by the addressee or an agent of the addressee, addressed to
the owner at his/her last known address as furnished to or by the
City, or
3.
By posting a copy of such notice on the premises themselves for a
period of not less than five (5) days in such a way that it might
also be seen by persons not in possession of such premises.
B.
Action Upon Non-Compliance. Upon the failure, neglect or
refusal of any owner so notified to properly dispose of such litter
within five (5) days after the giving of the written notice provided
for in the preceding Subsection, the City Manager and his/her duly
authorized representatives are hereby authorized and empowered to
obligate the City to pay for the collection and disposal of such litter
or to order its collection and disposal by the City.
C.
Charge Included In Tax Bill Or Other Bill.
1.
When the City has effected the collection and disposal of such dangerous
litter or has paid for its collection and disposal, the cost thereof
plus accrued interest at the rate of eight percent (8%) per annum
from the date of completion of the work to the date of payment, if
not paid by such owner prior thereto, may be charged to the owner
of such property by forwarding a bill to such owner by the City and
said charge shall be due and payable by said owner at the time of
receipt of such bill. In the case of an owner of property exempt from
real estate taxes, the bill for the cost of such collection and disposal
plus the accrued interest may be mailed by regular mail addressed
to the owner at his/her last known address as furnished to or by the
City.
2.
When computing the actual cost of the collection and disposal of
such dangerous litter, the City shall include in such actual cost,
before any interest charges, a service charge equal to twenty-five
percent (25%) of the costs of labor and of the use of equipment, as
well as any dumping charges, to reflect the administrative costs incurred
by the City in connection with the billing for such collection and
disposal.
D.
Recorded Statement Constitutes Lien.
1.
Where the full amount due the City is not paid by such owner within ninety (90) days after the sending of a bill for the collection and disposal of such litter as provided for in Subsection (C) (1) and (2) above, the City Manager or his/her duly authorized representatives shall cause to be recorded in the office of the Recorder of Deeds of St. Louis County, Missouri (or his/her successor), a verified statement showing the cost and expense incurred for the work, including any interest computed in accordance with Subsection (C)(1), the date the work was done and the legal description of the premises on which said work was done. The recording of such verified statement shall constitute a lien on such premises and shall remain in full force and effect for the amount due in principal and interest plus costs of court, if any, for collection, including a reasonable attorney's fee of at least twenty-five percent (25%) of the amount collected, until final payment has been made. Said costs and expenses may be collected in any manner allowed by law and shall be subject to a delinquent penalty of fifteen percent (15%) in the event the same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent or in the case of the owner of property exempt from real estate taxes, three (3) months after the date of the bill for such work was mailed by regular mail addressed to the owner thereof at his/her last known address as furnished to or by the City.
2.
A copy of the verified statement recorded in accordance with these
provisions and certified as a true and complete copy by the Recorder
of Deeds of St. Louis County, Missouri, or his/her successor, or the
recorded verified statement itself, shall be prima facie evidence
that all legal formalities have been complied with and that the work
has been done properly and satisfactorily and shall be full notice
to every person concerned that the amount of the statement, plus interest
and appropriate costs and penalties, constitutes a charge against
the property designated or described in the statement and that the
same is due and collectible as provided by law.
[R.O. 2008 §170.177; Ord. No. 1225, 1-10-1978; Ord. No. 2277, 5-24-2005]
A.
Evidence Of Littering.
1.
Whenever litter is thrown, deposited, dropped or dumped from any
motor vehicle, boat, airplane or other conveyance in violation of
this Article, it shall be prima facie evidence that the operator of
the conveyance has violated this Article.
2.
Except as provided in Subsection (A)(1) above, whenever any litter which is dumped, deposited, thrown or left on public or private property in violation of this Article is discovered to contain any item including, but not limited to, letters, bills, publications or other writing which display the name of the person thereon in such a manner to indicate that the item belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this Article.
B.
Penalty For Violation.
1.
Any person violating any of the provisions of this Article shall
be deemed guilty of a misdemeanor and, upon conviction thereof, shall
be subject to the penalties provided for violation of City ordinances.
Every day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such hereunder.
2.
In addition to the penalties set out above, the court may order the
violator to pick up and remove any and all litter from any public
property, private right-of-way for a distance not to exceed one (1)
mile or, with prior permission of the legal owner or tenant in lawful
possession of private property, any such private property upon which
it can be established by competent evidence that he/she has deposited
litter, including any litter he/she has deposited and any litter deposited
thereon by anyone else prior to the date of execution of sentence.
