[Ord. No. 18.41, 8-16-2018[1]]
For the purpose of this Article, the following terms, phrases,
words, and their derivations shall have the meanings given herein:
A container of watertight construction with a tight-fitting
lid or cover capable of preventing the escape of contents within.
Such receptacles shall have handles or other means for safe and convenient
handling and is of such size or sufficient capacity to hold all litter
generated between collection periods and shall follow the regulations
promulgated.
Any private or public property upon which repairs to existing
buildings, construction of new buildings, or demolition of existing
structures is taking place.
Garbage, refuse, and rubbish 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 dock space or area used by any moving vehicle for receiving,
shipping and transporting goods, wares, commodities and persons located
on or adjacent to any stream, river or land.
All property, including, but not limited to, vacant land
or any land, building or other structure designed or used for residential,
commercial, business, industrial, institutional or religious purposes,
together with any yard, grounds, walk, driveway, fence, porch, steps,
vestibule, mailbox and other structure appurtenant thereto.
All streets, sidewalks, boulevards, alleys or other public
ways, lakes, rivers, watercourses or fountains and all public parks,
squares, spaces, grounds, and buildings.
Any receptacles provided by or authorized by the City.
Every device in, upon or by which any person or property
is or may be transported or drawn upon land or water, including devices
used exclusively upon stationary rails or tracks.
[1]
Editor's Note: This ordinance repealed former Art. II,
Anti-Litter Regulations, adopted and/or amended by R.O. 2006 §§ 220.140
through 220.300; CC 1985 §§ 14-40 through 14-56; Ord.
No. 88.13, 7-25-1988; Ord. No. 10.11 §§ 1 — 2,
3-19-2010.
[Ord. No. 18.41, 8-16-2018]
A.
Prohibited. No person shall dump or otherwise deposit or cause, permit,
suffer or allow the dumping or depositing of any trash, garbage, rubbish,
yard waste, litter or any other offensive or disagreeable thing in
any public place, public building or market, or on or along any sidewalk,
street, alley, boulevard, highway, right-of-way, viaduct, tunnel,
park or parkway, or upon any private property or in any refuse container
located on private property without the consent of the owner of the
property, nor shall any person dump or deposit or cause, permit, suffer
or allow the dumping or depositing of garbage or household refuse
in any City litter can upon any street.
B.
Evidence Of Violation.
1.
Bags, Mounds And Accumulations Of Trash. When in any bags, mounds
and accumulations of trash there is evidence showing any three (3)
or more items found in any bag, mound or accumulation of such garbage,
rubbish, yard waste, litter or refuse to be identifiable or traceable
to a specific individual, it shall constitute prima facie evidence
that such garbage, rubbish, yard waste, litter or refuse was under
the control of that individual and was so dumped or deposited where
subsequently found with that individual's knowledge and consent.
2.
Any item of garbage, rubbish, yard waste, litter or refuse which
is identifiable or traceable to a specific individual shall constitute
prima facie evidence that such garbage, rubbish, yard waste, litter
or refuse was under the control of that individual and was so dumped
or deposited where subsequently found with that individual's
knowledge and consent.
[Ord. No. 18.41, 8-16-2018]
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such manner as to prevent litter
from being carried or deposited by the elements upon any public place
or private premises.
[Ord. No. 18.41, 8-16-2018]
No person shall upset or tamper with a public or private receptacle
designed or used for the deposit of litter or cause or permit its
contents to be deposited or strewn in or upon any public place or
private premises.
[Ord. No. 18.41, 8-16-2018]
Persons owning, occupying or in control of any public place
or private premises shall keep the sidewalks and alleys adjacent thereto
free of litter.
[Ord. No. 18.41, 8-16-2018]
A.
The owner or person in control of a business shall maintain the property
in such a manner that litter which is a result of his business operation
will be prevented from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon any other
private property. Owners or persons in control of a business shall
keep their premises free from litter by picking up the litter at regular
intervals and depositing this litter into receptacles. A regular interval
shall be whatever period that is necessary to keep litter from being
carried or deposited by the elements upon any street, sidewalk or
other public place or upon any other property; provided, however,
that this Section shall not apply to the owner or operator of the
business who at reasonable intervals collects and removes the litter
which has been carried or deposited by the elements upon a street,
sidewalk or other public place or upon private property. Persons owning
or occupying places of business within the City shall maintain the
sidewalk and the parkway in front of their business free of litter.
B.
The owner or person in control of any private premises shall, if
public receptacles are unavailable, maintain authorized private receptacles
for collection in such a manner that litter will be prevented from
being carried or deposited by the elements upon any public place or
private premises.
[Ord. No. 18.41, 8-16-2018]
A.
No person, while the operator of or passenger in a vehicle, shall
deposit litter upon any public place or private premises.
B.
No person shall drive or move any loaded truck or other vehicle within
the City unless such vehicle is so constructed or loaded as to prevent
any part of its load, contents or litter from being blown or deposited
upon any public place or private premises.
C.
Any person, whether or not such person is a citizen of the City,
who shall witness the throwing, dumping or depositing of litter from
a motor vehicle onto any public highway, street or road, onto another's
property without the owner's permission, onto public park recreation
lands, or onto any other public property, except such as is designated
for the throwing, dumping or depositing of litter, may report the
date and time of day of the littering and the license plate registration
number and state of registration to any local Law Enforcement authority.
The license plate registration number as recorded shall constitute
prima facie evidence that the littering was done by the person to
whom such motor vehicle is registered. Any person so reporting a violation
shall be required to appear as a witness in any prosecutions resulting
therefrom.
[Ord. No. 18.41, 8-16-2018]
No person shall deposit litter in any park within the City except
in receptacles and in such a manner that the litter will be prevented
from being carried or deposited by the elements upon any part of the
park or upon any other public place or private premises. Where receptacles
are not provided, all such litter shall be removed from the park by
the person responsible for its presence and properly disposed of elsewhere
in a lawful manner.
[Ord. No. 18.41, 8-16-2018]
No person shall sweep into or deposit in any gutter, street
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.
[Ord. No. 18.41, 8-16-2018]
No person shall post or affix any notice, poster or other paper
or device, calculated to attract the attention of the public upon
any public place, except as may be authorized or required by law.
No person except the owner or tenant shall post any such notice on
private property, without the permission of the owner or tenant.
[Ord. No. 18.41, 8-16-2018]
Each contractor shall be responsible for the job site so that
litter will be prevented from being carried or deposited by the elements
upon any public place or other private premises.
[Ord. No. 18.41, 8-16-2018]
The person owning, operating or in control of a loading or unloading
dock shall maintain private receptacles for collection of litter,
and shall always maintain the dock area free of litter in such manner
that litter will be prevented from being carried or deposited by the
elements upon any public place or private premises.
[Ord. No. 18.41, 8-16-2018]
A person shall not throw, dump, deposit or cause to be thrown,
dumped or deposited litter on property owned by another person, without
the permission of the owner or occupant of such property. If an object
of litter is discovered on another person's property and permission
was not given to use the property for such purpose, then it shall
be presumed that the person whose name appears on the object threw,
dumped, deposited or caused it to be thrown, dumped or deposited there.
If the throwing, dumping or depositing of litter was done from a motor
vehicle, except public transportation for hire while carrying passengers,
it shall be presumed that the throwing, dumping or depositing was
done by the driver of the motor vehicle. Presumptions in this Section
may be overcome by proof that the person identified from the litter
caused the litter to be collected and transported for disposal at
an approved site by a person licensed by the City to collect and dispose
of solid waste.
[Ord. No. 18.41, 8-16-2018]
The procedure for the removal of litter from private premises
and the charging of expense thereof as a lien upon such property to
be collected shall be in accordance with the State Statutes. The Chief
of Police shall be responsible for the implementation of this enforcement
program.
[Ord. No. 18.41, 8-16-2018]
Any person, firm or corporation violating any provision of this Article shall be punished pursuant to the general penalty Section 100.190 of this Code. Every day any violation of this Chapter or any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense.
