This Article shall be known and may be cited as the "Anti-Litter
Ordinance".
For the purposes of this Article, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
AIRCRAFT
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air
dirigibles and balloons.
COMMERCIAL HANDBILL
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:
1.
Which advertises for sale any merchandise, product, commodity
or thing; or
2.
Which directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales; or
3.
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 thereof 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 provision of this Code or other ordinance of this
City; or
4.
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.
LITTER
Garbage, refuse, rubbish and all other waste material which,
if thrown or deposited as in this Article prohibited, tends to create
a danger to public health, safety or welfare.
NEWSPAPER
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, the term "newspaper" 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.
NON-COMMERCIAL HANDBILL
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 not included in the aforesaid definitions of
a commercial handbill or newspaper.
PARK
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.
PRIVATE PREMISES
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,
but not including any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
PUBLIC PREMISES
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the City except in public receptacles,
in authorized private receptacles for collection or in official City
dumps.
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 upon any street, sidewalk
or other public place or upon private property.
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.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
No person owning or occupying a place of business 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. Persons owning or occupying
places of business within the City shall keep the sidewalks and other
areas in front of their business premises or on their parking spaces
free of litter.
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
City or upon private property.
No person shall drive or move any truck or other vehicle within
the City unless such vehicle is so constructed and loaded as to prevent
any load, cargo or litter from being blown or deposited upon any street,
alley or other public place. Nor shall any person drive or move any
vehicle or truck within the City, the wheels or tires of which carry
onto or deposit in any street, alley or other public place mud, dirt,
sticky substances, litter or foreign matter of any kind.
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
upon any part of the park or upon any street or other 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 as provided in this Article.
No person shall throw or deposit litter in any fountain, pond,
lake, stream, bay or any other body of water in a park or elsewhere
within the City.
No person shall throw or deposit any commercial or non-commercial
handbill in or upon any sidewalk, 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 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.
No person shall throw or deposit any commercial or non-commercial
handbill in or upon any vehicle, provided that it shall not be unlawful
in any public place for a person to hand out or distribute, without
charge to the receiver thereof, a non-commercial handbill to any occupant
of a vehicle who is willing to accept it.
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 such premises
in a conspicuous position near the entrance thereof a sign bearing
the words: "No Trespassing", "No Peddlers or Agents", "No Advertisement"
or any similar notice indicating in any manner that the occupants
of such premises do not desire to be molested or have their right
of privacy disturbed or to have any such handbills left upon such
premises.
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.
No person shall throw or deposit litter on any occupied private
property within the City, whether owned by such person or not, except
that the owner or person in control of private property may 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 street, sidewalk or other public place or upon any private
property.
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, that
this Section shall not prohibit the storage of litter in authorized
private receptacles for collection.
No person shall throw or deposit litter on any open or vacant
property within the City whether owned by such person or not. No person
in an aircraft shall throw out, drop or deposit within the City any
litter, handbill or any other object.