[Amended in its entirety 10-13-2015 by Ord. No. 15-23]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- All refuse, debris, or waste materials, including but not limited to bottles, glass, crockery, cans, scrap metal, paper, plastic, rubber, garbage, cigars, cigarettes and other smoking products, weeds over 12 inches in height, undergrowth, offal, waste building material at construction sites, disposable packages or containers thrown or deposited as prohibited in this article, and any appliances, furniture, inoperative vehicles and vehicle parts, and mattresses in open storage, but not including the properly disposed waste of the primary processes of mining, logging, sawmilling, farming, or manufacturing.
- LITTER RECEPTACLE
- A container with a capacity of not less than 10 gallons, constructed and placed for use as a depository for litter.
Any person convicted of a violation of this article is guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not less than $250 or more than $2,500, either or both. In lieu of the imposition of confinement in jail, the court may order the defendant to perform a mandatory minimum of 10 hours of community service in litter abatement activities.
Enforcement officers of the City Police Department are hereby empowered to issue a summons to any person violating any provision of this article and may serve and execute all warrants and other process issued by the courts in enforcing the provisions of this article.
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 receptacles at disposal sites designated by the City Manager.
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.
No person shall throw or deposit litter on any open or vacant private property within the City, whether owned by such person or not.
It shall be unlawful to deposit any item except litter in any receptacle placed for public use as a depository for litter.
It shall be the duty of each proprietor and each operator of any business, industry, or institution to keep the adjacent and surrounding area clear and free of litter. These areas include, but are not restricted to, public and private sidewalks, roads, and alleys, grounds, parking lots, loading areas, and all vacant lots which are owned or leased by the establishment or institution.
It shall be the duty of any person owning or operating any public place or establishment to provide receptacles adequate to contain the litter generated at the establishment.
It shall be the duty of each residential property owner and tenant to keep all exterior private property free from litter. These areas shall include, but not be restricted to, sidewalks, alleys, driveways, yards and grounds, fences, walls, drainages, and vacant lots in residential areas.
It shall be the duty of every tenant, lessee or occupant of any residence or establishment, boardinghouse, hotel, restaurant, or business house to provide for collection of refuse by the City or refuse collector from such residence, establishment, etc., as required by this article.
Upon the failure, neglect or refusal of any owner so to do, the City Manager is hereby authorized and empowered to have served upon or mailed by certified mail written notice to the owner of such property, directing the owner to remove or cause to be removed from such property all of the trash, garbage, refuse, litter, and other substances mentioned in this section within 10 days after receipt of such notice. If the owner of such property fails to comply with the terms of such notice within the time therein prescribed, or if the whereabouts of the owner are unknown to the City Manager and cannot after the exercise of reasonable diligence on his part be ascertained, the City Manager, on behalf of the City, shall have such trash, garbage, refuse, litter, and other like substances removed by the City's agents or employees, in which event the costs or expenses thereof, plus 15% to cover the City's administrative costs, shall be chargeable to and paid by the owner of such property, and shall be collected by the City as taxes and levies are collected.
It shall be unlawful for any person to place upon the sidewalks, alleys or streets of the City any sweepings or trash from stores or other buildings, or any leaves, yard cleanings or clippings, debris from pruning, or other refuse materials, except that, during such period of time each year as may be designated by the City Manager by an advertisement in a newspaper having general circulation in the City, leaves may be placed in the street as near to the curbing, or, if there is no curbing, as near to the edge of the street, as is practicable and so as not to obstruct the flow of traffic.
No person shall throw or deposit or cause to be deposited upon any City street, public alley, or public sidewalk any glass bottle, glass, nail, tack, wire, can, or other substance likely to injure any person or animal, or damage any vehicle upon such street, alley, or sidewalk, nor shall any person throw or deposit or cause to be deposited upon such street, alley or sidewalk any soil, sand, mud, gravel or other substance so as to create the likelihood of a hazard to the traveling public, the invasion of private property, or the destruction, obstruction, or damaging of public property.
Any person who drops, throws, deposits, or permits to be dropped, thrown, or deposited upon any City street, public alley, or public sidewalk any destructive, hazardous or injurious material shall immediately remove the material or cause it to be removed. Any person removing a wrecked or damaged vehicle from a street or alley shall promptly remove any glass or other injurious substance dropped upon such street or alley from such vehicle.
Any person violating a provision of this section shall be guilty of a Class 1 misdemeanor.
It shall be unlawful for any owner, agent, or contractor to permit the accumulation of litter 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 a construction or development site to furnish litter receptacles and to collect and contain litter therein in order to prevent scattering of bulk litter on a daily basis. All litter shall be removed from such site not less than once a week.