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:
LITTER
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.
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 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.