[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.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
Any person violating a provision of this section shall be guilty
of a Class 1 misdemeanor.
A.
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.
B.
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.
