[R.O. 2009 §20-31; Code 1969 §21-1; Ord. No. 3091 §1, 10-1-1990; Ord. No. 3231 §1, 7-20-1992; Ord. No. 4155 §1, 12-1-2008]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
A litter storage and collection receptacle.
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
which:
Advertises for sale any merchandise, product, commodity or thing;
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;
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 of the same is held, given or takes place in connection
with the dissemination of information which is not restricted under
the ordinary rules of public peace, safety and good order. 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 this Code or other ordinance
of this City;
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.
A controlled biological reduction of organic wastes to humus.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any tacks, nails, washers, wire, scrap metal, glass, crockery,
sharp stones or other substances injurious to the feet of persons
or animals or the tires of vehicles; any paper, rubbish, garbage or
debris of any and all kinds; any mud, dirt, sand, gravel, rock, stone
or other excavated material or substance dug, scooped, blasted or
removed from the earth of any lot or tract of land; and any and all
hazard or obstruction to the movement of pedestrian or vehicular traffic.
Any newspaper, mailed or of general circulation.
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.
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.
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,
and shall include any yard, ground, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
All putrescible and non-putrescible solid wastes, except
body wastes, including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and solid market and industrial
wastes.
Non-putrescible solid wastes, including recycling, consisting
of both combustible and non-combustible wastes, such as paper, wrappings,
cigarettes, cardboard, aluminum and tin/steel cans, plastic, yard
clippings, leaves, wood, glass, bedding, crockery and similar materials
and any other approved recycling materials.
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.
[R.O. 2009 §20-32; Code 1969 §21-2]
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.
[R.O. 2009 §20-33; Code 1969 §21-3; Ord. No. 3231 §3, 7-20-1992]
Persons placing litter in public receptacles or in authorized private receptacles or persons placing yard waste in compost piles in accordance with Article III of this Chapter, 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.
[R.O. 2009 §20-34; Code 1969 §21-4]
No person shall sweep 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.
[R.O. 2009 §20-35; Code 1969 §21-5]
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 sidewalk in front
of their business premises free of litter.
[R.O. 2009 §20-36; Code 1969 §21-6]
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.
[R.O. 2009 §20-37; Code 1969 §21-7]
No person shall drive or move any truck or other vehicle within
the City unless such vehicle is so constructed or loaded as to prevent
any load, contents 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.
[R.O. 2009 §20-38; Code 1969 §21-8]
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.
[R.O. 2009 §20-39; Code 1969 §21-9]
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.
[R.O. 2009 §20-40; Code 1969 §21-15]
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.
[R.O. 2009 §20-41; Code 1969 §21-16]
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.
[R.O. 2009 §20-42; Code 1969 §21-17]
No person shall throw or deposit litter on any open or vacant
private property within the City whether owned by such person or not.
[R.O. 2009 §20-43; Code 1969 §21-18]
The City Engineer is hereby authorized and empowered to notify
the owner of any open or vacant private property within the City or
the agent of such owner to properly dispose of litter located on such
owner's property which is dangerous to public health, safety or welfare.
Such notice shall be by registered mail, addressed to the owner at
his/her last known address.
[R.O. 2009 §20-44; Code 1969 §21-19]
Upon the failure, neglect or refusal of any owner or agent notified to remove litter, to properly dispose of litter dangerous to the public health, safety or welfare within ten (10) days after receipt of written notice provided for in Section 235.390 or within twelve (12) days after the date of such notice if the same is returned to the City post office department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the City Engineer is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the City.
[R.O. 2009 §20-45; Code 1969 §21-20]
When the City has effected the removal of dangerous litter or
has paid for its removal, the actual cost thereof, plus accrued interest
at the rate of six percent (6%) per annum from the date of the completion
of the work, if not paid by the property owner prior thereto, shall
be charged to the owner of such property on the next regular tax bill
forwarded to such owner by the City. Such charge shall be due and
payable by the owner at the time of payment of such bill.
[R.O. 2009 §20-61; Code 1969 §21-10]
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. It shall be unlawful within the City for any person to hand
out or distribute on any sidewalk, street or other public place any
handbill to any person who is not willing to accept it.
[R.O. 2009 §20-62; Code 1969 §21-11]
It shall be unlawful for any person to distribute literature
or handbills in or upon motor vehicles except in a manner that will
prevent same from being blown or scattered by the elements.
[R.O. 2009 §20-63; Code 1969 §21-12]
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.
[R.O. 2009 §20-64; Code 1969 §21-13]
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 matter that the occupants
of the premises do not desire to be molested or have their right of
privacy disturbed or to have any such handbills left upon such premises.
[R.O. 2009 §20-65; Code 1969 §21-14]
A.Â
No
person shall throw, deposit or distribute any commercial or non-commercial
handbill in or upon private premises which are inhabited, except by
handing or transmitting any such handbill directly to the owner, occupant
or other person then present in or upon such private premises; provided
that in case of inhabited private premises which are not posted, as
provided in this Article, such person, unless requested by anyone
upon such premises not to do so, may place or deposit any such handbill
in or upon such inhabited private premises, if such handbill is so
placed or deposited as to be secure or prevent such handbill from
being blown or drifted about such premises or sidewalks, streets or
other public places and except that mailboxes may not be so used when
so prohibited by Federal law or regulations.
B.Â
The
provisions of this Section shall not apply to the distribution of
mail by the United States, nor to newspapers, except that newspapers
shall be placed on private property in such a manner as to prevent
their being carried or deposited by the elements upon any street,
sidewalk or other public place or upon private property.
