[CC 1983 §13-29]
As used in this Article, "litter" shall mean
any glass, glass bottles, wire, nails, tacks, cans, grass, limbs,
shrub trimmings, garbage, trash or rubbish of any kind, nature or
description.
[CC 1983 §13-30]
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.
[CC 1983 §13-31]
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.
[CC 1983 §13-32]
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.
[CC 1983 §13-33]
Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter.
[CC 1983 §13-34]
Persons owning or occupying places of business within the City
shall keep the sidewalk in front of their business premises free of
litter.
[CC 1983 §13-35]
No person, while a driver or passenger in a vehicle, shall throw
or deposit any litter upon any street or other public place within
the City, or upon private property.
[1]
Cross Reference — Motor vehicles and traffic, Title
III.
[CC 1983 §13-36]
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 Chapter.
[CC 1983 §13-37]
No person shall throw or deposit litter in any fountain, pond,
lake, stream, bay or other body of water in a park or elsewhere within
the City.
[CC 1983 §13-38]
No person in any aircraft shall throw, drop or deposit within
the City any litter.
[CC 1983 §13-39]
No person shall throw or deposit litter on any occupied private
property within the City, whether owned by such person or not; provided
however, 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.
[CC 1983 §13-40]
No person shall throw or deposit litter on any open or vacant
private property within the City whether owned by such person or not.
[CC 1983 §13-41]
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.
[1]
Cross Reference — Motor vehicles and traffic, Title
III.
[CC 1983 §13-42]
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided however,
that this Section shall not prohibit the storage of litter in authorized
private receptacles for collection.
[CC 1983 §13-43]
A.
Notice To Remove. The City Health Officer 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.
B.
Action Upon Non-Compliance. Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare within five (5) days after receipt of written notice provided for in Subsection (A) above, or within five (5) days after the date of such notice in the event 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 Health Officer is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the City.
C.
Charge Included In Tax Bill. When the City has effected
the removal of such 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 such 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, and such charge shall be due and payable by such owner
at the time of payment of such tax bill.
D.
Recorded Statement Constitutes Lien. Where the full amount due the City is not paid by such owner within ten (10) days after the disposal of such litter, as provided for in Subsections (A) and (B) above, then, and in that event, the Health Officer shall cause to be recorded in the office of the City Clerk, a sworn statement showing the cost and expense incurred for the work, the date, the work and expense incurred for the work, the date the work was done and the location of the property on which such work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Such costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further, shall be subject to a delinquent penalty of ten percent (10%) in the event the same is not paid in full on or before the date that the tax bill, upon which such charge appears, becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
