[Added 2-3-2014 by Ord.
No. 14-01]
As used in this article, the following terms shall have the
meanings indicated:
AIRCRAFT
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles, unmanned
drones, and balloons.
COMMERCIAL HANDBILL
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:
(1)
Advertises for sale any merchandise product, commodity or thing;
(2)
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; or
(3)
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 decency, good morals, public peace, safety,
and good order, provided that 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 any ordinance of this Town; or
(4)
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.
LITTER
Any discarded, used or unconsumed substance or waste material,
whether made of aluminum, glass, plastic, rubber, paper, or other
material or synthetic material, or any combination thereof, including,
but not limited to, any bottle, jar or can, any unlighted cigarette,
cigar, match or any flaming or glowing material or any trash, refuse
or solid waste, as defined herein, and all other waste material.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample, or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet,
or any other matter printed or otherwise reproduced original or copies
of any matter or literature not included in the aforesaid definitions
of a commercial handbill or newspaper.
[Ord. No. 90-5, 10-15-1990; amended 2-3-2014 by Ord. No. 14-01]
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Town except in public receptacles,
in authorized private receptacles for collection or in official Town
refuse disposal areas.
[Ord. No. 90-5, 10-15-1990]
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.
[Ord. No. 90-5, 10-15-1990]
No person shall sweep into or deposit in any gutter, street
or other public place within the Town 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 such property free of litter.
[Ord. No. 90-5, 10-15-1990; Ord. No. 90-6, 12-3-1990; amended 2-3-2014 by Ord. No. 14-01]
(a) No person owning or occupying a place of business shall sweep into
or deposit in any gutter, street or other public place within the
Town 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 Town shall keep the sidewalk in front
of such business free of litter.
(b) The owner or person in control of any establishment where removal
by customers of single-service food and beverage containers, food
or beverage wrappers, bags or boxes is likely to result in consumption
or utilization of the package outside of the customer's home
and the package become litter shall conform to the following: The
owner or person in control shall be responsible for litter control
from their establishment within a five-hundred-foot radius of such
establishment.
[Ord. No. 90-5, 10-15-1990]
No person while a driver or passenger in a vehicle shall throw
or deposit litter upon any street or other public place within the
Town or upon private property.
[Ord. No. 90-5, 10-15-1990]
No person shall drive or move any truck or other vehicle within
the Town 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.
[Ord. No. 90-5, 10-15-1990]
No person shall throw or deposit litter in any park within the
Town 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 herein.
[Ord. No. 90-5, 10-15-1990; amended 2-3-2014 by Ord. No. 14-01]
No person shall throw or deposit litter in any fountain, pond,
lake, stream, river or any other body of water in a park or elsewhere
in the Town.
[Ord. No. 90-5, 10-15-1990]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle in a manner to cause litter; provided,
however, it shall not be unlawful in any public place for a person
to hand out or distribute without charge to the receiver thereof a
noncommercial handbill to any occupant of a vehicle who is willing
to accept it.
[Ord. No. 90-5, 10-15-1990]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
[Ord. No. 90-5, 10-15-1990]
No person shall throw, deposit or distribute any commercial
or noncommercial 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 manner that the occupants
of such premises do not desire to be molested or have their right
of privacy disturbed or to have any such handbills left upon such
premises.
[Ord. No. 90-5, 10-15-1990]
(a) No person shall throw, deposit or distribute any commercial or noncommercial
handbill in or handing or transmitting any such handbill directly
to the owner, occupant or other person then present in or upon such
private premises; provided, however, 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 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 postal law or regulations.
(b) The provisions of this section shall not apply to the distribution
of mail by the United States, nor to the newspapers (as defined herein)
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.
[Ord. No. 90-5, 10-15-1990]
No person in an aircraft shall throw out, drop or deposit within
the Town any litter, handbill or any other object.
[Ord. No. 90-5, 10-15-1990]
No person shall post or affix any notice, poster or other paper
or device calculated to attract the attention of the public to any
lamp post, public utility pole or shade tree, or upon any public structure
or building, except as may be authorized or required by law.
[Ord. No. 90-5, 10-15-1990]
No person shall throw or deposit litter on any occupied private
property within the Town, whether owned by such person or not, except
that the owner or person in control of private property may maintain
authorized private receptacles from collection in such a manner that
litter will be prevented from being carried or deposited by the elements
upon any street, sidewalk or any other public place or upon any private
property.
[Ord. No. 90-5, 10-15-1990]
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, however,
this section shall not prohibit the storage of litter in authorized
private receptacles for collection.
[Ord. No. 90-5, 10-15-1990]
No person shall throw or deposit litter on any open or vacant
private property within the Town, whether or not owned by such person.
[Ord. No. 90-5, 10-15-1990; amended 2-3-2014 by Ord. No. 14-01]
The Town Manager or his designee is hereby authorized and empowered
to notify the owner of any open or vacant private property within
the Town, or the agent of such owner, to properly dispose of litter
located on such owner's property. Such notice shall be by registered
or certified mail and addressed to the owner at such owner's
last known address.