[Adopted 1-13-1981 by Ord. No. MC 2622 as Ch. 134, Art. I, of the 1981
Revised Code]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown, deposited or stored as prohibited
by this article, tends to create a danger to public health, safety
and welfare.
Any natural person, corporation, firm, partnership, association,
or other entity, acting or benefiting from the actions whether named
in the poster, flyer or other advertisement or not, publicizing an
establishment, premises, location, or business, regardless of the
number of different corporations, partnerships, proprietorships, individuals
or other forms of enterprise related to or having any interest in
the establishment, premises, location or business.
[Added 1-27-2004 by Ord.
No. MC 3250]
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,
including any yard, ground walk, driveway, porch, steps or vestibule
belonging or appurtenant to such dwelling house building or other
structure.
Any streets, sidewalks, alleys or other public ways and any
public parks, squares, spaces, grounds and buildings.
Any structure or building owned or operated by the federal,
town, county or state government or any governmental agency.
All putrescible solid wastes (except body wastes), including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, dismantled automobiles and parts thereof, scrap metal,
junk, machinery and solid market and industrial wastes.
Nonputrescible solid wastes, consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery,
building materials and similar materials.
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Town except in public receptacles
or in authorized private receptacles for collection or in official
Town dumps.
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.
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 their premises free of litter.
[Amended 4-26-1994 by Ord. No. MC 2996]
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 Township shall keep the sidewalk in
front of their business premises free of litter, and in addition,
within 30 minutes of opening and closing for business and between
the hours of 12:00 p.m. and 1:00 p.m., including weekends and holidays,
when open for business, merchants shall sweep their sidewalks and
an area 18 inches out from the curb, and in addition, such business
merchants shall pick up and deposit all paper, debris and sweepings
resulting from sweeping and cleaning their sidewalks.
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.
A.
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 or contents of litter from being blown or deposited upon
any street, alley or other public place.
B.
No person shall drive or move any vehicle or truck within the Town
the wheels or tires of which carry onto or deposit in any street,
alley or other public place any mud, dirt, sticky substances or foreign
matter of any kind.
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 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.
[Amended 11-11-1974 by Ord. No. MC 2428]
A.
No person shall throw or deposit litter in any fountain, pond, lake,
stream, bay, municipal sewer or sewer line or any body of water in
a park or elsewhere within this Town.
B.
No person shall pollute or allow the existence of conditions which
cause or threaten pollution of any water, or other liquid existence
or presence which causes or threatens injury to the health, comfort
or property of inhabitants of this Town.
C.
No person shall allow the existence or presence of any water or other
liquid in which mosquito larvae breed or exist, or any other liquid
existence or presence which causes or threatens injury to the health,
comfort or property of the inhabitants of this Town.
No person in an aircraft shall throw out, drop or deposit within
the Town any litter, handbill or any other object.
[Amended 11-28-2022 by Ord. No. MC 3810]
A.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the Town. No person shall hand out or distribute or sell any commercial
handbill in any public place; provided, however, that it shall not
be unlawful on any sidewalk, street or other public place within the
Town for any person to hand out or distribute, without charge to the
receiver thereof, any noncommercial handbill to any person willing
to accept it.
[Amended 11-28-2022 by Ord. No. MC 3810]
A.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle; provided, however, that 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. It shall also
be unlawful for any person to respond or benefit from the placement
of any illegally distributed handbill within the Township.
[Amended 11-28-2022 by Ord. No. MC 3810]
A.
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.
[Amended 1-10-2006 by Ord. No. MC 3311; 3-13-2018 by Ord. No. MC 3635; 11-28-2022 by Ord. No. MC 3810]
It shall be unlawful for any person to deliver or deposit, or
for any person, firm or corporation to cause the delivery or deposit,
of any unsolicited newspapers, shoppers, circulars, leaflets, flyers
and other like printed matter to or upon private premises within the
Township of Irvington except in accordance with the terms herein.
For purposes of this section, "unsolicited" shall mean the printed
matter referred to herein which has not been ordered, subscribed or
requested by the recipient.
A.
Such printed matter shall be placed only within a permanently installed
appurtenance to the premises designed and designated for the receipt
of such printed matter or by handing or transmitting the handbill
directly to the owner, occupant or other person then present.
B.
Excepted from Subsection A shall be such printed matter which plainly bears upon it either in the masthead or on the front page setting forth the name, telephone number and address of the person responsible for its circulation to whom may be addressed a written notice by any recipient indicating the recipient's desire to cease future delivery of the particular item of printed matter. The notice shall be a minimum 11 point, bold type in size and shall appear in each publication.
C.
There shall be no intentional delivery whatsoever of any such unsolicited printed matter to premises after the owner or tenant of such premises has notified the person responsible for its circulation, as referred to in Subsection B herein, by certified mail, return receipt requested, and by first class mail that future delivery shall cease.
D.
Any person or business responding to or attempting to benefit from the illegal placement or any illegally distributed handbill on private premises shall be in violation of § 380-14.
E.
Penalties. Any person, firm or corporation who violates this section shall be subject to the fines and penalties set forth in § 380-24, Violations and penalties; schedule of fines.[1]
[1]
Editor's Note: Former 134-15 of the 1981 Revised Code, Distribution
on private premises generally, which previously followed this section,
was superseded 1-10-2006 by Ord. No. MC 3311. See now 380-14.
[Amended 7-11-2006 by Ord. No. MC 3320]
A.
PERSON
SIGN
As used in this section, the following terms shall have the following
meanings indicated:
Any individual, political candidate, political committee,
person, firm, partnership, association, corporation, company, organization,
or other entity of any kind.
Includes any bill, poster, placard, handbill, flyer, painting,
notice, advertisement, or other similar object or matter that contains
printed or written matter in words, symbols, pictures, or any combination
of them.
B.
Postings prohibited. No person may post, place, or affix a sign:
(1)
On any building owned, leased or controlled by the Township of Irvington;
(2)
On or within the confines of any public park, recreation area, or
other landscaped grounds owned or operated by the Township of Irvington;
(3)
On any flagpole or tree owned by the Township of Irvington;
(4)
On any traffic-control sign or device, including, but not limited
to, stop lights and their standards, stop signs, yield signs, one-way
street signs, and any other sign or device that directs traffic or
controls traffic signals, or on the supporting post of any traffic-control
sign or device;
(5)
That in any way:
(6)
On any other property owned, leased, or controlled by the Township;
or
(7)
On any pole, building or property that is owned, leased, or controlled
by a public utility and located within or on any public street, alley,
or other public property.
C.
Removal of illegal signs.
(1)
(2)
From Township property; by others. For any sign posted in violation of Subsection B(1) through (6) of this section, any individual may:
(b)
Make submission to the Department of Public Works for further
enforcement proceedings. The submission:
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
[1]
Must be accompanied by an affidavit, in the form and tenor required
by the Department of Public Works, that describes the circumstances
of the violation and removal; and
[2]
May designate a nonprofit community or neighborhood association
listed with the Department of Public Works to share in any fines that
might be collected in the matter. An association so designated is
entitled to receive 50% of any fine collected.
(3)
From public utility property. For any sign posted in violation of Subsection B(1) through (6) of this section:
(a)
The public utility may summarily remove the sign; or
(b)
The public utility or the Department of Public Works may send written notice to the person responsible, as described in Subsection D of this section, ordering that person to remove the sign within the time specified in the notice.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
D.
Liability for costs and expenses.
(2)
Persons responsible.
(a)
Political campaigns. In the case of a political campaign, a candidate for any office and the chairperson and treasurer of any registered political committee shall be presumptively liable for the costs of sign removal imposed by Subsection D(1), provided that the candidate or the committee was responsible for the printing of the sign. If such liability is contested, the burden of overcoming the presumption is on the contesting party.
E.
Enforcement; penalties.
(1)
Enforcement by citation.
No person shall throw, deposit or store 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 for collection and removal
of same in such manner that same shall not be unsightly and detrimental
to the surrounding neighborhood.
No person shall throw or deposit litter on any open or vacant
private property within the Town, whether owned by such person or
not.
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.
[Amended 9-8-1987 by Ord.
No. MC 2835; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
The Director of the Department of Public Works is hereby authorized
and empowered to enforce the provisions of this chapter relating to
litter on private property. Complaints brought to the attention of
any other officer or agent of the Town relative to investigation or
the enforcement of the provisions of the chapter shall immediately
be forwarded by such officer or agent to the Director of the Department
of Public Works for investigation and enforcement thereof.
[Amended 9-8-1987 by Ord.
No. MC 2835; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
The Director of the Department of Public Works or his designee
is hereby authorized and empowered to go upon any public or private
premises within the Town for the purpose of inspections or for the
removal or elimination of violations of this chapter.
[1]
Editor's Note: former § 380-21, Notice to property
owner to remove litter, as amended, was repealed 1-11-2021 by Ord.
No. MC 3755.
[Amended 9-8-1987 by Ord.
No. MC 2835; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
Upon the failure, neglect or refusal of any owner, tenant or agent notified pursuant to the provision of § 380-21 to properly dispose of litter dangerous to the public health, safety or general welfare of the public within 10 days after receipt of written notice provided for in said § 380-21 or within 10 days after the date of such notice in the event that the same is returned by the post office to the Town because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of the owner or agent, the Director of the Department of Public Works shall order the removal or disposal of such litter. The Director of the Department of Public Works shall require the services of the Department of Public Works in carrying out such provision, and the Director of Public Works is hereby empowered and authorized to effect the removal or disposal of litter from private property within the Town.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
When the Town has effected the removal of litter from private property in the Town in accordance with § 380-22, the cost thereof shall be certified by the Director of Public Works to the Municipal Council, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against the lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
A.
Schedule
of fines. Except as otherwise provided in this article, the penalties
for violations of this article are as follows:
[Added 1-26-2016 by Ord.
No. MC 3563]
|
Section
|
Short Description
|
1st Offense
|
2nd Offense
|
3rd Offense
|
4th Offense Maximum Fine;
Court Appearance Required
|
|---|---|---|---|---|---|
|
§ 380-3
|
Placing litter in receptacles
|
$150
|
$250
|
$500
|
$750
|
|
§ 380-4
|
Maintaining gutter and sidewalks free of litter
|
$50
|
$250
|
$500
|
$750
|
|
§ 380-5
|
Litter from places of business
|
$150
|
$250
|
$500
|
$750
|
|
§ 380-6
|
Litter from vehicles
|
$150
|
$250
|
$500
|
$750
|
|
§ 380-7
|
Litter from trucks and truck tires
|
$150
|
$250
|
$500
|
$750
|
|
§ 380-11
|
Distributing handbills
|
$250
|
$500
|
$750
|
$1,000
|
|
§ 380-12
|
Placing handbills in or upon vehicles
|
$250
|
$500
|
$750
|
$1,000
|
|
§ 380-13
|
Placing handbills on vacant private premises
|
$250
|
$500
|
$750
|
$1,000
|
|
§ 380-14
|
Placing handbills on private premises
|
$250
|
$500
|
$750
|
$1,000
|
|
§ 380-15
|
Posting notices on poles and buildings
|
$250
|
$500
|
$750
|
$1,000
|
|
§ 380-16
|
Depositing litter on occupied private property
|
$500
|
$750
|
$1,000
|
$1,500
|
|
§ 380-17
|
Depositing litter on vacant lots
|
$500
|
$750
|
$1,000
|
$1,500
|
|
§ 380-18
|
Maintenance of private property free of litter
|
$50
|
$250
|
$500
|
$750
|
B.
Except
as otherwise provided in this article, any person, association or
corporation who shall violate any other of the provisions of this
article shall be subject to the following fines:
