[Ord. No. 64, 1-8-1996]
This shall be known and may be cited as the "Summersville, Missouri
Anti-litter Ordinance."
[Ord. No. 64, 1-8-1996]
For the purpose of this Article, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
the singular number, and words used in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
A litter storage and collection receptacle so constructed,
covered and located as to prevent the blowing, scattering or spilling
of the contents thereof.
The City of Summersville, Missouri.
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; or
Which 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
Which 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 Section shall not apply where an admission fee is charged
to 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 Section 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 City; or
Which, 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.
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 or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States, in accordance with Federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, shall mean and
include any periodical or current magazine regularly published and
not less than four (4) issues per year, and sold to the public.
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, recreation center or any
other public area in the City owned or used by the City and devoted
to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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, grounds, 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 nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and non-combustible wastes, such as paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery and similar materials.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon any street or alley.
[Ord. No. 64, 1-8-1996]
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the City except in public receptacles
on authorized private receptacles.
[Ord. No. 64, 1-8-1996]
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such 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. 64, 1-8-1996]
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.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
[Ord. No. 64, 1-8-1996]
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.
[Ord. No. 64, 1-8-1996]
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.
[Ord. No. 64, 1-8-1996]
No person shall drive or move any truck or other vehicle within
the City unless such vehicle is so constructed, loaded or the cargo
space thereof securely covered, as to prevent any load, contents or
litter from being blown or deposited upon any street, alley or other
public place.
[Ord. No. 64, 1-8-1996]
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.
[Ord. No. 64, 1-8-1996]
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. Nor shall any person 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 places
within the City for any person to hand out or distribute, without
charge to the receiver thereof, any non-commercial handbill to any
person willing to accept it.
[Ord. No. 64, 1-8-1996]
No person shall throw or deposit any commercial or non-commercial
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 non-commercial handbill to
any occupant of a vehicle who is willing to accept it.
[Ord. No. 64, 1-8-1996]
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.
[Ord. No. 64, 1-8-1996]
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 said 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 said 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. 64, 1-8-1996]
A.
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,
however, that in case of inhabited private premises which are not
posted, as provided in this Chapter, 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.
1.
The provisions of this Section shall not apply to the distribution
of mail by the United States, nor to 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. 64, 1-8-1996]
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. 64, 1-8-1996]
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 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.
[Ord. No. 64, 1-8-1996]
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.
[Ord. No. 64, 1-8-1996]
No person shall throw or deposit litter on any open or vacant
private property within the City whether owned by such person or not.
[Ord. No. 64, 1-8-1996]
A.
The City Police Officer or Mayor 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 said owner at his/her last known address.
B.
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 fifteen (15) days after receipt of written notice provided for in Subsection (A) above, or within fifteen (15) days after the date of such notice in the event the same is returned by the 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 Police 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 shall be reflected in a special tax bill, to be charged against
such land and the owner thereof, and, if not paid by such owner prior
thereto, shall be charged to such property and the owner thereof on
the next regular tax bill forwarded to such owner by the City, and
such charge shall be due and payable by said owner at the time of
the issuance of said special tax bill.
D.
Where the full amount due the City is not paid by such owner within thirty (30) days after the disposal of such litter, as provided for in Subsections (A) and (B) above, then, and in that case, the City Police shall cause to be filed in the City Collector's office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The filing 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, plus costs of court, if any, for collection, until final payment has been made. Said 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 in the same amount as provided by law for general City taxes in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements filed 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 constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
