[Ord. No. 15.6 (Bill
No. 2805), 9-16-2021]
A. As used in this Article, the following terms will have the meanings
ascribed to them:
AIRCRAFT
Any contrivance used or designed for navigation or for flight
in the air, including, but not limited to, airplanes, helicopters,
unmanned aerial vehicles (drones), lighter-than-air dirigibles 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:
1.
Which advertises for sale any service, merchandise, product,
commodity or thing; or
2.
Which directs attention to any business, merchandise or commercial
establishment or other activity for the purpose of either directly
or indirectly promoting the interest thereof by sales; or
3.
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 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 which 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, however, that nothing contained in this paragraph
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 a license is or may be required by any law
of the State, any provision of this Article or other ordinance of
the City; or
4.
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.
DRIVE-IN RESTAURANT
Any restaurant where food, frozen desserts or beverages sold
from such restaurant are regularly available for consumption out of
doors, on bicycles or in motor vehicles or other types of vehicles.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse, rubbish, and all other waste material.
NEWSPAPER
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 containing items of general
or local interest not limited to advertising, and regularly published
with not less than four (4) issues per year.
NON-COMMERCIAL HANDBILL
Any printed or written matter, any sample, or device, circular,
leaflet, pamphlet, newspaper, magazine, paper, booklet or any other
printed or otherwise reproduced original or copies of any matter or
literature other than a commercial handbill or newspaper.
PARK
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.
PARKWAY
A strip of land located between a sidewalk and a physical
street, or a strip of land between two (2) streets, whether such land
is located on a part of the street right-of-way or not.
PLACE OF BUSINESS
Any place other than a private premises, a public building,
or a public place.
POLITICAL HANDBILL
Any printed or written matter, any sample, or device, circular,
dodger, leaflet, pamphlet, newspaper, magazine, paper, poster, booklet,
or any other printed or otherwise reproduced original or copies of
any matter or literature endorsing, opposing or stating a position
on any point of legislative, executive or judicial action or proposed
action or for a candidate for any office, other than a commercial
handbill or newspaper.
PUBLIC PLACE
Any and all streets, including street rights-of-way, sidewalks,
boulevards, alleys or other public ways, and any and all public parks,
squares, spaces, grounds and buildings.
PUBLIC RECEPTACLE
A litter storage and collection receptacle furnished by any
person or by any governmental agency for use by the public.
REFUSE
All putrescible and non-putrescible solid wastes, except
body wastes, including, but not limited to, garbage, rubbish, ashes
and solid market and industrial wastes.
RUBBISH
Non-putrescible solid wastes consisting of both combustible
and non-combustible wastes, including, but not limited to, paper,
wrappings, cigarettes, cardboard, tin cans, wood, glass, bedding,
crockery and similar materials.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported.
[Ord. No. 15.6 (Bill
No. 2805), 9-16-2021]
No person shall throw or deposit litter in or upon any sidewalk,
parkway, gutter, street, alley or other public place within the City
except in public receptacles or other receptacles for collection.
[Ord. No. 15.6 (Bill
No. 2805), 9-16-2021]
Persons placing litter in receptacles shall do so in such a
manner as to prevent it from being carried or deposited by the elements
upon any place.
[Ord. No. 15.6 (Bill
No. 2805), 9-16-2021]
A. All persons occupying any place of business, public building, or
private premises shall keep such place of business, public building
or private premises as the case may be, including the sidewalk, parkway,
gutter, street, to the edge of the pavement or traveled portion which
is the farthest from the pavement, adjoining or abutting to the place
so occupied, free and clear of litter. To this end:
1.
No person or authority owning, occupying or in control of a
place of business, public building or private premises shall sweep
into or deposit, or cause to be swept or deposited, in any sidewalk,
parkway, gutter, street or alley, or other public place within the
City an accumulation of litter from any place of business, public
building, or private premises, except the placing of litter in receptacles
for collection so constructed as the litter will be prevented from
being carried or deposited by the elements upon any place for collection
scheduled within twenty-four (24) hours of the placing of the receptacle
by what is colloquially known as a "garbage collector."
2.
The operator of a drive-in restaurant shall at least once in
each twelve-hour period during which it is open for business collect
and dispose of, in receptacles so constructed as the litter will be
prevented from being carried or deposited by the elements upon any
place, all litter on the premises of such drive-in restaurant, including
the sidewalk, parkway, gutter, street, to the edge of the pavement
or traveled portion which is the farthest from the pavement, and alley,
to the centerline thereof, adjoining or abutting to such premises.
3.
The occupier of a place of business and the authority in control
of a public building shall, at least once in each twenty-four-hour
period during which it is open for business or open to the public,
as the case may be, collect and dispose of all litter on the premises
of such place of business or public building, as the case may be,
in receptacles constructed in such a manner that litter will be prevented
from being carried or deposited by the elements upon any place, including
the sidewalk, parkway, gutter, street, to the edge of the pavement
or traveled portion which is the farthest from the pavement, and alley,
to the centerline thereof, adjoining or abutting to such premises.
For purposes of this Subsection, the operator of any shopping center
shall be deemed to be the occupier of all common areas of such shopping
center, including, but not limited to, parking areas, parking lots,
and landscaped areas which are not leased or rented to any particular
tenant, but not including any sidewalks, parkways, or gutters adjoining
or abutting to any premises rented to a particular tenant.
4.
The occupier of any private premises shall, at least once in
each calendar week, collect and dispose of all litter on his/her private
premises in receptacles constructed in such a manner that litter will
be prevented from being carried or deposited by the elements upon
any place, including the sidewalk, parkway, gutter, street, to the
edge of the pavement or traveled portion which is the farthest from
the pavement, and alley, to the centerline thereof, adjoining or abutting
to his/her private premises.
[Ord. No. 15.6 (Bill
No. 2805), 9-16-2021]
No person shall drive, move or direct or employ a driver or
subcontractor to any employee of, any truck or other vehicle within
the City, the wheels or tires of which carry onto or deposit in any
street, alley or other public place mud, dirt, sticky substance, litter
or foreign matter of any kind, except at a construction site in which
case to clean mud off the street at least twice a day (Noon and quitting
time) or whenever conditions are hazardous to a property owner.
[Ord. No. 15.6 (Bill
No. 2805), 9-16-2021]
No person shall drive or move, or direct or employ a driver
to drive or move, any truck or other vehicle within the City unless
the truck or other vehicle is so constructed and loaded as to prevent
any load, contents or litter from being blown or deposited upon any
street, alley or other public way.
[Ord. No. 15.6 (Bill
No. 2805), 9-16-2021]
A. No person shall throw or deposit litter in any park within the City
except in receptacles and in such a manner that the litter will be
prevented from being carried or deposited by the elements upon any
place. Where receptacles are not provided or where the receptacles
are full, all such litter shall be carried away from the park by the
person responsible for its presence and properly deposited elsewhere.
B. No person shall bring litter, trash, garbage, or other rubbish to
a City Park for disposal.
[Ord. No. 15.6 (Bill
No. 2805), 9-16-2021]
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
within the City.
[Ord. No. 15.6 (Bill
No. 2805), 9-16-2021]
No person shall throw or deposit any commercial or non-commercial
handbill in or upon any sidewalk, parkway, gutter, street or other
public place within the City, nor shall any person hand out or distribute
or sell any commercial handbills in any public place; however, it
shall not be unlawful on any sidewalk, street or other public place
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. 15.6 (Bill
No. 2805), 9-16-2021]
No person shall throw or deposit any commercial handbill in
or upon any vehicle; 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 non-commercial handbill to any occupant of a vehicle
who is willing to accept it.
[Ord. No. 15.6 (Bill
No. 2805), 9-16-2021]
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. 15.6 (Bill
No. 2805), 9-16-2021]
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 Advertisements,"
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, or if such person has registered with the City as a "no
soliciting household."
[Ord. No. 15.6 (Bill
No. 2805), 9-16-2021]
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; 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 the inhabited private premises if the 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, except that mailboxes may not be so used when prohibited by
Federal postal law or regulations.
B. The provisions of Subsection
(A) 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 in an unbound condition upon any sidewalk, parkway, gutter, street, alley or other public place or upon private property.
[Ord. No. 15.6 (Bill
No. 2805), 9-16-2021]
No person in an aircraft shall throw out, drop or deposit within
the City any litter, handbill, or any other object.
[Ord. No. 15.6 (Bill
No. 2805), 9-16-2021]
No person shall post or affix any notice, poster or other paper
or device, calculated to attract the attention of the public, to any
lamppost, public utility pole, or shade tree, or upon any public structure
or building, except as may be authorized or required by law.
[Ord. No. 15.6 (Bill
No. 2805), 9-16-2021]
No person shall throw or deposit litter on any occupied private
place or property within the City, whether owned by such person or
not, except that the owner or person in control of private property
may maintain receptacles in such a manner that the litter will be
prevented from being carried or deposited by the elements upon any
place.
[Ord. No. 15.6 (Bill
No. 2805), 9-16-2021]
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. 15.6 (Bill
No. 2805), 9-16-2021]
All provisions of this Article relating to commercial and non-commercial
handbills shall also relate to political handbills, except that political
handbills may be posted or deposited on a vehicle or handed to a person
or to an occupant of a vehicle if it would be otherwise legal to do
so; provided, further, that any person posting political handbills
on other than occupied private property may do so only with the owner's
permission.
[Ord. No. 15.6 (Bill
No. 2805), 9-16-2021]
A. Notice To Remove. The Code Enforcement Officer is hereby authorized
and empowered to notify the owner and/or occupant of any premises
within the City to properly dispose of litter located on such premises,
or the sidewalks, parkways, gutters, streets, to the edge of the pavement
or traveled portion which is the farthest from the pavement, or alleys,
to the centerline thereof, adjoining or abutting to such premises.
Such notice shall be in writing, and shall be given:
2.
By registered mail or certified mail, requesting a return receipt
signed by the addressee or an agent of the addressee, addressed to
the owner at his/her last known address as furnished to or by the
City; or
3.
By posting a copy of such notice on the premises for a period
of not less than five (5) days in such a way that it might also be
seen by persons not in possession of such premises.
B. Action Upon Non-Compliance. Upon the failure, neglect or refusal of any owner notified pursuant to Subsection
(A) of this Section to properly dispose of litter within five (5) days after the giving of the written notice provided for in Subsection
(A), the Code Enforcement Officer is hereby authorized and empowered to obligate the City to pay for the collection and disposal of such litter, or to order its collection and disposal by the City.
C. Charge Included In Tax Bill Or Other Bill. When the City has affected
the collection and disposal of litter or has paid for its collection
and disposal pursuant to this Section, the cost thereof, if not paid
by such owner prior thereto, may be charged to the owner of such property
by forwarding a bill to such owner by the City.
D. Recorded Statement Constitutes A Lien. Where the full amount due the City under this Section is not paid by the owner within ninety (90) days after the sending of a bill for the collection and disposal of such litter as provided for in Subsections
(A) and
(B) of this Section, the Code Enforcement Officer shall cause to be recorded in the office of the Recorder of Deeds of the County, or his/her successor, a verified statement showing the cost and expense incurred for the work, the date the work was done, and the legal description of the premises on which such work was done. The recording of the verified statement shall constitute a lien on such premises and shall remain in full force and effect for the amount due in principal and interest; plus costs of court, if any, for collection, including a reasonable attorney's fee until final payment has been made. Such costs and expenses may be collected in any manner allowed by law. A copy of the verified statement recorded in accordance with this Section and certified as a true and complete copy by the Recorder of Deeds of the County, or his/her successor, or the recorded, verified statement itself 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 and appropriate costs and penalties, constitutes a charge against the property designated or described in the statement, and that the same is due and collectible as provided by law. In lieu of the above procedure of collecting said costs, the cost of such removal or abatement shall be certified to the City Clerk or officer in charge of finance who shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill, at the collecting official's option, for the property and the certified cost shall be collected by the City Clerk or other official collecting taxes in the same manner and procedure for collecting real estate taxes. If the certified cost is not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property until paid.
[Ord. No. 15.6 (Bill
No. 2805), 9-16-2021]
No person shall throw, dump or deposit litter, garbage, refuse
or rubbish on any property within the City that is located within
an area zoned as Flood Plain (FP), except within a public receptacle.