As used in this article, the following terms have the respective
meanings ascribed to them:
All decayable wastes, including vegetable, animal and fish
offal and carcasses of such animals and fish (except sewage and body
wastes, and industrial byproducts), and including all such substances
from all public and private establishments and from all residences.
All worn-out, worthless and discarded material in general,
including, but not limited to, odds and ends, old iron or other metal,
glass, paper, cordage or other waste or discarded materials.
Any quantity of uncontainerized paper, metal, plastic, glass
or miscellaneous solid waste which may be classed as rubbish, refuse,
garbage or unsolicited and unsubscribed advertising in accordance
with the definitions set forth in this section.
Includes, but is not limited to, the following exterior locations
owned by private individuals, firms, corporations, institutions or
organizations: yards, grounds, driveways, entranceways, passageways,
parking areas, working areas, storage areas, vacant lots and recreation
facilities.
Includes, but is not limited to, the following exterior locations:
streets, street medians, roads, road medians, catchbasins, sidewalks,
strips between streets and sidewalks, lanes, alleys, public rights-of-way,
public parking lots, school grounds, vacant lots, parks, beaches,
playgrounds, other publicly owned recreation facilities, and municipal
waterways and bodies of water.
Garbage, rubbish and all other decayable and nondecayable
waste, including vegetable, animal and fish carcasses, except sewage,
from all public and private establishments and residences.
All nondecayable wastes, except ashes, from all public and
private establishments and from all residences.
Rubbish, refuse, garbage, junk or unsolicited and unsubscribed
advertising generated from both residential and commercial establishments.
In general, but not limited to, all forms of unsolicited
and unsubscribed circulars, newspapers, placards, cards and samples
which serve as advertising or announcements.
(2004 Code, sec. 6.02.001)
Editor’s note–Former section 6.02.002 pertaining to penalties and deriving from the 2004 Code, sec. 6.02.010; was deleted in its entirety by Ordinance 1266, sec. 2, adopted 4/22/19.
It shall be unlawful for any person to dump, deposit, leave
or allow the dumping, depositing or leaving of any refuse, garbage,
rubbish, junk or unsolicited or unsubscribed advertising on any street,
right-of-way, alley or public lands within the city. Upon finding
the refuse, garbage, rubbish, junk or unsolicited or unsubscribed
advertising upon any street, right-of-way, alley or public lands within
the city, said refuse, garbage, rubbish, junk or unsolicited or unsubscribed
advertising will be collected by the city’s public works department
and transported to an authorized solid waste facility, and the adjoining
property owner(s) to the location of [where] said refuse, garbage,
rubbish, junk or unsolicited or unsubscribed advertising was collected
will be billed accordingly for the cost associated with said items’
removal. In the event the property owner fails to reimburse the city
for costs incurred with the removal of said items, the city is authorized
to file a labor lien against the property to recover expenses associated
with the removal of the refuse, garbage, rubbish, junk or unsolicited
or unsubscribed advertising, including the cost of collection of said
debt to the city.
(2004 Code, sec. 6.02.002)
It shall be unlawful for any person to dump, deposit or leave
any refuse, garbage, rubbish, junk or unsolicited and unsubscribed
advertising within or nearer than three hundred (300) yards of any
public street or highway within the city, whether or not the refuse,
garbage, rubbish, junk or unsolicited and unsubscribed advertising
being dumped, deposited, or left, or the land upon which refuse, garbage,
rubbish, junk or unsolicited and unsubscribed advertising is dumped,
deposited or left, belongs to the person so dumping, depositing or
leaving it.
(2004 Code, sec. 6.02.003(a))
It shall be unlawful for any person to dump, deposit, or leave
any abandoned refrigerator, deep freeze or other appliance in which
a person could become entrapped on the premises, without removal of
door handles or other closure paraphernalia that might make the appliance
dangerous to the life of a child, should one become entrapped in the
appliance. In the event the owner cannot be contacted immediately,
the police department will have the power to secure the appliance
immediately.
(2004 Code, sec. 6.02.003(b))
The provisions of sections 6.02.003, 6.02.004 and 6.02.005 shall not affect farmers in the handling of anything necessary in the growing, handling and care of livestock, or the erection, operation and maintenance of any improvements that may be necessary in the handling, threshing and preparation of any agricultural products.
(2004 Code, sec. 6.02.004)
In the event of any threatened or probable violation of any provision of section 6.02.003, 6.02.004 or 6.02.005, it shall be the duty of the city attorney to bring suit for injunction to prevent such threatened or probable violation. Any person affected or to be affected by any such threatened or probable violation shall have the right to enjoin such violation or threatened violation. The enforcement of the remedy hereinabove provided by injunction shall not prevent the enforcement of the other penalties provided in this code.
(2004 Code, sec. 6.02.005)
It shall be unlawful for any person, firm, corporation, institution
or organization to transport any loose cargo by truck or other motor
vehicle within the corporate limits of the city unless said cargo
is covered and secured in such manner as to prevent depositing of
litter on public and private property.
(2004 Code, sec. 6.02.006)
(a)
Any
owner or occupant of an establishment or institution at which litter
is attendant to the packing and unpacking and unloading or loading
of materials at exterior locations shall provide suitable containers
there for the disposal and storage of such litter and shall make appropriate
arrangements for the collection thereof.
(b)
Further,
it shall be the duty of the owner or occupant to remove at the end
of each working day any litter that has not been containerized at
these locations.
(2004 Code, sec. 6.02.007)
(a)
It
shall be unlawful for the owner, agent or contractor in charge of
any construction or demolition site to cause, maintain, permit or
allow to be caused, maintained or permitted the accumulation of any
litter on the site before, during or after completion of the construction
or demolition project.
(b)
It
shall be the duty of the owner, agent or contractor to have on the
site adequate containers for the disposal of litter and to make appropriate
arrangements for the collection thereof for transport by himself to
an authorized facility for final disposition.
(c)
The
owner, agent or contractor may be required at any time to show proof
of appropriate collection, or, if transported by himself, of disposition
at an authorized facility.
(2004 Code, sec. 6.02.008)
It shall be unlawful to sweep or push litter from sidewalks
and strips into streets. Sidewalk and strip sweepings must be picked
up and put into household or commercial solid waste containers.
(2004 Code, sec. 6.02.009(a))
(a)
It
shall be the duty of every nonresident owner of a vacant lot or other
vacant property to appoint, in writing, to the city, a resident agent
who shall have responsibility for keeping that lot or other property
free of litter.
(b)
If,
after due warning, citation or summons, an owner, agent, occupant
or lessee fails to remove litter from any private property, the city
is authorized to serve written notice to the owner or his appointed
agent that, if the condition is not corrected within ten (10) days,
the property will be cleaned by the city and the owner or his appointed
agent billed for the cost thereof. If the bill is not paid within
thirty (30) days, execution may be issued by the city against the
property for the amount of the cleaning charge, and such execution
shall constitute a lien on the property until the claim has been satisfied.
(2004 Code, sec. 6.02.009(b), (c))
