In this division:
Container.
A city-approved receptacle used for the disposal of waste.
Litter.
Any wastepaper, used beverage or food container, rubbish,
trash, or garbage not placed in a container.
Person.
A natural person, joint venture, joint stock company, partnership,
association, club, company, lessee, agent, servant, officer or employee
of any of them.
Private property.
Includes but is not limited to yards, grounds, driveways,
entrances, passageways, parking areas, working areas, storage areas,
vacant lots, and recreation facilities owned by private individuals,
firms, corporations, institutions and organizations.
Public property.
Includes but is not limited to streets, medians, roads, road
medians, catchbasins, sidewalks, strips between streets and sidewalks,
alleys, lanes, public right-of-way, public parking lots, school grounds,
parks, publicly owned recreation facilities, and municipal bodies
of water and waterways.
(Ordinance A-290, sec. 1 (30), adopted 10/20/05)
It is unlawful for any person to violate the provisions of this
division. Any such violation shall constitute a misdemeanor and, upon
conviction thereof, shall be punished by a maximum fine of two thousand
dollars ($2,000.00). Each day that a violation of this division occurs
shall constitute a separate offense.
(Ordinance A-290, sec. 1 (38), adopted 10/20/05)
A person commits an offense if the person throws or deposits
litter except in a container or a pedestrian litter container.
(Ordinance A-290, sec. 1 (31), adopted 10/20/05)
(a) It
shall be the duty of the person who owns, occupies, or leases or is
engaged in construction on any private or public property to keep
the exterior property free of litter.
(b) Persons
who are owners, occupants or lessees of private property which abuts
city sidewalks, streets, parkways, drainage ditches, or curb and gutter
shall keep those sidewalks, streets, parkways, curb and gutter, and
drainage ditches free of litter by removing litter and placing it
in a container.
(Ordinance A-290, sec. 1 (32), adopted 10/20/05)
It shall be unlawful for any person to 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 from litter.
(Ordinance A-290, sec. 1 (33), adopted 10/20/05)
(a) All
residential and commercial containers shall be closed with a well-fitting
lid (cover) when any garbage, refuse, trash, debris, rubbish, solid
waste or junk is in such container. If bags are utilized as a container,
they shall be tightly sealed with a fastener. Pedestrian litter containers
may be open for ease of use, but shall be designed in such a way as
to reasonably prevent their contents from becoming litter.
(b) All
persons placing containers for collection and removing them after
collection shall take the necessary precautions to prevent the contents
thereof from becoming litter.
(Ordinance A-290, sec. 1 (34), adopted 10/20/05)
A person commits an offense if the person deposits household
or commercial garbage, refuse, trash, debris, rubbish, solid waste
or junk in pedestrian litter containers.
(Ordinance A-290, sec. 1 (35), adopted 10/20/05)
(a) Every
vehicle used to transport manure, garbage, swill, ashes, cinders or
other loose material on any of the streets of the city shall be fitted
with a tight and sufficient cover to prevent the cargo of the vehicle
from becoming litter.
(b) Failure
to utilize such a cover, which results in the cargo of the vehicle
becoming litter, shall constitute littering.
(Ordinance A-290, sec. 1 (36), adopted 10/20/05)
If littering occurs from a motor vehicle, proof that the particular
vehicle was the origin of the litter, together with proof that the
defendant was at the time of such violation the registered owner or
lessee of the vehicle, shall constitute prima facie proof that the
registered owner or lessee is the person who committed such littering.
(Ordinance A-290, sec. 1 (37), adopted 10/20/05)