Definitions applicable to this article only:
means the actual costs of manpower and equipment to effect
the abatement, plus ten percent (10%) or five hundred dollars ($500.00),
whichever is greater.
means any duly authorized health inspector, building inspector,
code enforcement officer, or law enforcement officer, the director
of public works or the city administrator.
means any receptacle designed for the purpose of containing
waste materials and is provided by the city or a receptacle available
commercially specifically designed for the containment of litter.
means all properties in the city with a commercial type zoning
and shall include zoning classifications of zoning known as “retail,”
“business,” and “industrial.” It shall also
include “planned development” and “mixed use”
zoning where the activities on the ground floor of the location are
primarily commercial in nature. It shall also include residential
zoned property while actually under construction.
means any effect of weather patterns which may create a force
sufficient to move or otherwise transport litter as defined in this
section.
means putrescible discarded materials composed of animal,
vegetable, or other organic matter.
means any man-made material that, if thrown, discarded, or
disposed as prohibited by this article, may create a danger to public
health, safety, or welfare, or degrades the environment. “Litter”
shall include, but is not limited to, any garbage, trash, refuse,
rubbish, newspaper, magazine, glass, metal, plastic, or paper container,
construction waste, or any discarded object.
means a park, playground, recreation center, zoo, or any
other public area in the city owned or used by the city and devoted
to active or passive recreation.
means any person, firm, partnership, corporation, company,
or organization of any kind.
means any land owned or maintained by the city, or any area
generally accessible by the public which may be privately owned within
the jurisdiction of the city.
means all solid waste products having the character of solids
rather than liquids and that are composed wholly or partially of materials
such as garbage, trash, rubbish, litter, residues from clean-up of
spills or contamination, or other discarded materials.
means combustible or slowly putrescible materials, which
include but are not limited to trees, wood, leaves, trimmings from
shrubs or trees, printed matter, plastic, and paper products, grass,
rags and other combustible or slowly putrescible materials not included
under the term “garbage.”
(2013 Code, sec. 2.5.1.1; Ordinance
adopting 2018 Code)
(c)
Violation
of any other section of this article shall be punishable by a fine
not to exceed one hundred dollars ($100.00), except where contradictory
to the laws of the state.
(d)
Each
day any violation of any provision of this article shall continue
shall constitute a separate offense.
(2013 Code, sec. 2.5.1.13)
(a)
It
shall be unlawful for any person to throw or deposit litter in or
upon any street, sidewalk or other public place within the city, except
in public receptacles or in authorized private receptacles.
(b)
Persons
placing litter in public or 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.
(2013 Code, sec. 2.5.1.2)
It shall be unlawful to throw or deposit litter upon any occupied
or unoccupied commercial property within the city, whether owned by
such person or not, except that the owner or person in control of
commercial property may maintain authorized private receptacles for
collection of litter in such manner that such 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.
(2013 Code, sec. 2.5.1.3)
(a)
The
owner, agent, occupant, operator, or lessee of any commercial property,
business, industry, or institution, or construction site operator,
shall be responsible for maintaining occupied or unoccupied commercial
property free of litter.
(b)
The
owner, agent, occupant, operator, or lessee of any place of business
shall at all times maintain the premises free of litter.
(c)
The
owner, agent, occupant, operator, or lessee of any place of business
shall prevent any litter from the premises from being carried or deposited
by the elements upon any street, right-of-way, alley, sidewalk or
other public place or upon any private property.
(d)
The
owner, agent, occupant, operator, or lessee of any place of business
shall keep the sidewalk and right-of-way in front of their premises
free of litter.
(2013 Code, sec. 2.5.1.4)
(a)
The
business owner, agent, occupant, operator, or lessee of any commercial
business, industry, or institution that is open to the public shall
provide a litter receptacle at the primary business entrance to their
facility. The receptacles shall be placed outside the building during
normal business hours in manner to be readily accessible to visitors,
employees and customers using the entrance.
(b)
In the event two (2) or more businesses occupy a single building, each business that occupies thirty percent (30%) or more of the floor space of the ground floor of the building shall provide the receptacle required under subsection (a) of this section.
(c)
If no property owner occupies thirty percent (30%) or more of the floor space of the ground floor of the building, the building owner shall provide the receptacle required under subsection (a) of this section.
(d)
The
director of public works or the city’s code enforcement officer
may require additional receptacles be provided by any occupant of
a commercial business, industry, or institution that is open to the
public where it is determined that it is in the best interest of the
health and safety of the citizens and visitors to the city or when
required to stop the proliferation of pollution within the city.
(e)
The
public works department will establish an administrative rule designating
the type and style of receptacle approved by the city. This rule may
include specific brands and designs. The director of public works
may approve a type or style of trash can not included in the administrative
rule, when he believes it is in the best interest of the city.
(f)
The building owner, business owner, agent, occupant, operator, or lessee, collectively and severally, shall be responsible for ensuring their receptacle described in subsection (a) and/or subsection (d) is emptied as needed and kept clean and contaminant-free.
(1)
Each receptacle required by this code shall be clearly marked showing
the owner of the receptacle and the business entity responsible for
emptying and maintaining the receptacle.
(2)
The markings shall be maintained in a manner so as to be clearly
readable and understood by the city code enforcement officials.
(g)
It
shall be unlawful for any building owner, business owner, agent, occupant,
operator, or lessee of any commercial building, business, industry,
or institution that is open to the public to allow litter to protrude
or fall from a litter receptacle under their control due to overfilling
of the receptacle.
(2013 Code, sec. 2.5.1.5)
(a)
The
owner, agent, occupant, operator, or lessee of any commercial property,
business, industry, or institution, or construction site operator,
shall be responsible for ensuring that each dumpster or city-issued
receptacle is of sufficient capacity to contain all refuse produced
or collected by the occupants and visitors of the property.
(b)
The
owner, agent, occupant, operator, or lessee of any commercial property,
business, industry, or institution, or construction site operator,
shall be responsible for ensuring that each private receptacle on
the property is emptied timely and all refuse is placed in the appropriate
dumpster or city issued receptacle for collection.
(c)
Each
authorized agent of the city shall have to authority to request an
unscheduled collection of the refuse from any commercial property
when in the opinion of the agent the dumpster or trash receptacle
is overfull and the dumpster or trash receptacle is not scheduled
to be emptied within thirty-six (36) hours.
(1)
In all such cases, the city shall bill the person or company of record
for that dumpster or receptacle for the additional service at the
standard billing rate for such additional collections.
(2)
If three (3) or more unscheduled collections are required in any
twelve (12) month period, the city treasurer’s office may, at
the discretion of the treasurer, require the customer increase the
size of the dumpster or receptacle provided by the city and bill the
customer for the additional costs.
(2013 Code, sec. 2.5.1.6)
It shall be unlawful to throw or deposit litter upon any occupied
or unoccupied residential property within the city, whether owned
by such person or not, except that the owner or person in control
of residential property may maintain authorized private receptacles
for collection of litter in such manner that such 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.
(2013 Code, sec. 2.5.1.7)
(a)
The
owner, agent, occupant, or lessee of any residential property shall
be responsible for maintaining occupied or unoccupied residential
property free of litter.
(b)
The
owner, agent, occupant, or lessee of any place of residence shall
at all times maintain the premises free of litter.
(c)
The
owner, agent, occupant, or lessee of any place of residence shall
prevent any litter from the premises from being carried or deposited
by the elements upon any street, right-of-way, alley, sidewalk or
other public place or upon any private property.
(d)
The
owner, agent, occupant, or lessee of any residence shall keep the
sidewalk and right-of-way in front of their premises free of litter.
(2013 Code, sec. 2.5.1.8)
It shall be unlawful to sweep into or deposit in any storm sewer,
gutter, street, or other public place within the city the accumulation
of litter from any building, lot, public or private sidewalk or driveway.
(2013 Code, sec. 2.5.1.9)
(a)
It
shall be unlawful for a driver or a passenger of any vehicle to throw
or deposit litter upon any street or other public place within the
city or upon private property.
(b)
No
person shall drive or move any truck or other vehicle within the city
unless such vehicle is so constructed or loaded as to prevent any
load, contents or litter from being blown or deposited upon any street,
alley, stream, or other public place.
(2013 Code, sec. 2.5.1.10)
(a)
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.
(b)
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 as provided herein.
(2013 Code, sec. 2.5.1.11)
No person shall throw or deposit litter in any fountain, pond,
lake, stream, creek, drainage ditch, or any other body of water within
in the city.
(2013 Code, sec. 2.5.1.12)
(a)
Three
(3) calendar days after an owner, agent, occupant, operator, or lessee
of any commercial property, business, industry, institution, or construction
site is directed to remove refuse or litter from the premises, the
city is authorized to clean up such property, by use of city employees
or by employing an agent of the city, and bill such owner or occupant
for the abatement costs thereof.
(b)
If
the bill has not been paid within thirty (30) days, execution may
be issued by the city against the property for the abatement cost,
and such execution shall constitute a lien on the property, on parity
with liens for unpaid taxes, until the claim has been satisfied.
(c)
The
notice to remove refuse or litter shall be executed by any law enforcement
officer, the director of public works, the city treasurer, or the
city secretary.
(d)
The
notice to remove refuse or litter shall be in writing and shall be
in the form of a notice, letter or citation.
(e)
The
notice to remove refuse or litter may be made by delivering such notice
in person, by registered letter or by certified letter.
(f)
Abatement
by the city or the lack thereof shall have no impact on any court
proceedings related to any citation issued for violation of this article.
(2013 Code, sec. 2.5.1.14)
(a)
Fifteen
(15) calendar days after an owner, agent, occupant, operator, or lessee
of any property, other than commercial property, is directed to remove
refuse or litter from the premises, the city is authorized to clean
up such property by use of city employees or by employing an agent
of the city and bill such owner or occupant for the abatement costs
thereof.
(b)
If
the bill has not been paid within thirty (30) days, execution may
be issued by the city against the property for the abatement cost,
and such execution shall constitute a lien on the property, on parity
with liens for unpaid taxes, until the claim has been satisfied.
(c)
The
notice to remove refuse or litter shall be executed by any law enforcement
officer, the director of public works, the city treasurer, or the
city secretary.
(d)
The
notice to remove litter shall be in writing and shall be in the form
of a notice, letter or citation.
(e)
The
notice to remove refuse or litter may be made by delivering such notice
in person, by registered letter or by certified letter.
(f)
Abatement
by the city or the lack thereof shall have no impact on any court
proceedings related to any citation issued for violation of this article.
(2013 Code, sec. 2.5.1.15)
