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 or tends to cause a depreciation in the
market value of adjacent property by virtue of its unsightliness or
odor.
All putrescible and nonputrescible solid waste (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned or inoperative vehicles, broken furniture, abandoned
or inoperative appliances and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes such as papers, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, discarded
clothing, toys, crockery and similar materials.
(1987 Code, ch. 6, sec. 5A; 2004
Code, sec. 6.401)
(a)
Prohibited.
No person shall throw or deposit litter
in or upon any street, sidewalk, or other public place within the
city except in public receptacles for collection, or in official city
dumps.
(b)
Placement of litter in receptacle.
Persons placing litter
in public receptacles or in authorized private receptacles shall do
so in such a 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.
(c)
Depositing litter in parks.
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 as provided herein.
(1987 Code, ch. 6, sec. 5B; 2004
Code, sec. 6.402)
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.
(1987 Code, ch. 6, sec. 5C; 2004
Code, sec. 6.403)
(a)
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.
(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 or other public place. Nor shall any person drive or move any
vehicle or truck within the city, the wheels or tires of which carry
onto or deposit in any street, alley or other public place, mud, dirt,
sticky substances, litter or foreign matter of any kind.
(1987 Code, ch. 6, sec. 5D; 2004
Code, sec. 6.404)
(a)
Prohibited.
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 for collection
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.
(b)
Duty of owner or occupant; depositing waste in receptacle belonging
to another.
The owner or person in control of any private
property shall at all times maintain the premises free of litter.
Provided, however, that this article shall not prohibit the storage
of litter in authorized private receptacles for collection. It shall
be unlawful for any person to empty or dump trash or garbage into
any private receptacle belonging to any other person, firm or corporation.
(c)
Depositing litter on vacant property.
No person shall
throw or deposit litter on any open or vacant private property within
the city, whether owned by such person or not.
(1987 Code, ch. 6, sec. 5E; 2004
Code, sec. 6.405)
(a)
Notice.
The health officer is hereby authorized and
empowered to notify the owner of any 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 last known address.
(b)
Failure to comply with notice.
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 ten (10) 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 to the city 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 health officer is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the city.
(c)
Collection of city’s costs.
When the city has
effected the removal of such dangerous litter or has paid for its
removal, the actual cost thereof, plus accrued interest at the rate
of six (6) percent per annum from the date of the completion of the
work, if not paid by such owner prior thereto, shall be charged to
the owner of such property on the next regular tax bill forwarded
to such owner by the city, and said charge shall be due and payable
by said owner at the time of payment of such bill.
(d)
Lien for unpaid costs.
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 health officer shall cause to be recorded in the city tax records 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 recordation 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 in principal and interest 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 of six (6) percent 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 recorded 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, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
(1987 Code, ch. 6, sec. 5F; 2004
Code, sec. 6.406)
