The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
City-approved metal, heavy-duty paper or plastic receptacles
used for the disposal and storage of solid waste.
Any quantity of uncontainerized paper, metal, plastic, glass
or miscellaneous solid waste which may be classed as trash, debris,
rubbish, refuse, garbage or junk not placed in a solid waste container.
Includes, but is not limited to, the following 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, catch basins, sidewalks,
strips between streets and sidewalks, lanes, alleys, public rights-of-way,
public parking lots, school grounds, municipal vacant lots, parks,
other publicly owned recreation facilities, and municipal waterways
and bodies of water.
(1996 Code, sec. 66-71)
(a)
It shall be unlawful for any person to throw, discard, place or deposit
litter in any manner or amount on any public or private property within
the corporate limits of the city, except in containers lawfully provided
therefor.
(b)
In the prosecution charging a violation of subsection (a) of this section from a motor vehicle, proof that the particular vehicle described in the complaint was the origin of the litter, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such vehicle, shall constitute in evidence a presumption that the registered owner was the person who committed the violation.
(c)
It shall be the duty of every person distributing handbills, leaflets,
flyers or any other advertising and information material to take whatever
measures may be necessary to keep such materials from littering public
or private property.
(d)
To facilitate proper disposal of litter by pedestrians and motorists,
publicly patronized or used establishments shall provide, regularly
empty and maintain in good condition adequate containers that meet
standards prescribed by the city. This requirement shall be applicable,
but not limited to, fast food outlets, shopping centers, convenience
stores, supermarkets, service stations, commercial parking lots, and
public institutions.
(1996 Code, sec. 66-72)
(a)
The collection, removal and disposal of all garbage, trash and rubbish
shall be carried on in a systematic, efficient manner, to keep the
city in a clean and sanitary condition.
(b)
All vehicles used for the collection and transportation of garbage
and trash shall be equipped with suitable covers, side panels or other
such measures to prevent blowing or scattering of refuse while garbage
and trash is being processed or transported.
(1996 Code, sec. 66-73)
(a)
Any owner or occupant of an establishment or institution at which
litter is attendant to the packing and unpacking and loading and unloading
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)
It shall be the duty of the owner or occupant to remove at the end
of each day any litter that has not been containerized at these locations.
(1996 Code, sec. 66-74)
Article 22.03 provides for proper disposition of litter at construction/demolition projects.
(1996 Code, sec. 66-75)
(a)
All residences shall have sufficient container capacity to accommodate
their normal volume of solid waste between collections.
(b)
All items too large to fit into containers, such as, but not limited
to, appliances, furniture and mattresses, shall be disposed of through
fee-payment bulk collection service or self transport of such items
to end-disposal facilities outside the city.
(c)
All loose materials which normally fit into containers but which
are excess as a result of special circumstances such as holidays shall
be bundled and tied securely so as to repel animals and to prevent
materials from blowing or scattering, and such bundled materials shall
be placed beside the containers.
(d)
Containers shall be kept covered at all times.
(e)
Any container which does not conform to prescribed standards or which
has defects likely to hamper collection or injure the person collecting
the contents thereof or the public generally shall be replaced promptly
by the owner or user of the container upon receipt of written notice
of such defects from the city. Failure to do so within five days of
such notification shall constitute a violation of this section.
(f)
In placing containers for collection and in removing them after collection,
all persons shall take the necessary precautions so that the contents
thereof do not become litter.
(g)
It shall be unlawful for any resident to deposit household solid
waste in any receptacle maintained on a sidewalk or at any other location
for disposal of litter by pedestrians.
(1996 Code, sec. 66-76)
(a)
All establishments and institutions which generate solid waste for
collection by approved contractors shall obtain adequate containers
approved by the city and such containers shall not be visible from
adjacent public or private property.
(b)
Containers shall be kept covered at all times.
(c)
Any container which does not conform to prescribed standards or which
has defects likely to hamper collection or injure the person collecting
the contents thereof or the public generally shall be replaced promptly
by the owner or user of the container upon receipt of written notice
of such defects from the city. Failure to do so within five days of
such notification shall constitute a violation of this section.
(d)
It shall be unlawful for any owner, manager or employee of a commercial
establishment or institution to deposit solid waste from that establishment
or institution in any receptacle maintained on a sidewalk or at any
other location for disposal of litter by pedestrians.
(1996 Code, sec. 66-77)
(a)
Before building permits shall be issued for construction of commercial
buildings and multiple-dwelling units, plans for the adequacy, location
and accessibility of solid waste containerization and storage facilities
must be approved by the city.
(b)
No certificate of occupancy shall be issued for the premises until
the city’s approval of these facilities has been obtained.
(1996 Code, sec. 66-78)
(a)
It shall be the duty of the owner, agent, occupant or lessee to keep
exterior private property free of litter. This requirement applies
not only to removal of loose litter, but to materials that already
are, or become, trapped at such locations as fence and wall bases,
grassy and planted areas, borders, embankments and other lodging points.
(b)
Owners, agents, occupants or lessees whose properties face on city
sidewalks and strips between streets and sidewalks shall be responsible
for keeping those sidewalks and strips free of litter.
(c)
It shall be unlawful to sweep or push litter from sidewalks and strips
into streets. Sidewalks and strip sweepings must be picked up and
put into household or commercial solid waste containers.
(d)
It shall be the duty of every nonresident owner of a vacant lot or
other vacant property to appoint a resident agent who shall have responsibility
for keeping that lot or other property free of litter.
(e)
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 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
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.
(1996 Code, sec. 66-79)
Police officers are empowered to enforce any regulation of which
violations may be observed in the normal course of patrol duty. Officers
have authority to enforce, in their normal course of duty, violations
of the following sections in division 1 of this article:
(1)
Section 18.05.062(a) Littering by pedestrians and motorists.
(2)
Section 18.05.062(c) Littering with handbills, leaflets, etc.
(3)
Section 18.05.063(a) Transporting loose materials without adequate covering.
(4)
Section 18.05.064(a) Lack of containers at loading/unloading operations.
(5)
Section 18.05.064(b) Failure to clean loading/unloading areas.
(6)
Section 18.05.067(a) Improper commercial solid waste containerization.
(7)
Section 18.05.067(d) Depositing commercial solid waste in sidewalk or other pedestrian litter receptacles.
(8)
Section 18.05.069(a) Litter on private premises.
(9)
Section 18.05.069(b) Litter on sidewalks and strips.
(10)
Section 18.05.069(c) Sweepouts.
(1996 Code, sec. 66-96)
In pursuance of their normal work, city inspectors are authorized
to enforce the following sections:
(1)
Section 18.05.065. Litter control at construction/demolition projects and appropriate collection/disposal.
(2)
Section 18.05.066. Wherever violations of household solid waste containerization regulations constitute existing or potential fire or health hazards.
(1996 Code, sec. 66-97)
It shall be unlawful for any person to violate the provisions of this article. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provision of this article is committed, continued, or permitted and upon the conviction of any such violation, such offense shall be punishable as provided in section 1.01.013.
(1996 Code, sec. 66-98)
