For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
Containers.
City-approved metal or heavy plastic receptacles or city-owned
dumpsters used for the storage or disposal of solid wastes, and pedestrian
litter containers provided on public sidewalks and elsewhere for the
disposal of litter by pedestrians.
Litter.
Any solid waste, trash, debris, rubbish, refuse, garbage
or junk not placed in a container.
Private property.
Includes but is not limited to yards, grounds, driveways,
entranceways, 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, street medians, roads,
road medians, catchbasins, sidewalks, strips between streets and sidewalks,
alleys, lanes, public rights-of-way, public parking lots, school grounds,
parks, publicly owned recreation facilities and municipal bodies of
water and waterways.
(1966 Code, ch. 8.0, art. III-A, sec. 1; 1994 Code, sec. 98.15)
It shall be unlawful for any person to throw, discard, place
or deposit litter in any manner or amounts on any public or private
property within the corporate limits of the city except in containers.
(1966 Code, ch. 8.0, art. III-A, sec. 2A; 1994 Code, sec. 98.16)
If a violation of section
7.05.002 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 the violation the registered owner of the vehicle shall constitute prima facie proof that the registered owner is the person who committed the violation.
(1966 Code, ch. 8.0, art. III-A, sec. 2B; 1994 Code, sec. 98.17)
Posting of handbills on public property is prohibited. A person
commits an offense if he places or posts on public property or an
unoccupied motor vehicle a handbill.
(1966 Code, ch. 8.0, art. III-A, sec. 2C; 1994 Code, sec. 98.18)
Placards must be removed within five days of the date of the
event.
(1966 Code, ch. 8.0, art. III-A, sec. 2C; 1994 Code, sec. 98.19)
It shall be unlawful for the owner or operator of any truck
or other motor vehicle to transport any loose cargo within the corporate
limits of the city by truck or other motor vehicle unless the cargo
is covered and secured so as to prevent depositing litter on public
or private property.
(1966 Code, ch. 8.0, art. III-A, sec. 3; 1994 Code, sec. 98.20)
All persons placing the containers for collection and removing
them after collection shall take the necessary precautions to prevent
the contents thereof from becoming litter.
(1966 Code, ch. 8.0, art. III-A, sec. 4; 1994 Code, sec. 98.21(A))
It shall be unlawful for any person to deposit household solid
waste or solid wastes from a commercial establishment in a litter
receptacle on a sidewalk or other location for the disposal of litter
by pedestrians.
(1966 Code, ch. 8.0, art. III-A, sec. 4; 1994 Code, sec. 98.21(B))
(a) It
shall be the duty of the owner, occupant, or lessee of any private
property to keep the exterior private property free of litter. This
requirement applies not only to the removal of loose litter but also
of materials that are or become trapped at the locations of fences,
walls, grassy and planted areas, borders, embankments and other lodging
points.
(b) Owners,
occupants or lessees of private property which abuts city sidewalks,
streets, and strips between streets and sidewalks shall be bound to
keep those sidewalks, strips, curbs and gutters free of litter.
(c) It
shall be unlawful to sweep or push litter from sidewalks and strips
between streets and sidewalks in the street or alley. Sweepings from
sidewalks and strips shall be picked up and placed in household or
commercial solid waste containers.
(d) If
any owner, occupant, or lessee fails to remove litter from private
property after having been warned to do so by the city, the city may
give the person written notice that, if the condition is not corrected
within ten days, the property will be cleaned by the city and the
owner billed for the cost thereof. If the bill is not paid within
30 days, execution shall be issued by the city against the property
for the amount of the cleaning charge and the execution shall constitute
a lien on the property until the claim has been satisfied.
(1966 Code, ch. 8.0, art. III-A, sec. 5; 1994 Code, sec. 98.22)