For the purposes of this article, the following terms, phrases,
words, and their derivations shall have the meaning given herein:
Garbage, refuse, and rubbish and all other waste material
which, if thrown or deposited as herein prohibited, tends to create
a danger to public health, safety and welfare.
Any private or public property with provisions for parking
vehicles to which the public is invited or which the public is permitted
to use or which is visible from any public place or private premises.
All property, including, but not limited to, vacant land
or any land, building or other structure, designed or used for residential,
commercial, business, industrial, institutional or religious purposes,
together with any yard, grounds, walk, driveway, fence, porch, steps,
vestibule, mailbox and other structure appurtenant thereto.
Any and all streets, sidewalks, boulevards, alleys or other
public ways, and any and all public parks, squares, spaces, grounds,
and buildings.
Any receptacles provided by or authorized by the city.
Every device in, upon or by which any person or property
is or may be transported or drawn upon land.
(2001 Code, sec. 6.101)
No person shall deposit any litter within the city except in
public receptacles, in authorized private receptacles for collection
or in any duly licensed disposal facility.
(2001 Code, sec. 6.102)
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent litter
from being carried or deposited by the elements upon any public place,
parking lot, or private premises.
(2001 Code, sec. 6.103)
(a)
No
person shall upset or tamper with a public or private receptacle designed
or used for the deposit of litter or cause or permit its contents
to be deposited or strewn in or upon any public place, parking lot,
or private premises.
(b)
It
shall be unlawful for any person to scavenge or remove anything from
a refuse container in the city. A defense to the provision of this
section would be that a property owner inadvertently discarded something
in their own trash receptacle.
(2001 Code, sec. 6.104)
Persons owning, occupying or in control of any public place,
parking lot, or private premises shall keep the sidewalks and alleys
adjacent thereto free of litter, and shall maintain such receptacles
in such a manner as to prevent scattering of litter or any other danger
to the public welfare and health.
(2001 Code, sec. 6.105)
(a)
The
owner or person in control of any private premises shall at all times
maintain the premises free of litter.
(b)
The
owner or person in control of private premises shall, if public receptacles
are unavailable, 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 public place, parking lot, or
private premises.
(2001 Code, sec. 6.106)
(a)
No
person, while the operator of or passenger in a vehicle, shall deposit
litter upon any public place, parking lot, or private premises.
(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 public
place, parking lot, or private premises. 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 public place, parking lot,
or private premises, mud, dirt, sticky substances, litter or foreign
matter of any kind.
(2001 Code, sec. 6.107)
The procedure for the removal of litter from private premises,
and the charging of expense thereof as a lien upon such property to
be collected as other taxes by the county auditor, shall be in accordance
with the state statutes.
(2001 Code, sec. 6.108)
In situations where animals have been detected causing trash
or garbage to be strewn, or generally causing a health hazard, the
animals may be captured or trapped and disposed of in the manner covered
in the animal control ordinance.
(2001 Code, sec. 6.109)
