Litter.
Any quantity of uncontainerized paper, metal, plastic, glass or miscellaneous solid waste, including hazardous materials or waste (as identified or listed by the Administrator of the United States Environmental Protection Agency under the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended), which may be classified as trash, debris, rubbish, refuse, garbage or junk not placed in a solid waste container.
Private property.
Includes, but is not limited to, the following locations owned by private individuals, firms, corporations institutions or organizations, yards, grounds, driveways, entrance ways, passageways, parking areas, working areas, storage areas, vacant lots and recreation facilities.
Public property.
Includes, but is not limited to, the following exterior locations: streets, street medians, roads, road medians, drainage basins, sidewalks, strips between streets and sidewalks, alleys, public rights-of-way, public parking lots, school grounds, municipal vacant lots, parks, and other publicly owned recreation facilities.
(Ordinance 0203-03 adopted 2/24/03)
(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 in the city, except in containers lawfully provided therefore.
(b) 
In a prosecution charging a violation of this article by the driver of a vehicle at the time of such violation where the driver was not readily identifiable by the complaining party, there shall be a presumption that the registered owner of the vehicle 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 materials to take whatever measures are 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 adequate containers that are regularly emptied and maintained in good condition and that meet standards prescribed by the city. This requirement shall be applicable to, but not limited to, fast food outlets, shopping centers, convenience stores, grocery stores, service stations, commercial parking lots, and public institutions.
(Ordinance 0203-03 adopted 2/24/03)
(a) 
It shall be unlawful for any person, firm, corporation, institution or organization to transport any loose cargo by truck or other motor vehicle within the city unless such cargo is covered and secured in such manner as to prevent depositing of litter on public and private property.
(b) 
The duty and responsibility imposed by subsection (a) shall be applicable both to the owner of the truck or other vehicle, and to the operator thereof.
(c) 
In a prosecution charging a violation of this subsection (a), lack of adequate covering and securing shall in itself constitute prima facie proof that a violation has been committed.
(Ordinance 0203-03 adopted 2/24/03)
A person who violates a provision of this article is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, or permitted. Each offense is punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(Ordinance 0203-03 adopted 2/24/03)