This chapter shall be known and may be cited as the “San
Juan Capistrano Anti-Litter Law.”
(§ 1, Ord. No. 190)
For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter are
defined as follows:
shall mean any contrivance now known or hereafter invented,
used, or designated for navigation or for flight in the air. “Aircraft”
shall include helicopters and lighter-than-air dirigibles and balloons.
shall mean a litter storage and collection receptacle as required and authorized by Chapter 3 of Title 6 of this Code setting forth provisions for garbage, refuse, rubbish, and waste matter.
shall mean any printed or written matter, sample, device,
dodger, circular, leaflet, pamphlet, paper, booklet, or any other
printed or otherwise reproduced original or copy of any matter of
literature which:
Advertises for sale any merchandise, product, commodity, or
thing;
Directs attention to any business, mercantile, or commercial
establishment or other activity for the purpose of either directly
or indirectly promoting the interests thereof by sales;
Directs attention to or advertises any meeting, theatrical performance,
exhibition, or event of any kind for which an admission fee is charged
for the purpose of private gain or profit; provided, however, the
provisions of this subsection shall not apply where an admission fee
is charged or a collection is taken for the purpose of defraying the
expenses incident to such meeting, theatrical performance, exhibition,
or event when such meeting, theatrical performance, exhibition, or
event is held, given, or takes place in connection with the dissemination
of information which is not restricted under the ordinary rules of
decency, good morals, public peace, safety, and good order; and provided,
further, the provisions of this subsection shall not be deemed to
authorize the holding, giving, or taking place of any meeting, theatrical
performance, exhibition, or event of any kind without a license where
such license is or may be required by any law of the State or the
City; or
While containing reading matter other than advertising matter,
is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as an advertiser or distributor.
shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking, and consumption of food.
shall mean garbage, refuse, and rubbish as defined in this
section and all other waste material which, if thrown or deposited
as set forth in this chapter, tends to create a danger to the public
health, safety, and welfare.
shall mean the following:
Any newspaper of general circulation as defined by general law;
Any newspaper duly entered with the Post Office Department of
the United States in accordance with Federal statutes or regulations;
Any newspaper filed and recorded with any recording officer
as provided by general law; and
Any periodical or current magazine regularly published with
not less than four issues per year and sold to the public.
shall mean any printed or written matter, sample, device,
dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet,
or any other printed or otherwise reproduced original or copy of any
matter of literature not included in subsection (c) or (f) of this
section defining commercial handbill and newspaper.
shall mean a park, reservation, playground, beach, recreation
center, or any other public area in the City owned or used by the
City and devoted to active or passive recreation.
shall mean any dwelling, house, building, or other structure
designed or used, either wholly or in part, for private residential
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant. “Private premises” shall include any yard,
grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging
or appurtenant to such dwelling, house, building, or other structure.
shall mean any and all streets, sidewalks, boulevards, alleys,
or other public ways and any and all public parks, squares, spaces,
grounds, and buildings.
shall mean all putrescible and nonputrescible solid wastes
except body wastes, including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles, and solid market and industrial
wastes.
shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery, and similar materials.
shall mean every device in, upon, or by which any person
or property is, or may be, transported or drawn upon a highway, including
devices used exclusively upon stationary rails or tracks.
(§ 2, Ord. No. 190)
No person shall throw or deposit litter in or upon any street,
sidewalk, or other public place within the City, except in public
receptacles, in authorized private receptacles for collection, or
in official City dumps.
(§ 3, Ord. No. 190)
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent the
litter from being carried or deposited by the elements upon any street,
sidewalk, or other public place or upon private property.
(§ 4, Ord. No. 190)
(a)
Property
Owners. 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 sidewalks in front
of their premises free of litter.
(b)
Merchants.
No person owning or occupying a place of business 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
places of business within the City shall keep the sidewalks in front
of their business premises free of litter.
(§§ 5 and 6, Ord. No. 190)
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.
(§ 7, Ord. No. 190)
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
the load contents or litter from being blown or deposited upon any
street, alley, or other public place.
(§ 8, Ord. No. 190)
No person shall 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.
(§ 8, Ord. No. 190)
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 set forth in this chapter.
(§ 9, Ord. No. 190)
No person shall throw or deposit litter near or in any fountain,
pond, lake, stream, or any other body of water in a park or elsewhere
within the City.
(§ 10, Ord. No. 190)
No person in an aircraft shall throw out, drop, or deposit within
the City any litter, handbill, or any other object.
(§ 16, Ord. No. 190)
No person shall throw or deposit litter on any open or vacant
private property within the City, whether such property is owned by
such person or not.
(§ 20, Ord. No. 190)
No person shall throw or deposit litter on any occupied private
property within the City, whether such property is 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.
(§ 18, Ord. No. 190)
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, however,
the provisions of this section shall not prohibit the storage of litter
in authorized private receptacles for collection.
(§ 19, Ord. No. 190)
(a)
Notices
to remove. The City Manager is hereby authorized and empowered to
notify the owner of any open or vacant private property within the
City, or the agent of such owner, to properly dispose of litter located
on such owner’s property which litter is dangerous to the public
health, safety, or welfare. Such notice shall be by registered mail,
addressed to the owner at his last known address.
(b)
Removal
by City. Upon the failure, neglect, or refusal of any owner or agent
notified to properly dispose of litter dangerous to the public health,
safety, or welfare within 15 days after the receipt of such written
notice, or within 15 days after the date of such notice in the event
the notice is returned to the City Post Office Department because
of its inability to make delivery thereof, provided the notice was
properly addressed to the last known address of such owner or agent,
the City Manager is hereby authorized and empowered to pay for the
disposing of such litter or to order its disposal by the City.
(c)
Removal
by City: Costs: Tax bills. 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 6% per year after 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 such charge
shall be due and payable by such owner at the time of the payment
of such bill.
(d)
Removal
by City: Costs: Liens: Collection. Where the full amount due the City
is not paid by such owner within 10 days after the disposal of such
litter, the City Manager shall cause to be recorded in the office
of the County Recorder 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 such 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. Such costs and expenses shall be collected
in the manner fixed by law for the collection of taxes and shall be
subject to a delinquent penalty of 6% in the event the costs and expenses
are not paid in full on or before the date the tax bill upon which
such costs and expenses appear becomes delinquent. Sworn statements
recorded in accordance with the provisions of this section 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 such charge
is due and collectible as provided by law.
(§ 21, Ord. No. 190)
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street, or other public place within
the City, nor shall any person hand out or distribute or sell any
commercial hand-bill in any public place; provided, however, it shall
not be unlawful for any person to hand out or distribute on any sidewalk,
street, or other public place within the City, without charge to the
receiver thereof, any noncommercial handbill to any person willing
to accept it.
(§ 11, Ord. No. 190)
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle; provided, however, it shall not be
unlawful for a person to hand out or distribute in any public place,
without charge to the receiver thereof, a noncommercial handbill to
any occupant of a vehicle willing to accept it.
(§ 12, Ord. No. 190)
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
(§ 13, Ord. No. 190)
No person shall throw, deposit, or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises. In the case of inhabited private premises which are not posted (posting is permitted by the provisions of Section 5-8.20 of this chapter), such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places. Mail-boxes may not be so used when so prohibited by Federal postal laws or regulations. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk, or other public place or upon other private property.
(§ 15, Ord. No. 190)
No person shall throw, deposit, or distribute any commercial
or noncommercial handbill upon any private premises if requested by
anyone thereon not to do so, or if there is placed on such premises,
in a conspicuous position near the entrance thereof, a sign bearing
the words “No Trespassing,” “No Peddlers or Agents,”
“No Advertisement,” or any similar notice, indicating
in any manner that the occupants of such premises do not desire to
be molested, or have their right of privacy disturbed, or have any
such handbill left upon such premises.
(§ 14, Ord. No. 190)
It shall be unlawful for any person to distribute any handbill
between the hours of 5:00 p.m. and 8:00 a.m. of the following day.
(§ 6, Ord. No. 22)
No person shall post or affix any notice, poster, or other paper
or device calculated to attract the attention of the public to any
lamp post, public utility pole, or shade tree or upon any public structure
or building, except as may be authorized or required by law.
(§ 17, Ord. No. 190)
No person shall urinate or defecate on private property in an
area exposed to the public view, or on any public street, sidewalk,
alley, park or other public place, except in a public restroom.
(§ 3, Ord. No. 647)
