This chapter shall be known as the "littering ordinance" of the city.
(Prior code § 14A-1)
For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:
means all animal and vegetable refuse and household waste of materials or matter prepared or intended in whole or in part to be used for food. Also, all animal and vegetable refuse from places where foodstuffs intended for human consumption are handled commercially.
means residential and/or commercial furniture, appliances or equipment designed for indoor use which are of sufficient size to conceal a child. This term includes, but is not limited to, such items as refrigerators, freezers, stoves, sofas and display counters. Storage of such containers is prohibited unless doors and/or hinges have been removed in accordance with Section 402b of the California Penal Code.
means garbage, hazardous containers, rubbish and weeds as defined herein, which is not within a receptacle provided therefor, and all other material which, if thrown, deposited or allowed to accumulate as herein prohibited, tends to create a danger to public health, safety and welfare.
means any private property, together with any structure thereon, whether inhabited or temporarily or continuously uninhabited or vacant, including the yard, grounds, walks, driveway, porch, steps, vestibule or entryway thereof and any off-street parking area.
means all refuse other than garbage and hazardous containers, and such term shall include paper, rags, leaves, weeds, grass, vines, sawdust, sweepings, plaster, bricks, cement, glass, crockery, shells, metals, metal products, cans, ashes, and tree and shrubbery trimmings.
means dry grass, stubble, brush or other growth which creates a fire menace, or which is otherwise noxious or dangerous.
(Prior code § 14A-2; Ord. 4016 § 1, 1987; Ord. 4021 §§ 1, 2, 1987; Ord. 4225 § 1, 1990)
No person shall throw, deposit or accumulate litter in or upon any public place or private premises as hereinbefore defined within the city, except while such person is temporarily engaged in clearing said public place or private premises of litter or improving said public place or private premises.
(Prior code § 14A-3)
Persons placing litter in authorized public or private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any public place or private premises.
(Prior code § 14A-4)
Persons owning or occupying private premises within the city shall keep the public place abutting or adjacent to said premises free of litter, except while such person is temporarily engaged in clearing the public place and adjacent private premises of litter or improving said public place or private premises. No person owning, occupying, or controlling private premises shall sweep into or deposit in any public place within the city the accumulation of litter from any private premises or public place.
(Prior code § 14A-5)
The owner or person in control of any private property shall at all times maintain the premises free of litter. Provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
(Prior code § 14A-6)
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 provided herein. The provisions in this chapter shall be applicable in the Superblock, Expanded Civic Center and Prescott Promenade more particularly described as follows:
Lots I through 5, inclusive, of Superblock Phase II in the City of El Cajon, County of San Diego, State of California, according to Map thereof Number 9548, filed in the office of the Recorder of said County February 6, 1980, together with Lot I of El Cajon Civic Center in the City of El Cajon, County of San Diego, State of California, according to Map thereof Number 8071, filed in the office of the Recorder of said County February 14, 1975; and
Blocks 4 and 5 of Map thereof Number 597, filed in the office of the Recorder of San Diego County, State of California, on April 28, 1886. Together with that portion of Highland Avenue between Douglas Avenue and Lexington Avenue closed by the El Cajon City Council on February 3, 1987, Resolution Number 46-87.
All publicly owned property between Main Street and Douglas Avenue including that area commonly referred to as the Prescott Promenade.
(Prior code § 14A-7; Ord. 4586 § 5, 1998)
No person shall throw or deposit litter on any occupied private property within the city, whether 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.
(Prior code § 14A-8)
No person shall throw or deposit litter on any open or vacant private property within the city, whether owned by such person or not.
(Prior code § 14A-9)
The fire chief and the building inspector or their authorized representatives are authorized and empowered to notify the owner of any private property within the city, or the agent of such owner, to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be as hereinafter provided.
(Prior code § 14A-10)
No owner of any lot, place or area within the city, or the agent of such owner, shall permit on such lot, place or area, or upon any sidewalk, parkway, easement and/or right-of-way abutting the same:
A.
Any weeds, grass or deleterious, unhealthful growths or other noxious matter that may be growing, lying or located thereon;
(Prior code § 14A-11; Ord. 3997 § 2, 1986; Ord. 4021 § 3, 1987; Ord. 4110 § 2, 1988)
No owner of any lot, place or area within the city, or the agent of such owner, shall permit on such lot, place or area, or upon any sidewalk abutting the same, any weeds, dry grasses, dead shrubs, dead trees or other growths or noxious matter which constitute a fire hazard to any building, improvements, crops or other property.
(Prior code § 14A-12)
The fire chief and the building inspector, or their authorized representatives, are authorized and empowered to notify the owner of any such lot, place or area within the city, or the agent of such owner, to cut, destroy and/or remove any such weeds, grass, trees, dead shrubs, or deleterious, unhealthful growths or other noxious matter found growing, lying or located on such owner's property, or upon the sidewalk abutting the same. Such notice shall be as hereinafter provided.
(Prior code § 14A-13)
The notices referred to in Sections 9.72.100 and 9.72.130 shall be in writing and shall contain a description of the property in general terms reasonably sufficient to identify the location of said property, shall direct compliance with removal or destruction of the litter or obnoxious growth which is contrary to the public health, safety or welfare, and shall refer to this chapter and be served in one of the following manners:
A.
By personal service on the owner, agent, occupant or person in charge or control of the property;
B.
By certified or registered mail, addressed to the owner, his agent, or person in charge and control of the property, at the address shown on the last available assessment roll, or as otherwise known. Service shall be deemed to have been completed upon the deposit of the said notice, postage prepaid, in the United States mail.
(Prior code § 14A-14)
Within ten days from the date of personal service, mailing or posting of the required notice provided for in Section 9.72.140, the owner or person occupying or controlling such lot or premises affected by such notice may appeal to the city council. Such appeal shall be in writing and shall be filed with the city clerk. The city clerk shall set a hearing date upon all appeals at a regular or adjourned regular meeting of the city council not less than fifteen days nor more than thirty days after the service of the notice as provided in Section 9.72.140. The clerk shall notify the owner or person appealing of such hearing date by mail or by personal service, as provided in Section 9.72.140. The city council shall proceed to hear and pass upon such appeal at such time, unless continued, and the decision of the city council thereupon shall be final and conclusive.
(Prior code § 14A-15)
It shall be the duty of the owner, the agent of the owner or the person in possession of any lot or premises in the city, within thirty days from the date of personal service, mailing or posting of the notice provided for herein, or in the case of an appeal to the city council, within thirty days from the determination thereof, unless the same is sustained, to comply with the requirements of such notice.
(Prior code § 14A-16)
Upon the failure, neglect or refusal of any owner or agent, after notice as hereinabove set forth, to properly comply with the order to remove or destroy the litter or obnoxious growth from the lot or premises within the time specified in this chapter, the fire chief or building inspector, or their authorized representatives, shall cause such work to be done. When the city has completed such work, or has paid for such work to be done, a report of the proceedings and an accurate account of the cost on each separate property shall be filed with the city clerk.
(Prior code § 14A-17)
When the city has completed the work ordered to be done, or has paid for such work, the actual cost thereof, together with an administrative cost, shall be charged to the owner of the property, and the owner, or his agent, shall be billed therefor by mail, if not paid prior thereto. The bill shall apprise the owner that failure to pay the bill will result in a lien upon the property.
(Prior code § 14A-18)
Where the full amount due the city is not paid by such owner within thirty days after the date of billing, the city clerk shall set the report and account for hearing by the city council at the first regular or adjourned regular meeting which will be held at least seven calendar days after such thirty-day period has expired. The city clerk shall post a copy of such report and account and a notice of the time and place of hearing in a conspicuous place at or near the entrance of the council chambers in the city hall.
(Prior code § 14A-19)
The city council shall consider the report and account at the time set for hearing, together with any objections or protests by interested parties. Any owner of land or person affected by the proposed charge may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the city council shall either approve the report and account as submitted, or as modified or corrected by the city council. The decision of the city council on the report and the charge, and on all protests or objections, shall be final and conclusive. The amounts so approved shall be charged to the property owner on the next regular tax bill, and shall be a lien upon the property involved. The city council shall confirm such assessment and cause the same to be recorded on the assessment roll, and thereafter such assessment shall constitute a special assessment against and a lien upon the property. The city council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll.
(Prior code § 14A-20)
All such assessments remaining unpaid after thirty days from the date of confirmation of the assessment by the city council shall become delinquent and shall bear interest at the rate of seven percent per year from and after such date.
(Prior code § 14A-21)
Said assessments shall be levied in accordance with the provisions of Title 4, Division 3, Chapter 13 of the Government Code of the state of California.
(Prior code § 14A-22)
The owner, occupant or agent of any lot or premises within the city who shall violate the provisions of this chapter shall be deemed guilty of a misdemeanor.
(Prior code § 14A-23; Ord. 3521 § 1, 1981; Ord. 3647 § 10, 1983)
No person shall throw or deposit any commercial or noncommercial handbill circulars, pamphlets, tracts, or advertisements 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 handbill in any public place; provided, however, that it is not unlawful on any sidewalk, street or other public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. No person shall post or affix to any pole, tree, car, fence or structure situated therein any kind of handbill, circular, pamphlet, tract, dodger or advertisement.
(Prior code § 14A-24; Ord. 4528, 1997)
Because the disposal of unwanted handbills, left on unoccupied vehicles, leads to the proliferation of litter, and the person removing an unwanted handbill is unlikely to keep possession of the handbill until a suitable location for disposal may be found, the City Council finds that it is necessary and appropriate to prevent littering through the regulation of unwanted handbills. Therefore, no person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle if the occupant or owner thereof has affirmatively indicated, through an appropriate sign or statement, that such handbills are unwanted and will not be accepted. An "appropriate sign" shall be clearly visible to the public, either on the vehicle or on its dash, stating, in general, that handbills are not wanted by the owner or occupant of the vehicle, and that no handbills are to be deposited in or upon the vehicle. Provided, however, that it is not unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a noncommercial handbill to any owner or occupant of a vehicle who is willing to accept it.
(Ord. 4736 § 2, 2003)
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.
(Prior code § 14A-26)
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 the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises.
(Prior code § 14A-27)
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; provided, however, that in case of inhabited private premises which are not posted as provided in 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 about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law 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 private property.
(Prior code § 14A-28)
No person shall post, stick, stamp, paint, place or otherwise affix or cause the same to be done by another, any notice, placard, billposter or advertisement to or upon any sidewalk, crosswalk, curbing, hydrant, shade tree or tree box, enclosure or building, telegraph, telephone or electric lighting pole, motor vehicle, trash receptacle, or public bench, without first obtaining the permission of the owner, agent or occupant thereof, and except as in conformance with the zoning ordinance of the city.
(Prior code § 13A-29)
The violation of any provision of this chapter is deemed to be a public nuisance and may be abated in accordance with Chapter 1.16 of this code.
(Ord. 4318 § 5, 1991)