[Added 11-7-1962 by Ord. No. 11-1962]
A.
AIRCRAFT
AUTHORIZED PRIVATE RECEPTACLE
CITY
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
GARBAGE
LITTER
NEWSPAPER
NONCOMMERCIAL HANDBILL
OPEN PRIVATE PROPERTY
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
Definitions. For the purposes of this article, the
following terms, phrases, words and their derivations shall have the
meaning given herein:
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle on private premises.
The City of Rye.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter of literature:
Which advertises for sale any merchandise, product,
commodity or thing; or
Which directs attention to any business or mercantile
or commercial establishment or other activity for the purpose of either
directly or indirectly promoting the interest thereof by sales; or
Which 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; but the terms of this provision shall not apply where an
admission fee is charged or a collection is taken up for the purpose
of defraying the expenses incident to such meeting, theatrical performance,
exhibition or event of any kind when either of the same 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; provided that nothing
contained in this subsection shall 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 this state or under ordinance of this City;
or
Which, 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 advertiser or
distributor.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish as defined herein 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 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 statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, includes any periodical
or current magazine regularly published with not less than four issues
per year and sold to the public.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of
a "commercial handbill" or "newspaper."
Any land that is not covered by or within an enclosed building
or structure.
[Added 8-3-1967 by Ord. No. 3-1967]
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.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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,
and includes any yard, grounds, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such dwelling, house, building
or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
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.
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.
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.
B.
Usage. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
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.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such a manner
as to prevent it from being carried or deposited by the elements upon
any street, sidewalk or other public place or upon private property.
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 sidewalk
in front of their premises free of litter.
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 sidewalk in front of their business premises free of litter.
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.
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 street, alley or other public place. 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 street, alley or other
public place any mud, dirt, sticky substances, litter or foreign matter
of any kind.
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.
No person shall throw or deposit litter in any
fountain, pond, lake, stream, bay or any body of water in a park or
elsewhere within the City.
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 handbill in any public place; provided, however,
that it shall not be 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 throw or deposit any commercial
or noncommercial handbill in or upon any vehicle; provided, however,
that it shall not be unlawful in any public place for a person to
hand out or distribute, without charge to the receiver thereof, a
noncommercial handbill to any occupant of a vehicle who is willing
to accept it.
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.
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 said premises in a conspicuous position near the entrance thereof
a sign bearing the words: "no peddlers or agents," "no advertisement"
or any similar notice indicating in any manner that the occupants
of said premises do not desire to be molested or have their right
of privacy disturbed or to have any such handbills left upon such
premises.
A.
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 article, 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, and except that mailboxes may not
be so used when so prohibited by federal postal law or regulations.
B.
Exemption for mail and newspapers. The provisions
of this section shall not apply to the distribution of mail by the
United States nor to newspapers, as defined herein, 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.
No person in any aircraft shall throw out, drop
or deposit within the City any litter, handbill or any other object.
No person shall post or affix any notice, poster
or other paper or device calculated to attract the attention of the
public, to any lamppost, public utility pole or shade tree or upon
any public structure or building, except as may be authorized or required
by law.
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.
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.
No person shall throw or deposit litter on any
open or vacant private property within the City, whether owned by
such person or not.
A.
Notice 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 is dangerous to public
health, safety or welfare. Such notice shall be by registered or certified
mail, addressed to said owner at his last known address.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of written notice provided for in Subsection A above, or within 20 days after the date of such notice in the event the same is returned to the City Post Office Department because of its inability to make delivery thereof, provided the same 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.
Charge included in tax bill. 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
annum from 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 said charge shall be due and payable by said owner at the time
of payment of such bill.
D.
Filed statement constitutes lien. Where the full amount due the City is not paid by such owner within 30 days after the disposal of such litter, as provided for in Subsections B and C above, then and in that case the City Manager shall cause to be filed with the Assessor of the City 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 said work was done. The filing of such sworn statement shall constitute a lien 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. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of 5% in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements filed in accordance with the provisions hereof 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 the same is due and collectible as provided by law.
Any person violating any of the provisions of
this article shall, upon conviction thereof, be punished by a fine
not exceeding $100 or by imprisonment for a period not exceeding 30
days, or by both such fine and imprisonment.