For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meaning given herein. 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.
AIRCRAFT
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.
COMMERCIAL HANDBILL
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:
A.
Advertises for sale any merchandise, product, commodity or thing;
B.
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;
C.
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 subsection shall
not apply where an admission fee is charged or 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 the state
or under any ordinance of this Village; or
D.
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.
GARBAGE
Any animal, fish, fowl, fruits or vegetable waste incident to and
resulting from the use, preparation and storage of food.
LITTER
Garbage, refuse, and rubbish as defined herein and all other waste
material which, if thrown or deposited as herein prohibited, would tend to
create a danger to public health, safety and welfare.
NEWSPAPER
Any newspaper of general circulation as defined by general law, any
newspaper duly entered with the United States Post Office Department, 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
shall mean and include any periodical or current magazine regularly published
with not fewer than four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL
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 definition of "commercial handbill" or "newspaper."
PARK
A park, reservation, playground, beach, recreation center or any
other public area in the Village owned or used by the Village and devoted
to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation, company
or organization of any kind.
PRIVATE PREMISES
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 shall include any
yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging
or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public
ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
All waste or rubbish of any kind, whether combustible or noncombustible
in nature, including garbage, rubbish, ashes, street cleanings, dead animals,
and abandoned automobiles.
RUBBISH
All waste or refuse of any kind, whether combustible or noncombustible
in nature, such as paper, wrappings, cigarettes, cardboard, tin cans, yard
clippings, leaves, wood, glass, bedding, crockery and similar materials.
VEHICLE
Every device in, upon, or by which any person or property is or may
be transported or drawn upon a highway or street, including devices used exclusively
upon stationary rails or tracks.
No person shall throw or deposit litter or allow or permit to be thrown
or deposited any litter in or upon any street, sidewalk or other public place
within the Village except in public receptacles, in authorized private receptacles
for collection or in official Village public receptacles located at the Department
of Public Works yard.
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, while a driver or passenger in a vehicle, shall throw or
deposit litter upon any street or other public place or upon private property
within the Village.
No person shall drive or move any truck or other vehicle within the
Village 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 Village, 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.
No person shall throw or deposit litter in any park within the Village
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 other body of water in a park or elsewhere in the Village.
No person in an aircraft shall throw out, drop or deposit within the
Village 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 Village, 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 Village, whether owned by such person or not.
No persons engaged in delivering or distributing any commercial or noncommercial
handbills, newspapers or other advertising matter shall cross any lawn or
over or through any hedge or shrubbery.
[Amended 5-20-1991 by Ord. No. 1602]
Except where a penalty is otherwise prescribed, the penalty for violation of any provision of this chapter shall be as set forth in §
115-1 of the Village Code.