[HISTORY: Adopted by the Council of the City of Breckenridge 10-2-1972 as Art. I of Ord. No. 265; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ENFORCEMENT OFFICER
- The Zoning Officer, Fire Official and police officers. The said officials shall be empowered to enforce this chapter and shall be collectively designated as the "Enforcement Officer."
- Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof, including but not limited to any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazine, glass, metal, plastic or paper containers or other packaging or construction material.
- LITTER RECEPTACLE
- A container suitable for the disposing of litter.
- PUBLIC PLACE
- Any area that is used or held out for use by the public, whether owned or operated by public or private interests.
Litter receptacles shall be required at the following public places within the City of Breckenridge:
Buildings held out for public use.
Street vendor locations.
Self-service refreshment areas.
Gas service station islands.
Special events to which the public is invited, including sporting events, parades, carnivals and festivals.
Persons placing litter, rubbish or trash 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, catch basin, street or other public place within the city the accumulation of litter, rubbish or trash from any building or lot or from any public or private sidewalk or driveway.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter, rubbish or trash, upon any street, other public place or upon private property within the city.
No person shall drive, move or park any truck or other vehicle within the city unless such vehicle is constructed or loaded to prevent any of the load, contents or litter from dropping, sifting, leaking, escaping or being blown or deposited upon any street, alley or other public place.
No person shall drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in or on any street, alley or other public place litter, rubbish, trash or foreign matter of any kind.
Any person operating a vehicle from which any glass or objects have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers on public property, shall immediately notify the Breckenridge Police Department and shall pay the costs of cleaning if performed by the City of Breckenridge or its agents.
No person shall throw or deposit litter, rubbish or trash in any park or playground within the city except in public receptacles and in such a manner that the litter, rubbish or trash will be prevented from being carried or deposited by the elements upon any part of the park, playground, any street or other public place.
Where public receptacles are not present, all litter, rubbish or trash shall be carried away from the park or playground and properly disposed of elsewhere by the person responsible for its presence.
No person shall throw or deposit litter, rubbish or trash on any occupied or vacant private property within the city, whether owned by such person or not, except that the owner or person in control may maintain authorized private receptacles for collection in such manner that litter, rubbish or trash will be prevented from being carried or deposited by the elements upon any street, other public place or any private property.
No person shall permit the discarding or dumping of any household or commercial solid waste in any place not specifically designated for the purpose of solid waste storage or disposal.
No person shall store or permit the storage of any bulky household waste, including household appliances, furniture or mattresses, in areas zoned residential, except in a fully enclosed structure.
No person shall store or permit the storage of tires, except in a fully enclosed structure.
No person shall keep or permit the keeping on streets, vacant lots and residential lawns, except in a fully enclosed structure, any motor vehicle, trailer or semitrailer:
Which is missing tires, wheels, engine or any essential parts;
Which displays extensive body damage or deterioration;
Which does not display a current, valid state license plate; or
Which is wrecked, disassembled or partially disassembled.
No property owner, agent or contractor in charge of a construction or demolition site shall permit the accumulation of litter or debris before, during or after completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of the construction site to furnish containers adequate to accommodate flyable and nonflyable debris or trash at areas convenient to construction areas, and to maintain and empty the receptacles in such a manner and with such frequency as to prevent spillage.
No residential, commercial or industrial property owner, lessee, tenant or other occupant shall permit open or overflowing waste disposal containers or bins on his or her property.
No person shall distribute, or cause to be distributed, to any dwelling or building, or place or cause to be placed, upon any motor vehicle, any advertisement, handbill or unsolicited material of any nature, unless the item or material is securely placed at each dwelling or on each motor vehicle, so that it will not be carried or deposited by the elements to another portion of the property, any street, sidewalk, other public place or private property.
In the event the material is distributed by any person who has not attained the age of 18 years, the person requesting or authorizing the distribution of the item or materials shall be responsible for compliance with this chapter.
No person owning, occupying or operating a place of business shall sweep into or deposit in any gutter, catch basin, street or other public place within the city the accumulation of litter, rubbish or trash from any buildings or lot, public or private sidewalk or driveway.
The owner or managing agent, lessee, tenant or other occupant shall keep the entire business premises free from all litter, rubbish or trash.
In shopping centers or other business premises that contain common areas and/or common parking, the owner or managing agent shall keep such common areas free from all litter, rubbish or trash.
Every owner, lessee, tenant, occupant or other person in charge of any structure shall keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction and nuisances of every kind, and to keep sidewalks, rights-of-way, backyards, courts and alleys free from all litter and other offensive material.
Every person who owns or occupies property shall keep the sidewalk in front of the premises free of litter. All sweepings shall be collected and properly containerized for disposal.
The owner, managing agent, lessee, tenant or person in control of any private property shall at all times maintain the premises free of litter, rubbish or trash; provided, however, that this section shall not prohibit storage of litter, rubbish or trash in authorized receptacles for collection.
In addition to the requirements set forth under §§ 108-17 and 108-18 of this chapter, all owners, lessees, tenants and/or occupants of any commercial or industrial properties located within the City of Breckenridge shall fully comply with the provisions of Chapter 103 of the Breckenridge Code, entitled "Junk and Debris," which shall remain in full force and effect.
[Added 9-5-2017 by Ord. No. 496]
Any violation of this chapter is hereby declared to be a public nuisance and may be abated by the City pursuant to the procedures established in § 118-25.
Editor's Note: This ordinance also repealed former § 108-20, Clearing of litter on private property.
The Street Foreman is authorized to post appropriate signs stating the prohibition against littering and the fine.
[Amended 10-15-2018 by Ord. No. 506]
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1, General Provisions, Article I, General Penalty, except for the following which shall be classified as a payable petty misdemeanor offense: