[HISTORY: Adopted by the Common Council of the City of Burlington 1-5-1988 by Ord. No. 1203(25) as §§ 9.18 and 9.40 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances-- See Ch. 227.
Parks and public areas — See Ch. 234.
Solid waste — See Ch. 265.
For the purposes of this chapter, certain words and phrases shall be defined as follows:
CONTAINERS
Locally approved metal, heavy-duty paper or plastic receptacles used for the disposal and storage of solid waste.
LITTER
Any quantity of uncontainerized paper, metal, plastic, glass or miscellaneous solid waste which may be classed trash, debris, rubbish, refuse, garbage or junk.
PRIVATE PROPERTY
Includes, but is not limited to, the following exterior locations owned by private individuals, firms, corporations, institutions or organizations: yards, grounds, driveways, entranceways, passageways, parking areas, working areas, storage areas, vacant lots and recreation facilities.
PUBLIC PROPERTY
Includes, but is not limited to, the following exterior locations: streets, street medians, roads, road medians, catch basins, sidewalks, strips between streets and sidewalks, lanes, alleys, public rights-of-way, public parking lots, school grounds, municipal housing project grounds, municipal vacant lots, parks, beaches, playgrounds, other publicly owned recreation facilities and municipal waterways and bodies of water.
A. 
No person shall throw, discard, place or deposit litter in any manner or amount on any public or private property within the corporate limits of the City except in containers or areas lawfully provided therefor.
B. 
In a prosecution charging a violation of Subsection A from a motor vehicle, proof that the particular vehicle described in the complaint was the origin of the litter, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such vehicle, shall constitute in evidence of presumption that the registered owner was the person who committed the violation.
C. 
Persons distributing commercial handbills, leaflets, flyers or any other advertising and information material shall take whatever measures that may be necessary to keep such materials from littering public or private property.
D. 
To facilitate proper disposal of litter by pedestrians and motorists, such publicly patronized or used establishments and institutions as may be designated by the Department of Public Works shall provide, regularly empty and maintain in good condition adequate containers that meet standards prescribed by the Department. This requirement shall be applicable but not limited to fast-food outlets, shopping centers, convenience stores, supermarkets, service stations, commercial parking lots, mobile canteens, motels, hospitals, schools and colleges.
E. 
No person shall deposit household solid waste in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians.
[Added 9-3-1996 by Ord. No. 1537(11)]
F. 
No person shall deposit household solid waste in a receptacle not owned by him or provided for his use without the permission of the owner of such receptacle.
[Added 9-3-1996 by Ord. No. 1537(11)]
A. 
No person shall transport any loose cargo by truck or other motor vehicle within the corporate limits of the City unless such cargo is covered and secured in such manner as to prevent depositing of litter on public and private property.
B. 
The duty and responsibility imposed by Subsection A shall be applicable alike to the owner of the truck or other vehicle, the operator thereof and the person from whose residence or establishment the cargo originated.
C. 
In the prosecution charging a violation of Subsection A, lack of adequate covering and securing shall in itself constitute proof a violation has been committed.
A. 
Any owner or occupant of an establishment or institution at which litter is attendant to the packing or unpacking and loading and unloading of materials at exterior locations shall provide suitable containers there for the disposal and storage of such litter and shall make appropriate arrangements for the collection thereof.
B. 
Further, the owner or occupant shall remove at the end of each working day any litter that has not been containerized at these locations.
A. 
No owner, agent or contractor in charge of any construction or demolition site shall cause, maintain, permit or allow to be caused, maintained or permitted the accumulation of any litter on the site before, during or after completion of the construction or demolition project.
B. 
The owner, agent or contractor shall have on the site adequate containers for the disposal of litter and shall make appropriate arrangements for the collection thereof or the transport by himself to an authorized facility for final disposition.
C. 
The owner, agent or contractor may be required at any time to show proof of appropriate collection or, if transported by himself, of final disposition at an authorized facility.[1]
[1]
Editor's Note: Original § 9.18(6), which immediately followed this subsection, was deleted 9-3-1996 by Ord. No. 1537(11).
A. 
All establishments and institutions which generate solid waste for collection shall abide by the container requirements prescribed by the contractor.
[Amended 9-3-1996 by Ord. No. 1537(11)]
B. 
Containers shall be kept covered at all times.
C. 
Any container which does not conform to the prescribed standards or which has defects likely to hamper collection or injure the person collecting the contents thereof or the public in general shall be replaced promptly by the owner or user of the container upon notification of such defects from the contractor. Failure to do shall constitute a violation of this chapter.
[Amended 9-3-1996 by Ord. No. 1537(11)]
D. 
No owner, manager or employee of a commercial establishment or institution shall deposit solid waste from that establishment or institution in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians.
E. 
No owner, manager or employee of a commercial establishment or institution shall deposit solid waste from that establishment or institution in any receptacle not owned by it or provided for its use without the permission of the owner of such receptacle.
[Added 7-7-1992 by Ord. No. 1393(5)]
A. 
Before building permits shall be issued for construction of commercial buildings and multiple-dwelling units, plans for the adequacy, location and accessibility of solid waste containerization and storage facilities shall be approved by the Building Inspector's office.
B. 
No certificate of occupancy shall be issued for such premises until the Department's approval of these facilities has been obtained.
A. 
The owner, agent, occupant or lessee shall keep exterior private property free of litter. This applies to removal not only of loose litter but of materials that already are or become trapped at such locations as fence and wall bases, grassy and planted areas, borders, embankments and other lodging points.
B. 
Owners, agents, occupants or lessees whose properties face on municipal sidewalks and strips between streets and sidewalks shall be responsible for keeping those sidewalks and strips free of litter.
C. 
Owners, agents, occupants or lessees whose properties border on a municipal alley shall be responsible for keeping the alley free of litter.
D. 
No person shall sweep or push litter from sidewalks and strips into streets. Sidewalk and strip sweepings shall be picked up and put into household or commercial solid waste containers.
E. 
Each nonresident owner of a vacant lot or other vacant property shall appoint a resident agent who shall have responsibility for keeping that lot or other property free of litter.
F. 
If after due warning, citation or summons an owner, agent, occupant or lessee fails to remove litter from private property, the Department of Public Works shall serve written notice to the owner or his appointed agent that if the condition is not corrected within 10 days the property shall be cleaned by the City and the owner or his appointed agent billed for the cost thereof. If the bill is not paid within 30 days, this amount shall be added to the tax roll on that property.[1]
[1]
Editor's Note: Original § 9.18(9), Penalties, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 9.18(10) was deleted 9-3-1996 by Ord. No. 1537(11).
Except as otherwise provided in this chapter, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-4 of this Municipal Code.