5-1-4: LITTERING:
   A.   Definitions: For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given herein.
    GARBAGE: Food waste including putrescible animals and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
   LITTER: Garbage, refuse and rubbish, as defined herein, and all other waste type materials.
   PARK: A park, commons, playground, recreation center or any other public area in the City, owned or used by the City and devoted to active or passive recreation or garden area.
   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 putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
   RUBBISH: 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.
   VEHICLE: 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.
   WASTE: Material of so little value as to be of no practicable use such that a reasonable person would seek to disregard the material.
   B.   Deposits Upon Streets:
      1.   No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City except in receptacles from which the litter may not be wind blown.
      2.   No person shall sweep into or deposit in any gutter 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.
      3.   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.
   C.   Litter Falling From Vehicles: No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded so 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, mud, dirt, sticky substances, litter or foreign matter of any kind.
   D.   Parks: 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.
   E.   Aircraft: No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill or any other object.
   F.   Private Property: No person shall throw or deposit litter on any occupied private property within the City, whether owned or occupied 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.
   G.   Open, Vacant Property: No person shall throw or deposit litter on any open or vacant private property within the City whether owned by such person or not.
   H.   Drive-In Theaters: No person shall own or operate a drive-in theater within the City limits without providing and maintaining adequate fencing around the outside perimeter of said drive-in motion picture theater of sufficient design to prevent "litter", as defined in this section, from being blown from the confines of said drive-in motion picture theater under ordinary weather conditions.
   I.   Permitting Litter: No owner, occupant or person in control of any lot or parcel of land in the City of Alton shall allow, suffer or permit any lot or parcel of land, or that public property adjacent thereto and abutting upon a public street or public sidewalk, to contain litter. Failure to remove such litter after appropriate notice pursuant to section 5-1-5 of this chapter shall constitute a violation of this subsection.
   J.   Food Establishments:
      1.   Disposal Of Refuse, Litter And Debris: Each "carryout restaurant" or "convenience store", as defined in title 4, chapter 7, article A of this Code shall dispose of all paper, cups, plates, napkins, garbage and all other waste material accumulated upon the premises of the carryout restaurant or convenience store including all parking lots, adjacent sidewalks, curbs and gutters. Disposal shall be to a lawful location. It shall also be the duty of the owner, manager or person in charge of said establishment to, at all times, keep the premises indoors, the premises outdoors, and within a three hundred foot (300') radius of all property lines on which said establishment is located, free from rubbish, litter, and other waste materials and debris including food, beverages, napkins, straws, containers, bags, utensils, cups, plates, cans and other waste materials emanating from the establishment, emanating from the patrons or from the outside waste receptacles used by such food establishments. To accomplish the foregoing, each carryout restaurant or convenience store shall cause the three hundred foot (300') area to be patrolled for litter at least once every twenty four (24) hours within any time the carryout restaurant or convenience store is open for business. Where the above three hundred foot (300') radius encompasses private property, permission to encroach upon said private property shall be requested from the private property owner to fulfill the purpose of this requirement. Reasonable proof of such efforts shall be provided to City officials upon request.
      2.   Waste Receptacles: A waste receptacle shall be placed at each pedestrian exit from the carryout restaurant building or convenience store building. In addition, a waste receptacle shall be placed on or adjacent to the parking areas serving the carryout restaurant or convenience store with not less than one waste receptacle for every six (6) parking spaces or any additional fraction of six (6) parking spaces which may be available to the patrons of the carryout restaurant or convenience store.
      3.   Definition: "Waste receptacle", as used herein, shall be defined as an anchored device with solid sides and bottom and covered in some manner so as to prevent waste or litter which has been deposited in the waste receptacle from being blown out by winds or from being improperly removed.
   K.   Licensed Liquor Establishments:
      1.   Disposal Of Refuse, Litter And Debris: Each establishment licensed to sell alcoholic liquor in the City of Alton which holds a Class A, C-2, D, E, F, or I license of the City of Alton shall at least once in each twenty four (24) hour period, dispose of all paper, cups, plates, napkins, garbage, cigar and cigarette butts and all other waste material accumulated upon the premises of such licensed establishment, including all parking lots, adjacent sidewalks, curbs and gutters. Disposal shall be to a lawful location. It shall also be the duty of the owner, manager or person in charge of said licensed establishment to, at all times, keep the premises indoors, the premises outdoors, and within a three hundred foot (300') radius of all property lines on which said establishment is located, free from rubbish, litter, and other waste materials and debris, including food, beverages, napkins, straws, containers, bags, utensils, cups, plates, cans, cigar and cigarette butts and other waste materials whether emanating from the licensed establishment, emanating from the patrons of the licensed establishment or from the outside waste receptacles used by such licensed establishments. Where the above three hundred foot (300') radius encompasses private property, permission to encroach upon said private property shall be requested from the private property owner to fulfill the purpose of this requirement.
      2.   Cigarette Diffuser: A cigarette diffuser, specifically designed to accept and extinguish cigars or cigarette butts and anchored with solid sides and bottom and designed in some manner so as to prevent cigar and cigarette butts which have been deposited in the cigarette diffuser from being blown out by winds or from being improperly removed, shall be placed at each pedestrian exit from the licensed establishment building, beer garden, or sidewalk cafe. (Ord. 7583, 9-27-2017)