521.12 LITTERING.

   (a)   Definitions. As used in this section:

      (1)   “Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

      (2)   “Refuse” means all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, toys, appliances, building materials and solid market and industrial wastes.

      (3)   “Rubbish” means 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.

      (4)    "Litter" means 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 or nuisance to public health, safety and/or welfare.

      (5)    When not inconsistent with the context, words used in the present tense include the future, words 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.

   (b)    Deposit of Offensive Garbage or Refuse Matter. No person shall deposit or permit to be deposited any garbage, refuse matter, offal or animal carcass which is or may become offensive, noxious or dangerous to the public health, comfort or safety on his own premises or any premises under his control or deposit such garbage or refuse matter in any back lot, public ground, vacant lot, park, alley, street or areaway or in any other place within the City. No person shall establish, erect or operate within the City any incinerator, landfill or other structure or device for the disposal of garbage or other waste materials, except as otherwise provided by law.

(Ord. 67-27. Passed 5-2-67.)

   (c)    Out-of-Doors Eating Establishments. No proprietor, manager or employee of a restaurant or eating establishment serving food to be eaten in parked automobiles or out of doors on the premises of the business shall cause or allow trash, debris, refuse, garbage or waste materials to be placed or to remain on the premises outside of containers. No proprietor or manager of such eating establishment shall fail to maintain on the premises, in areas where food is consumed out of doors, refuse and waste containers which are easily accessible to customers and employees.

(Ord. 59-30. Passed 4-7-59.)

   (d)    Litter in Public Places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City, except in public receptacles or in authorized private receptacles for collection.

   (e)    Placement of Litter in Receptacles. No person placing litter in public receptacles or in authorized private receptacles shall fail to do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, side, sidewalk or other public place or upon any private property.

   (f)   Litter Thrown by Persons in Vehicles. 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 any private property.

   (g)    Truck Loads Causing Litter. No person shall drive or move any truck or other vehicle within the City unless such vehicle is 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. No person shall drive or move any vehicle or truck within the City, the wheels or tires of which carry onto or deposit in any street, alley, road or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.

   (h)    Litter on Occupied Private Property. 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.

   (i)    Owner to Maintain Premises Free of Litter. No owner or person in control of any private property shall fail to maintain the premises free of litter at all times. This subsection does not prohibit the storage of litter in authorized private receptacles for collection.

   (j)    Litter on Vacant Lots. No person shall throw or deposit litter on any open or

vacant private property within the City, whether owned by such person or not.

   (k)    Clearing of Litter From Open Private Property by City.

      (1)    Notice to remove. The Building Commissioner or his authorized assistant is hereby authorized to notify the owner of any open, vacant or unoccupied property within the City, or the agent of such owner, to properly dispose of litter located on such property which is dangerous to public health, safety or welfare. Such notice shall be delivered by registered mail, addressed to such owner at his last known address. No person shall fail to comply with such notice.

      (2)    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 or in violation of this section, within ten days alter receipt of written notice provided for in subsection (k)(1) hereof, or within five days after the date of such notice, in the event the same is returned to the City by the Post Office 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 Building Commissioner or his authorized assistant is hereby authorized to pay for the disposing of such litter or to order its disposal by the City.

      (3)    Charge to be included in tax bill. When the City has effected the removal of such litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent (6%) per year 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.

      (4)    Charges constitute lien. Where the full amount of the charges due the City is not paid by such owner within thirty days after the payment of the same by the City, then such charges assessed against such property shall become a lien thereon and shall be collected in the same manner as other special assessments according to law. The remedy provided for herein shall be in addition to the penalty provided in subsection (l) hereof.

         (Ord. 59-32. Passed 5-19-59.)

   (l)    Whoever violates this section shall be fined not more than five hundred dollars ($500.00) on a first offense; on a second offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense, such person is guilty of a misdemeanor of the third degree. (Ord. 82-145. Passed 7-6-82.)