(A) Littering the premises of another.
(1) It shall be unlawful for any person to cast, place or deposit any litter upon real property owned by another, without the consent of the owner or lessee of the real property.
(2) Whenever any person shall be charged with a violation of this section, it shall be a sufficient allegation of an ordinance violation to state that the person deposited litter upon property of which he or she was not then the owner or lessee. It shall be an affirmative defense to such an alleged violation for the person to show that he or she had permission of the owner or lessee to so deposit the litter.
(B) Maintenance of property.
(1) Every owner, lessee or occupant of a residential, business or commercial building or real estate shall maintain litter collection and storage areas in a clean condition and ensure that all litter is containerized. Failure to so maintain clean litter collection and storage areas shall constitute a violation of this section.
(2) All litter that is subject to movement by the elements shall be secured by the owner, lessee or occupant of a residential, business or commercial building where it is found before the same is removed or carried by the elements to adjoining premises.
(3) It shall be the duty of any person owning, leasing or occupying a house or other building or premises, including vacant lots visible from any public place or private premises, to maintain the house, building or premises in a reasonably clean and orderly manner. It shall be unlawful to abandon, neglect or disregard the condition or appearance of any premises so as to permit the accumulation of litter thereon or the dispersion of litter therefrom.
(4) The owner or person in control of any public place, including, but not limited to, restaurants, shopping centers, fast-food outlets, stores, hotels, motels, industrial establishments, office buildings, apartment buildings, housing projects, gas stations and hospitals and clinics, shall, at all times, keep the premises clean of all litter and shall take measures, including daily cleanup of the premises, to prevent litter from being carried by the elements to adjoining premises. It shall be unlawful to abandon, neglect or disregard the condition or appearance of the premises so as to permit the accumulation of litter thereon or the dispersion of litter therefrom.
(5) The owner or operator of any public establishment which provides off-street customer parking and dispenses food or beverages intended for human consumption outside the establishment or off its premises shall maintain litter receptacles in the off-street parking area as follows: a minimum of one receptacle shall be provided for nine or fewer parking spaces and one additional receptacle for each additional nine parking spaces.
(6) The person owning, operating or in control of a loading or unloading dock shall, at all times, maintain the dock area free of litter in such a manner that littler will be prevented from being carried by the elements to adjoining premises.
(7) The property owners and the prime contractors in charge of any construction site shall maintain the construction site in such a manner that litter will be prevented from being carried by the elements to adjoining premises. All litter from construction activities or any related activities shall be picked up at the end of each workday and placed in containers which will prevent litter from being carried by the elements to adjoining premises.
(8) Persons owning, occupying or in control of any premises shall keep the sidewalks and alleys adjacent thereto free of litter. In residential areas, owners or occupants shall sweep or rinse off the sidewalks abutting their premises as often as may be required to keep the walk reasonably free from dirt, paper and waste.
(9) It shall be unlawful for any person who is in control of the premises upon which is located or on whose behalf there is maintained any container of refuse, water or garbage to allow that refuse, waste or garbage to remain uncollected or to allow that container to remain unemptied:
(a) More than 15 days; or
(b) Until the refuse, waste or garbage creates any condition whish is offensive to persons upon any private premises or public place.
(10) (a) It shall be unlawful for any person who has contracted to collect and remove refuse, waste or garbage from any residential, business or commercial building to allow that refuse, waste or garbage to remain uncollected or to allow a refuse container to remain unemptied:
1. More than 15 days; or
2. Until that refuse, waste or garbage creates any condition which is offensive to persons upon any private premises or public place.
(b) A violation of this division may be abated by the county in accordance with this chapter; provided also, however, that the container in question may be impounded and a lien may be executed against any property held in connection with the business of collecting refuse, waste or garbage by the person alleged to be in violation of this division.
(11) Automobile litter shall be prohibited unless the automotive vehicle or trailer is in a completely enclosed building.
(Ord. 2004-16, passed 11-8-2004) Penalty, see § 90.99