(A) Definitions. The following definition shall apply to this section.
LITTER. Any garbage, refuse, rubbish, or other waste material.
SOLICITED PRINTED MATTER. Any printed matter that is delivered to any person or residential private property with the express invitation or permission in writing or otherwise, of the person or an owner, occupant, or lessee of the residential private property.
UNSOLICITED PRINTED MATTER. Any printed matter that is delivered to any person or residential private property without the express invitation or permission, in writing or otherwise, of the person or an owner, occupant, or lessee of the residential private property.
(B) Scattering posters and handbills, printed matter. It shall be unlawful for any person to throw, scatter or deposit any posters, handbills, cards or other written or printed matter or any waste paper in any public street, alley or public place, nor shall any person leave or deposit the same on any private property in such a manner as to permit them to be blown onto any public street, alley or public place.
(C) Distributing solicited printed matter and unsolicited printed matter.
(1) Solicited printed matter.
(a) Except as otherwise provided in this section, no person shall cause solicited printed matter to be thrown or deposited upon any sidewalk, street, portion of the street commonly referred to as the "lawn extension," public park, or other public place.
(b) It shall not be unlawful for a person to:
1. Deposit solicited printed matter into a receptacle that is attached to a mailbox post or support but separate from the mailbox and that is located in that portion of the street commonly referred to as the "lawn extension."
2. Deposit solicited printed matter into a receptacle on the sidewalk into which the person is authorized to deposit it to make copies available to the public and which is lawfully located on the sidewalk.
3. Hand out or distribute solicited printed matter to any person willing to accept it.
4. Cause solicited printed matter to be thrown or deposited upon that portion of residential private property that is not a sidewalk, street, or "lawn extension" if the delivery of the printed matter is made pursuant to an express invitation or permission for delivery.
(2) Unsolicited printed matter.
(a) No person shall cause unsolicited printed matter to be deposited upon any residential private property except by (i) placing and securing it on the porch nearest the front door; (ii) attaching it securely to the front door; (iii) putting it through a mail slot on the front door;(iv) putting it between the exterior front door and the interior front door; or (v) handing it personally to the owner, occupant or lessee of the residential private property.
(b) No person shall cause unsolicited printed matter to be thrown or deposited upon any sidewalk, street, the portion of the street commonly referred to as the "lawn extension," public park or other public place.
(c) No person shall cause unsolicited printed matter to be placed upon, attached to, or hung from a mailbox or any apparatus that supports the mailbox.
(d) It shall not be unlawful for a person to:
1. Deposit unsolicited printed matter into a receptacle on the sidewalk into which the person is authorized to deposit it and which is lawfully located on the sidewalk.
2. Hand out or distribute unsolicited printed matter to any person willing to accept it.
(3) Rebuttable presumption. When solicited or unsolicited printed matter is in a location where it is prohibited, a rebuttable presumption arises that the person who published or distributed it or on whose behalf it is published or distributed caused it to be thrown or deposited there.
(D) Owner to maintain property free of litter, unsolicited printed matter and solicited printed matter. The owner or person in control of private property shall at all times maintain the property free of litter, and more than 3 days accumulation of unsolicited printed matter and solicited printed matter, provided, however, that this section shall not prohibit the storage of litter, unsolicited printed matter, or solicited printed matter in authorized private receptacles for collection.
(E) Enforcement and penalty for violation of this chapter.
(1) Clearing of litter, unsolicited printed matter and solicited printed matter from private property by the city. Whenever private property is in a condition in violation of this chapter/section, the Administrator is authorized to remove the litter, unsolicited printed matter, or solicited printed matter. Before removing materials pursuant to this section, the city shall give notice of violation. The city shall give notice of violation by posting the notice at a conspicuous place on the property at least 24 hours prior to removing materials. The city may also deliver the notice to the property owner as shown on assessment records or by sending the notice by first-class mail to the property owner as shown on assessment records at least 72 hours prior to removing materials. No notice shall be required if a public health hazard necessitates immediate removal of materials. All costs (including labor, equipment, materials, disposal and overhead) of work performed by the city under this section shall be charged to the owner of the involved property. If the charges are not paid within 45 days, they may be assessed against the property.
(2) Violation as civil infraction. Violation of this chapter shall be a civil infraction punishable by a civil fine of not less than $200 and up to $1,000, plus costs and all other remedies available by statute. Each day of violation shall be a separate violation.
(Ord. 2019-4-91.05, passed 4-15-2019)