9.6.206: SIDEWALKS AND PARKING AREAS TO BE KEPT FREE OF LITTER:

   A.   It is unlawful for the owner or person in charge of a place of business or shopping area to fail or refuse to maintain in a clean and unlittered condition the sidewalk area adjacent to the shopping area or place of business and any area used by persons for automobile parking.

   B.   It is unlawful for persons owning or occupying property to fail or refuse to keep the sidewalk and driveways abutting the person's premises clean and free of litter.

   C.   It is unlawful for any person to sweep into or deposit in any gutter, street, alley or other public or private place within the City an accumulation of litter from any building or lot, or from any public or private sidewalk or driveway. (Ord. 4564; 1968 Code §§11-100.3, 11-100.4, 11-100.6; 1980 Code; Ord. 01-42)

9.6.207: BILLS; ATTACHMENT PROHIBITED:

   A.   Handbills On City Property Prohibited: It is unlawful for any person, or producer, to knowingly distribute, deposit, place, throw, scatter, cast or attach in any manner, or cause or direct the same to be done, any handbill of any kind to any property, real or personal, which is owned by the City.

   B.   Handbills On Private Property: It is unlawful for any person, or producer, to knowingly distribute, deposit, place, throw, scatter, cast or attach in any manner, or cause or direct the same to be done, any handbill of any kind to any property, real or personal, of another if notice is posted in a manner that is visible and legible which states "No Handbills", or if notice has been sent to the producer, by certified mail, return receipt requested, at least ten (10) days previously, that handbills are not welcome on the property.

   C.   Handbill: Any material in print which, in whole or in part, invites interest in or advertises a particular product, business, event or attraction; or encourages concurrence in or support of a point of view; or encourages support of or opposition to a candidate for election; or encourages support of or opposition to a ballot issue or question; or offers information of any kind. Handbills include, but are not limited to, signs, posters, flyers, notices, announcements, pamphlets or advertisements. The following are not included within the definition of handbill:

      1.   Newspapers or other printed material ordered by or sold to the owner or occupant of the premises;

      2.   Advertisements, circulars, notices or other printed material delivered by or through the United States Postal Service;

      3.   Printed communications distributed by the local, State, or Federal government;

      4.   Any printed material from utility, gas, telephone or cable companies that are presently providing service to the owner or occupant.

   D.   Producer: The person who either ordered the printing of the handbill for the person's own purposes, printed the handbill for the person's own purposes, or ordered the distribution of the handbill for the person's or her own purposes. "Producer" does not include anyone who printed the handbill, whether for a fee or not, regardless of whether the person is in the business of printing, so long as the printer did not print the handbill for the person's own purposes.

   E.   Evidence Of Producer: It shall be prima facie evidence that the individual(s) benefited by the handbill is (are) the producer(s).

   F.   Evidence Of Violation: Proof that any producer was given notice by return receipt requested at least ten (10) days previous to the distribution that handbills are not welcome, along with evidence that any handbill was distributed in violation of this section, shall be prima facie evidence that this section has been knowingly violated by the producer. (Ord. 96-26; Ord. 01-42)

9.6.208: BILLS; REQUIREMENTS FOR DISTRIBUTION:

It is unlawful for any person, or producer, to knowingly distribute, deposit, place, throw, scatter, cast or attach in any manner, or cause or direct the same to be done, any handbill of any kind to any property, real or personal, unless the matter and distribution conform in all respects to the following requirements:

   A.   Each unit or piece of the matter which does not exceed twelve inches by eighteen inches (12" x 18") shall be placed behind or under a screen or other door, or under a mat or in a way that it will not blow about the yards and streets.

   B.   Each unit or piece of the matter which is in excess of twelve inches by eighteen inches (12" x 18") must be folded, rolled, or banded and placed behind or under a screen or other door, or under a mat, or in a way that it will not blow about the yards and streets. (Ord. 96-26; Ord. 01-42)

PART 3 WEEDS

SECTION:

9.6.301: Purpose; Exclusion

9.6.302: Definitions

9.6.303: Fire Hazards

9.6.304: Traffic And Pedestrian Hazards

9.6.305: Clogging Of Drainageways

9.6.306: Failure Of Owner To Comply

9.6.307: Enforcement

9.6.308: Notice And Order

9.6.309: Appeal Of Notice And Order

9.6.310: Failure To Comply With Order To Abate

9.6.311: Lien Assessment

9.6.312: Abatement; Emergency Order

9.6.313: Additional Remedies

9.6.314: Undesirable Plant Management

9.6.315: Additional Provisions

9.6.301: PURPOSE; EXCLUSION:

The purpose of this part is to protect the public health, safety and welfare of the people of the City by eliminating and controlling, to the extent possible, the growth and proliferation of weeds within the City, which become a fire hazard, a traffic and pedestrian hazard, which clog drainageways and are designated as noxious weeds or undesirable plants.

This part does not apply to land within the City in its natural state which is overgrown with native grasses and plants. "Land in its natural state" means land which has not been disturbed by digging, scraping or plowing so as to disturb the natural growth indigenous to the area. (Ord. 82-71; Ord. 96-111; Ord. 01-42)

9.6.302: DEFINITIONS:

OWNER: Includes the owner of record, whether person, partnership, firm, corporation, or other association of persons, any authorized agent or representative of the owner of record, and any occupant of the premises.

PREMISES: A lot or portion thereof, parcel of land, building or establishment. For the purposes of any duty or obligation imposed by this part, this term includes an area extending to the centerline of any alley adjacent to a lot or portion thereof, parcel of land, building or establishment, or if no alley exists, that area including all easements of record, to and including the curb and gutter of the street on any side of the lot or portion thereof, parcel of land, building or establishment. Should there exist no adjacent private property, the premises is deemed to include the entire width of any adjacent alley.

WEED: Any plant which:

   A.   Ordinarily grows without cultivation,

   B.   Is not grown for the purpose of landscaping or food production, and

   C.   Will attain a large growth of not less than nine inches (9") in height or grows or accumulates so as to become a fire, traffic or pedestrian hazard when mature. (Ord. 82-71; Ord. 86-214; Ord. 96-111; Ord. 01-42)

9.6.303: FIRE HAZARDS:

   A.   The growth of weeds or the accumulation of cuttings, mowings or other debris, or the nonremoval of the same from premises located within the City is declared to be a fire hazard when the growth or accumulations are within fifty five feet (55') of any building or structure, and are determined to be a fire hazard by the Code Enforcement Administrator investigating the alleged violation.

   B.   It is the duty of each owner of any premises located within the City to at all times cut and mow the weeds, or remove accumulations of cuttings, mowings or other debris, which are within fifty five feet (55') of any building or structure when determined by the Code Enforcement Administrator to be a fire hazard. (Ord. 82-71; Ord. 86-214; Ord. 90-122; Ord. 96-111; Ord. 01-42)