(a) No person, with respect to garbage, refuse, building materials, junk, or decaying matter of any kind, or any refuse of any description or any other thing, matter or substance which litters or tends to litter, shall negligently:
(1) Place, dump, or drop it on the property of another or on public property;
(2) When it is under his control, allow it to drop, fall or be blown, placed or dumped on the property of another or on public property.
(3) Allow it to accumulate in an unsightly or unsanitary manner on property under his control;
(4) Convey or carry through any street, square, court, lane, avenue, alley, or other public place, any liquid refuse matter or slops of any kind, unless such liquid refuse matter is conveyed in watertight wagons, carts, vehicles or vessels.
(b) Persons engaged in the repair or construction of any building in the City may occupy certain portions of a street or sidewalk upon first obtaining a permit for that purpose from the City's Chief Building Official or his/her designee. The City's Chief Building Official or his/her designee is authorized and empowered to limit in such permit the amount of space in any street or sidewalk that may be used for such purpose, and any person violating the terms of such permit shall be subject to the penalty herein provided.
(1) In the event any person causes or permits the littering of streets or alleys with dirt, mud, debris or excavating or building materials, such person shall clean and/or remove such within twenty-four hours after being notified so to do by the City Administrator, or her/his duly authorized representative.
(2) Upon failure of any person to remove such dirt, mud, debris or excavating or building materials, then cleaning service shall be rendered by the City and the person billed at the current hourly rates of the City's equipment and personnel.
(3) Failure to pay such bill within ten days shall be grounds for revocation of any and all City permits and licenses issued to such person and for refusal to issue any new permits or licenses for so long as the bill remains unpaid. An appeal shall be perfected by the filing of notice in writing of intention to appeal to the Administrator and the posting of a cash bond in the amount of the contested bill. The Administrator's decision shall be final.
(4) The littering of streets adjacent to any project for which a City permit or license was issued shall be deemed to have been caused or permitted by the permittee or licensee in the absence of proof by him to the contrary.
(c) Every person responsible for the presence in any street, alley or public place within the City of earth, gravel, brick, mortar, stone, wood, lime, plaster, cement, or other refuse from the repair, construction, or demolition of buildings, sewers, streets, or other improvements of public or private property, must remove the same, or cause it to be removed, immediately to a place of deposit designated or approved by the City Administrator or her/his representative.
(d) No person, firm or organization shall, without first obtaining the consent of the owner or occupant of the premises, scavenge, scatter, remove, or take any refuse, garbage, trash, recyclable material, or other item that has been placed at the curb of the premises or City right of way, for collection.
This provision shall not apply to any authorized employee or agent of a private firm or contractor authorized by the City to remove and dispose of such refuse, garbage, trash, or recyclable material.
(e) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 12-039. Passed 8-27-12.)