CHAPTER 94: LITTERING
Section
   94.01   Definitions
   94.02   Throwing, dropping or depositing litter upon public and private places
   94.03   Overloaded receptacles
   94.04   Accumulation of litter
   94.05   Receptacle and cover
   94.06   Litter receptacle uses
   94.07   Removal of litter receptacle
   94.08   Destruction of receptacle
   94.09   Disposition of litter
   94.10   Throwing or depositing handbills upon public or private places
   94.11   Transporting litter
   94.12   Burning within city limits prohibited
§ 94.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ASHES. Residue from materials consumed by fire.
   BLIGHT. Tall (eight inches or above) unkept grasses, weeds or undergrowth, not cultivated in the course of farming.
   DUMPOUTS. Any material emptied from a vehicle or building upon streets, roadsides or public places other than that emptied in appropriate litter receptacles.
   GARBAGE. Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
   HANDBILL. Any printed or written material (excluding newspapers) which advertises for sale any commodity, or thing, or which directs attention to any business or other activity or event of any kind.
   LITTER BAG. A bag, cask or container made of any material which is large enough to serve as a receptacle for litter inside the vehicle or watercraft of any person.
   LITTER RECEPTACLE. Those containers meeting the requirements of the Department of Natural Resources and Environmental Protection.
   LITTER, REFUSE or SOLID WASTE. All putrescible and nonputrescible solid wastes and semisolid wastes including, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities.
   NEWSPAPER. Any newspaper of general circulation as defined by general law.
   OVERLOADED LITTER RECEPTACLE. Any litter receptacle which contains an amount of litter that prevents the litter receptacle lid or cover from properly resting or placed in its closed position against the respective litter receptacle.
   PARK. A reservation, playground, beach, recreation center or any other areas in the city, devoted to active or passive outdoor recreation.
   PERSON. Any individual, industry, public or private corporation, co-partnership, association, firm or other entity whatsoever.
   PRIVATE PROPERTY. Any property not publicly-owned or held out for use by the public.
   PUBLIC PLACE. Any area that is used or held out for use by the public whether owned or operated by the public or private interests.
   SOLID WASTE. All putrescible and nonputrescible solid and semisolid wastes including garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities.
   STREET. Any highway, road, alley, collector, local, arterial or freeway within the political subdivision.
   SWEEPOUTS. Any collection of debris, resulting from clean-up operations that is deposited in or around a public place.
   VEHICLE. Every device capable of being moved upon a public street and in, upon or by which any person or property is or may be transported or drawn upon a public street, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
   WATERCRAFT. Any boat, ship, vessel, barge or other floating craft.
(1992 Code, § 96.01)
§ 94.02 THROWING, DROPPING OR DEPOSITING LITTER UPON PUBLIC AND PRIVATE PLACES.
   No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any public place in the city or upon any private place not owned by him or her, nor in any waters within the jurisdiction of this city whether from a vehicle or otherwise, except:
   (A)   When such property is designated by the state or one of its agencies for disposal of garbage and refuse and such person is authorized by the proper authority to use such property;
   (B)   Into a litter receptacle or other container in such manner than the litter will be prevented from being carried away or deposited by the elements upon any public or private property; and
   (C)   When such person is the owner or has the control or custody of the property, or has prior consent of the owner in lawful possession of the property, or unless the act is done under the personal direction of the owner or tenant, and provided the litter will not cause a public nuisance or be in violation of any state or local law, rule, regulation or ordinance.
(1992 Code, § 96.02)
§ 94.03 OVERLOADED RECEPTACLES.
   (A)   Either person owning or maintaining any real property located within the city zoned either as Residential Two Zone (R-2), Residential Three Zone (R-3), Residential Mobile Home Park Zone (RMHP), Planned Unit Development Overlay Zone (PUD), Residential Cluster Development Overlay Zone (RCD), Shopping Center Zone (SC), Neighborhood Shopping Center Zone (NSC), General Commercial Zone (GC), Professional Office Zone (PO) or Limited Service Commercial Zone (LSC) as defined in the city’s official zoning ordinance in Article X, §§ 10.10 through 10.19 shall be jointly or severally responsible for litter spreading from any overloaded litter receptacle.
   (B)   The imposition of this section upon any person owning or maintaining any real property located within the city zoned as herein related shall not preclude any person empowered to enforce this chapter from charging, serving or citing any other person under other appropriate sections of this chapter.
   (C)   This section shall be construed with § 94.02(C), so as to more narrowly restrict the exceptions as therein provided to owners, tenants, parties in control, custody or with consent.
(1992 Code, § 96.03)
§ 94.04 ACCUMULATION OF LITTER.
   (A)   The owner or person in control of any private property shall at all times maintain the premises free of litter, rubbish, refuse, garbage and blight; however, this section shall not prohibit the storage of litter, rubbish, refuse or garbage in authorized private receptacle for collection.
   (B)   Oil cans, drums, tires, discarded automobile parts or other miscellaneous items of junk shall not be permitted to accumulate or if kept or maintained, shall be so located within a primary dwelling garage or outbuilding so as not to be visible to the public view.
   (C)   No accumulation of waste paper, hay, grass, straw, litter, combustible or flammable waste or rubbish of any kind shall be permitted to remain in any courtyard, vacant lot or open space longer than 30 days, and such accumulations must be in bales or containers awaiting collection and located at least ten feet from any combustible wall, or window, or door opening of any building or structure. All free growing nondomesticated weeds, grass, vines or other growth which may be fired and thereby endanger any property, shall be cut down and removed (other than by burning) by the owner or occupant of the property.
   (D)   At the close of each day, or more often if necessary, any accumulated shavings, excelsior, rubbish, sacks, bags, litter, hay, straw or combustible trash, waste or fragments shall be removed from the premises or shall be completely baled and stacked in an orderly manner pending removal.
   (E)   Nothing in this section shall prohibit depositing of rubbish and waste materials on municipal or licensed dumps; nor shall the regulations of this section apply to waster paper or rag handling, or reclaiming plants, or similar establishments, provided the best housekeeping consistent with the nature of the operations is maintained in such plants.
(1992 Code, § 96.04)
§ 94.05 RECEPTACLE AND COVER.
   (A)   Litter receptacles shall be made of metal, plastic or plastic bags equipped with suitable handles and tight-fitting covers and shall be watertight and said receptacles shall be kept in a clean, neat and sanitary condition at all times.
   (B)   All litter receptacles used within the city shall be equipped with a lid or cover at all times so as to prevent the contents of the receptacle from being freely removed therefrom by the wind, or straying or wild animals.
   (C)   No person shall fail to replace any litter receptacle lid or cover to its closed position after having removed said receptacle cover.
(1992 Code, § 96.05)
§ 94.06 LITTER RECEPTACLE USES.
   Litter receptacles placed on sidewalks and other public places shall be used only for such litter material as persons may have for disposal while passing, and in no event shall be used for the disposal of other solid waste accumulated in residences or places of business.
(1992 Code, § 96.06)
§ 94.07 REMOVAL OF LITTER RECEPTACLE.
   (A)   The person owning or maintaining any park, beach, campground or other place open and available to the public shall be responsible for the removal of litter from litter receptacles.
   (B)   The owner or resident shall not maintain or keep litter receptacles forward of the front wall of the dwelling or building and the same shall be screened or covered so that no part thereof is visible from the street. Said screening or cover shall be water-resistant and maintained by the owner or resident in good, serviceable condition so as to maintain the same in keeping with the intent of this chapter.
(1992 Code, § 96.07)
§ 94.08 DESTRUCTION OF RECEPTACLE.
   It shall be unlawful for any person to willfully damage, deface, destroy or otherwise injure any litter receptacle.
(1992 Code, § 96.08)
§ 94.09 DISPOSITION OF LITTER.
   No person shall sweep into or deposit in any gutter, street, alley or other public place any accumulation of litter. Persons owning or occupying property shall keep the sidewalks in front of the premises free of litter.
(1992 Code, § 96.09)
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