652.05  LITTERING AND DISTRIBUTION OF HANDBILLS.
   (a)   Definitions. As used in this section:
      (1)   "Commercial handbill" means any printed or written matter, sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copy of any matter or literature, which:
         A.   Advertises for sale any merchandise, product, commodity or thing;
         B.   Directs attention to any business, mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales;
         C.   Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; or
         D.   While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
      (2)   "Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
      (3)   "Litter" means garbage, refuse and rubbish and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
      (4)   "Newspaper" means any newspaper of general circulation, as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer, as provided by general law. In addition thereto, "newspaper" means and includes any periodical or current magazine published in not less than four issues per year and sold to the public.
      (5)   "Noncommercial handbill" means any printed or written matter, sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature not included in the aforesaid definitions of commercial handbill or newspaper.
      (6)   "Park" means a park, reservation, playground, beach, recreation center or any other public area in the City owned or used by the City and devoted to active or passive recreation.
      (7)   "Private premises" means any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and including any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
      (8)   "Refuse" means all putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned vehicles and solid market and industrial wastes.
      (9)   "Rubbish" means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
   (b)   Litter in Public Places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City except in public receptacles, in authorized private receptacles for collection or in official City dumps.
   (c)   Placement of Litter in Receptacles. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
   (d)   Sweeping Litter Into Gutters; Duty to Keep Sidewalks Clean.
      (1)   No person shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
      (2)   No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the City shall keep the sidewalks in front of their business premises free of litter.
   (e)   Litter Thrown by Persons in Vehicles. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the City or upon private property.
   (f)   Truck Loads Causing Litter. No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded as to prevent any part of the load, contents or litter from being blown or deposited upon any street, alley or other public place, nor shall any person drive or move any vehicle or truck within the City the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.
   (g)   Litter in Parks. No person shall throw or deposit litter in any park within the City except in public receptacles and in such a manner that the litter will not be carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
   (h)   Litter in Lakes, Streams and Fountains. No person shall throw or deposit litter in any fountain, pond, lake, stream or other body of water in a park or elsewhere within the City.
   (i)   Distributing Handbills. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City, nor shall any person hand out, distribute or sell any commercial handbill in any public place. However, it shall not be unlawful on any sidewalk, street or public place within the City for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
   (j)   Placing Handbills on Vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon a vehicle. However, it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
   (k)   Handbills on Uninhabited or Vacant Premises. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
   (l)   Distributing Handbills at Inhabited Private Premises. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises.
   (m)   Exemption for Mail and Newspapers. The provisions of subsections (a) through (l) hereof and subsections (n) through (s) hereof shall not apply to the distribution of mail by the United States, nor to newspapers, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
   (n)   Dropping Litter from Aircraft. No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill or any other object.
   (o)   Posting Notices Prohibited. No person shall post or affix any notice, poster or other paper device, calculated to attract the attention of the public, to any lamppost, public utility post or shade tree, or upon any public structure or building, except as may be authorized or required by law.
   (p)   Litter on Occupied Private Property. No person shall throw or deposit litter on any occupied private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will not be carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
   (q)   Responsibility of Owners and Occupants. The owner, as well as the occupant, which includes the person in control of any private property, shall at all times maintain the premises free of litter. However, this subsection does not prohibit the storage of litter in authorized private receptacles for collection. It shall be the responsibility of the owner, as well as the occupant or person in control of such premises, to provide for the emptying of such private receptacle at least once each week.
   (r)   Litter on Vacant Lots. No person shall throw or deposit litter upon any open or vacant private property within the City, whether owned by such person or not.
   (s)   Clearing of Litter from Private Property by City. The presence of litter on any property or premises in the City that is not in compliance with this section is hereby declared to be a nuisance, and the City Manager is authorized to abate the same in accordance with Section 652.02. The cost thereof may be assessed against the property and collected according to law. Where any premises or property is occupied and investigation reveals the arrangements for the disposal of litter from such premises fail to comply with the requirements of this section, the City Manager is hereby authorized, after notice as provided in Section 652.02, to arrange for the regular disposal of litter from such premises at least once each week during such periods of time as such premises are occupied, and the cost of such removal shall be assessed against the property and collected according to law.
(Ord. 828.  Passed 11-9-09.)