Sections:
Article I. General Provisions
8.16.010 Definitions.
8.16.020 Burning not permitted.
8.16.030 Violation—Penalties.
Article II. Garbage Collection
8.16.040 Refuse containers—Use required.
8.16.050 Containers—Provided by service provider or landlord.
8.16.060 Preventing trash from scattering.
8.16.070 Maintaining sanitary conditions.
8.16.080 Materials prohibited in litter containers—Yard waste.
8.16.090 Authorization to use containers.
8.16.100 Placing container in right-of-way prohibited.
8.16.110 Collection—Fee schedule—Deposits due and payable—Automatic price adjustments.
8.16.120 Delinquent accounts— Penalties.
Article III. Weeds and Grass
8.16.130 Property owner responsible for weed and grass control.
8.16.131 Notice to owner, lessee or occupant.
8.16.132 Removal of weeds or grass by city—Lien.
8.16.133 Approved methods of weed control.
Article IV. Litter
8.16.140 Littering prohibited
8.16.150 Gutters and sidewalks— Responsibility of merchants.
8.16.160 Shopping centers and other public places.
8.16.170 Lakes, parks and vacant lots.
8.16.180 Litter or dirt from trucks.
8.16.190 Litter thrown from vehicles.
8.16.200 Litter from airplanes.
8.16.210 Handbills.
8.16.220 Posting notices prohibited.
8.16.230 Private property—Duty of owner.
8.16.240 Private property— Notice to abate—Lien.
8.16.250 Enforcement—Sanitary officer—Police.
Article I. General Provisions
For the purposes of this chapter the following terms, phrases, words, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
"Aircraft" means any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter than air dirigibles and balloons.
"Authorized private receptacle" is a litter storage and collection receptacle as required and authorized in the city.
"City" means the city of Lovington.
"Commercial handbill" means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature which:
1. Advertises for sale any merchandise, product, commodity, or thing; or
2. Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
3. Which 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; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this state, or under any ordinance of this city; or which, 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.
"Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
"Litter" means "garbage," "refuse," and "rubbish," as defined in this section and all other waste material which, if thrown or deposited as prohibited by this chapter, tends to create a danger to public health, safety and welfare.
"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; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
"Noncommercial handbill" means any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
"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.
"Person" means any person, firm, partnership, association, corporation, company or organization of any kind.
"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 shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mail box belonging or appurtenant to such dwelling, house, building, or other structure.
"Public place" means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
"Refuse" means all putrescible and non-putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
"Rubbish" means nonputrescible solid wastes consisting of both combustible and noncombusdble wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
"Shopping centers" means a group of buildings in which goods and/or services are sold or rented, the buildings being arranged as a group or unit with a common offstreet parking area or areas available or provided for customers or patrons. The various buildings and parking lot or lots are usually owned or managed by one person but not necessarily owned or managed by one person.
"Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. (Ord. 342 (part), 1987: prior code § 4-5-2)
It is unlawful for any person to burn refuse of any nature whatsoever, grass cuttings, leaves, lawns, weeds, sheds, buildings or structures, trees or shrubbery on any of the public streets or alleys or highways or on any lot within the city which shall pollute the atmosphere of the city in any manner whatsoever without first obtaining and meeting the conditions of an approved burn permit from the bureau of fire prevention. Nothing in this section shall be construed to prohibit outdoor cooking or barbecuing or fireplace burning. (Ord. 342 (part), 1987: prior code § 4-5-26)
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty dollars for the first offense and not less than thirty dollars for subsequent offenses. Each day such violation is committed, or each day the violation is permitted to continue shall constitute a separate offense and shall be punished as such. (Ord. 345, 1987: Ord. 342 (part), 1987: prior code § 4-5-31)
Article II. Garbage collection
All garbage, litter, refuse, waste and undesirable matter created, accumulated or produced shall be deposited in containers of service provider authorized by the city and of appropriate size and design. Said containers shall be located at places required or authorized by the city. Such containers shall be located and maintained in such manner as to foreclose prohibited matter from escaping from the container by wind, collision or by tipping over. (Ord. 368 (part), 1992: Ord. 342 (part), 1987: prior code § 4-5-3)
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