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Lovington, NM Code of Ordinances
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8.16.150   Gutters and sidewalks— Responsibility of merchants.
   A.   No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter or accumulated dirt from any building or lot or from any public or private sidewalk or driveway.
   B.   Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter and accumulated dirt.
   C.   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.
   D.   Persons owning or occupying places of business within the city shall keep the sidewalks in front of, or adjacent to, their premises, including public and private parking lots, free of litter. If the amount of litter in such areas amount to a nuisance due to odors or eyesore characteristics, the designated representative of the city manager shall notify the person in charge to provide adequate approved litter receptacles located so as to be convenient to the patrons of the place of business and/or to parking areas. The person in charge of the business shall be responsible for emptying the containers as often as is necessary to prevent their becoming a nuisance. (Ord. 342(part), 1987: prior code §§ 4-5-7, 4-5-8)
8.16.160   Shopping centers and other public places.
   A.   Shopping centers operated for public use shall contain receptacles to be located along pedestrian travel routes normally taken by persons using the facility. The number and placement of receptacles shall be determined by the operator or group responsible for the operation of the facility; except that no less than one receptacle shall be placed at each shopping center.
   B.   The following places shall also be required to have receptacles:
      1.   Parks;
      2.   Campgrounds;
      3.   Drive-in restaurants;
      4.   Quick service refreshment stands;
      5.   Construction sites;
      6.   Gasoline service stations;
      7.   Sidewalks in business districts;
      8.   Public buildings, including schools;
      9.   Sporting events, fairgrounds, carnivals and other similar events where the public is invited. (Ord. 342 (part), 1987: prior code § 4-5-9)
8.16.170   Lakes, parks and vacant lots.
   A.   No person shall throw or deposit litter in any fountain, pond, lake, stream, or any other body of water in a park or elsewhere within the city.
   B.   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 be prevented from being 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 in this chapter.
   C.   No person shall throw or deposit litter on any open or vacant private property within the city whether owned by such person or not. (Ord. 342 (part), 1987: prior code §§ 4-5-12, 4-5-13, 4-5-22)
8.16.180   Litter or dirt from trucks.
   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 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. (Ord. 342 (part), 1987: prior code § 4-5-10)
8.16.190   Litter thrown from 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. (Ord. 342 (part), 1987: prior code § 4-5-11)
8.16.200   Litter from airplanes.
   No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object. (Ord. 342 (part), 1987: prior code § 4-5-24)
8.16.210   Handbills.
   A.   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 or distribute or sell any commercial handbill in any public place; provided, however, that it is not unlawful on any sidewalk, street, or other 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.
   B.   No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it is not unlawful in any public place for a person to hand out or distribute without charge to the receiver there of, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
   C.   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.
   D.   No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing", "No Peddlers or Agents", "No Advertisement," or any similar notice, indicating in any matter that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises.
   E.   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. Mailboxes may not be so used when so prohibited by federal postal law or regulations. The provisions of this subsection shall not apply to the distribution of mail by the United States, nor to newspapers (as defined in this chapter) 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. (Ord. 342 (part), 1987: prior code §§ 4-5-14—4-5-18)
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