527.02 LITTER.
   (a)   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 or in authorized receptacles for collection.
   (b)   Placement of Litter in Receptacles to Prevent Scattering. Persons placing litter in public receptacles or in 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.
   (c)   Upsetting Public or Private Receptacles. No person shall upset a public or private receptacle designed or used for the deposit of litter or cause or permit its contents to be deposited or strewn in or upon public or private property.
   (d)   Sweeping Litter into Gutters Prohibited. No person shall throw, deposit or sweep into any gutter, sidewalk, 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, in control of or occupying property shall keep all sidewalks and street gutters abutting their premises free of litter.
   (e)   Duty to Keep Sidewalks Free of Litter. 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. Any person, being the owner, agent, lessee, occupant or person otherwise in charge or control of any premises abutting a City street, shall, after notification by a police officer or litter control manager or agent, remove, with reasonable promptness, from the sidewalk area along such premises, all debris, rubbish, litter and other matter which may at any time accumulate or be deposited thereon from any cause whatever.
   (f)   Litter Thrown by Persons in Vehicles.
      (1)   No operator or occupant of a motor vehicle shall, regardless of intent, throw, drop, discard or deposit litter from any motor vehicle in operation upon any street, road, or highway, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.
      (2)   No operator of a motor vehicle in operation upon any street, road or highway shall allow litter to be thrown, dropped, discarded or deposited from the motor vehicle, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.
   (g)   Truck and Vehicle Loads Causing Litter. No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed and loaded as to prevent any load, contents or litter from being thrown or deposited upon any street, alley or other public place. No person, being the owner, driver or other person in charge of a vehicle hauling excavated material, coal, coke, construction or building materials, or other materials within the City shall permit any part of such material to fall or drop or be blown therefrom on a City street, alley or other public place. When a vehicle carries trash, sawdust, ashes, cinders, sand, earth, lime, manure or other substance liable to be blown away, the owner, driver or other person in charge thereof shall, before driving or operating it on any street, alley or other public place, cause such substance or substances to be completely covered with a canvas, duck or other substantial covering in such manner that the same cannot fall or be blown from such vehicle.
   (h)   Tracking Mud, Dirt or Other Substances on Streets. No person shall operate on any street, alley or other public place a vehicle with mud, dirt, sticky substances, litter or foreign matter on its wheels or other parts if such operation results in the depositing or tracking of such mud, dirt, substances, litter or foreign matter on any street, alley or other public place. No person being the owner of real property or a prime contractor in charge of a construction site shall maintain such property or construction site so that vehicles upon the property or construction site pick up mud, dirt, sticky substances, litter or foreign matter on the wheels or other parts and deposit or track the mud, dirt, sticky substances, litter or foreign matter onto any street, alley or other public place.
   Where mud, dirt, sticky substances, litter or foreign matter has been tracked or deposited on any street, alley or other public place in violation of this subsection or subsection (g) hereof, the Director of Public Service is authorized to cause such mud, dirt, substances, litter or foreign matter to be cleaned from such street and to charge the cost thereof to the person or persons responsible. The cost of cleaning shall be collected by civil suit. The term "responsible person" as used in this subsection shall mean the driver of the vehicle which deposited or tracked the mud, dirt, substances, litter or foreign matter on the street or the driver's employer or the owner of the real property or prime contractor in charge of a construction site from where the deposited or tracked mud, dirt, substances, litter or foreign matter on the street, alley or other public place originated.
   (i)   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 shall 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 herein.
   (j)   Litter in Ponds and Fountains. 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.
   (k)   Throwing or Distributing Handbills in Public Places. 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 shall not be 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.
   (l)   Placing Handbills on Vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. Provided, however, that 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.
   (m)   Depositing 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.
   (n)   Prohibiting Distribution of Handbills Where Posted. 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 manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or have any such handbills left upon such premises.
   (o)   Distributing Handbills at Inhabited Private Premises.
      (1)   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. Provided, however, that in case of inhabited private premises which are not posted, as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
      (2)   The provisions of this subsection 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.
   (p)   Posting Notices Prohibited. No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law.
   (q)   Litter on Occupied Private Property. No person shall throw or deposit litter on 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 shall be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
   (r)   Owner to Maintain Premises Free of Litter. The owner or person in control of any private property shall at all times maintain the premises free of litter. Provided, however, that this subsection shall not prohibit the storage of litter in authorized private receptacles for collection.
   (s)   Litter on Vacant Lots. 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. 13-2010. Passed 3-23-10.)