(a) Definitions. For the purpose of this section, the following terms, phrases, words and their derivatives shall be defined as follows.
(1) “Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
(2) “Litter” means garbage, refuse and rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
(3) “Park” means any 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.
(4) “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.
(5) “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 mailbox belonging or apparent to such dwelling, house, building or other structure.
(6) “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.
(7) “Refuse” means all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
(8) “Rubbish” means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, leaves, weeds, brush, shrubbery and similar materials.
(9) “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.
(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 or in private receptacles for collection.
(c) Polluting rivers. No person shall deposit any rubbish, paper, paper waste, rags or waste material of any kind in any river, stream or natural waterway or upon the banks of same.
(d) Scattering rubbish. No person shall deposit in or upon, or scatter over or upon any of the streets, parks or public grounds within the city any paper, paper waste, rags or waste material of any kind. No person who is the owner or lessee of any lot or land within the city shall deposit upon any such lot or land, or allow to be deposited thereon.
(e) Placement of litter in receptacle so as to prevent scattering. Person 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 grounds within the city.
(f) Sweeping litter into gutters prohibited.
(1) No person shall sweep into or deposit in any gutter, ditch, street or other public place within the city the accumulating of litter from any building or lot or from the public sidewalks.
(2) Nor shall any owner or tenant abutting a public thoroughfare allow or suffer to remain litter upon the adjacent public sidewalk including medians, so that litter rubbish and refuse shall not be allowed to pile up or accumulate on such public right-of-way.
(g) Merchants’ duty to keep sidewalks free of litter. No merchant or business within the city shall allow litter to accumulate, and shall clean and otherwise rid his or her premises, including sidewalks, of waste matter and litter although the same may not have been deposited by him or her, his or her agents or his or her patrons.
(h) Litter thrown by persons in vehicles. No operator or passenger in any motor vehicle shall throw or deposit litter on any public street, right-of-way, sidewalk or upon private premises while such vehicle is either stopped or in motion.
(i) Truck loads causing litter. No operator of any truck or hauling motor vehicle shall cause to be scattered on or about public or private premises or streets while in motion or stopped, any litter, refuse, mud, dirt, sticky substances or rubbish. All loads shall be secured in such a manner so as to effect compliance with this subsection.
(j) Litter in parks; lakes and fountains. No camper, spectator, participant, pedestrian, person engaged in recreational pursuit, or other person shall cause litter, rubbish or refuse to be cast, thrown, deposited or scattered in or around public parks, lakes, waterways or other public lands, except in containers and receptacles designed for such use.
(k) Litter on occupied and vacant private property; owner’s duty. Litter, rubbish or refuse shall not be cast, scattered, thrown or deposited on or about private property within the corporate limits to the detriment of public health, safety and welfare. The owner, lessees, agents or others in charge of premises within the city shall rid such lands and abutting sidewalks and medians of such nuisance or place it in an authorized receptacle. It shall likewise be unlawful for any person to dump, place or scatter litter, refuse or rubbish on or about private premises, whether such premises are vacant or inhabited.
(l) Clearing of litter from private property by city.
(1) If it appears that such conditions exist, the City Manager shall cause to be delivered or mailed to the owner of the property upon which the conditions exist a notice stating the reasons why the conditions may constitute a violation and that a hearing will be held before the City Manager at a place therein fixed, not less than ten nor more than 30 days after the delivery or mailing of the notice. The owner or any party in interest shall have the right to give evidence at the place and time fixed in the notice. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in such hearings.
(2) If a determination is made that such conditions constituting a public nuisance exist, the City Manager shall notify, in writing, the owner of the premises in question of the conditions constituting such public nuisance and shall order the prompt abatement thereof within seven days from the receipt of such written notice.
(m) Penalties. Any person violating this section shall be guilty of a misdemeanor and if found guilty of such misdemeanor, is punishable upon conviction by a fine not exceeding $50.
(Ord. passed 8-23-1989; Ord. passed 8-8-2017)