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For the purpose of this chapter the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
(a) Aircraft means any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. Aircraft includes helicopters and lighter-than-air dirigibles and balloons.
(Ord. 1986-39. Passed 6-2-86.)
(b) Authorized private/public receptacles shall be defined as follows:
(1) Waste containers approved for residential collection by the City shall conform to the requirements set forth in Section 1060.10 of the Streets, Utilities and Public Services Code.
(2) Waste containers approved for parking lot/public collection by the City shall be of the same composition as those for residential collection. To allow for protection against vandalism, however, the seventy-pound weight limit set forth in Section 1060.10 shall not apply to this definition if the container is enclosed in any construct so as to prevent and/or deter the theft, destruction or upsetting of such container.
(Adopting Ordinance)
(c) 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 copy of any matter of literature which:
(1) Advertises for sale any merchandise, product, commodity or thing;
(2) 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;
(3) 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 paragraph 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 paragraph 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 the State or ordinance of the City; or
(4) 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.
(d) Garbage means putrescible, decaying, rotting, animal and vegetable wastes resulting from the growing, handling, storage, preparation, cooking and consumption of food, including animal and bird feeds.
(e) Litter means garbage, refuse and rubbish, as defined herein, and all other waste material, including appliances, roofing material, siding material, broken concrete, broken asphalt, bricks, drywall, tree and shrub stumps, limbs, clippings, branches and other waste building material, which, if thrown, stored or deposited, as herein prohibited, tends to create a danger to public health, safety and welfare. Litter shall not include material which is deposited pursuant to a valid permit issued by the Building Department.
(f) 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 a Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law, and, in addition thereto, means and includes any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
(g) 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 copy of any matter of literature not included in the definitions of commercial handbill and newspaper.
(h) Park means a park, reservation, playground, recreation center or any other public area in the City owned or used by the City and devoted to active or passive recreation.
(i) Person means any individual, firm, partnership, association, corporation, company or organization of any kind.
(j) Private premises or 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 includes any yard, grounds, walk, driveway, sidewalks and abutting property between the property line and the curb line or any porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
(k) 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.
(l) Refuse means all putrescible and nonputrescible solid wastes, except body wastes, including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
(m) 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.
(n) Vehicle means every device in, on or by which any person or property is or may be transported or drawn on a highway, including devices used exclusively on stationary rails or tracks.
(Ord. 1986-39. Passed 6-2-86.)
(a) 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 private receptacles for collection.
(Ord. 1986-39. Passed 6-2-86.)
(b) Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for any subsequent offense. The penalty shall be as provided in Section 698.02.
(a) 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.
(Ord. 1986-39. Passed 6-2-86.)
(b) Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for any subsequent offense. The penalty shall be as provided in Section 698.02.
(a) No person without authority shall upset, damage, tamper with or destroy 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 any public place or private premises.
(Ord. 1986-39. Passed 6-2-86.)
(b) Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for any subsequent offense. The penalty shall be as provided in Section 698.02.
(a) 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 premises free of litter.
(Ord. 1986-39. Passed 6-2-86.)
(b) Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for any subsequent offense. The penalty shall be as provided in Section 698.02.
(a) 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 their business premises free of litter.
(Ord. 1986-39. Passed 6-2-86.)
(b) Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for any subsequent offense. The penalty shall be as provided in Section 698.02.
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