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(a) It is the intent of this Section to ensure that public areas are kept clean and free from litter.
(b) Any person, firm or corporation operating a grocery store, a liquor store or an establishment selling food or beverages for consumption off the premises shall place and maintain a litter receptacle outside of each exit from said premises for the use of the patrons thereof during business hours; provided, however, that a person, firm, or corporation is not required under this Section to place and maintain a litter receptacle outside each exit if that person, firm, or corporation places and maintains a set of three containers for recyclables, compostables and trash for use by customers and visitors as specified in Chapter 19 of the Environment Code.
(c) Any person, firm, corporation, or property owner operating a place of employment shall provide and maintain adjacent to the place of employment sufficient ashtrays or other receptacles for the disposal of cigarettes, cigars, and other similar combustible products used by employees and patrons who smoke. The Director of Public Works shall authorize the placement of such ashtrays or other receptacles in the public right-of-way where necessary.
(d) The design, capacity, location, and number of ashtrays and receptacles shall be prescribed by the Director of Public Works. Decals may be placed upon said receptacles subject to the limitations set forth in Section 171 of this Article.
(e) The receptacle shall be emptied when full and at the close of business each day and the contents thereof shall be stored or set out for collection in the same manner as other refuse generated in the operation of the business. Each receptacle shall be maintained in a clean and sanitary condition.
(f) Violation of this Section shall constitute an infraction and shall be punishable by a fine of not less than $80 nor more than $100; for a second offense by a fine not less than $150 nor more than $200; and for each additional offense by a fine not less than $250 nor more than $500. In the alternative, an administrative penalty not to exceed $250 may be assessed for each violation. Such penalty shall be assessed, enforced and collected in accordance with Section 39-1 of the Police Code.
(Added by Ord. 32-78, App. 1/13/78; amended by Ord. 197-98, App. 6/19/98; Ord. 227-99, File No. 990822, App. 8/13/99; Ord. 87-03, File No. 030482, App. 5/9/2003; Ord. 100-09, File No. 081404, App. 6/23/2009)