For the purposes of this Chapter only, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
A. "Aircraft" means any contrivance now known or hereafter invented, used, or designed for navigation or for flight in the air. "Aircraft" shall include helicopters, lighter-than- air powered craft, and balloons.
B. "City" means the City of San Bernardino.
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 copies of any matter of literature:
1. Which advertises for sale any merchandise, product, commodity, or thing; or
2. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
3. Which 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 clause 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 taken 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 clause 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 this State, or under any ordinance of this City; or
4. Which, while containing reading matter other than advertising matter, is predominately 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 and includes table refuse, swill, and offal, and every accumulation of animal, vegetable and other matter that attends the preparation, consumption, decay or dealing in or storage of meat, fish, fowl, fruit and includes all animal and vegetable refuse from kitchens and all household waste that has been prepared from or intended to be used as food, or has resulted from the preparation of food and also includes all vegetable trimmings from markets or stores. Articles and things not hereinbefore enumerated are not included in the term "garbage": dead animals over five pounds in weight, dish or waste water, paper and other combustible or inflammable material, crockery, glass, cans, tins, ashes, wire and sweepings and like materials.
E. "Litter" means garbage, refuse, and rubbish, as defined in this section, and including, but not limited to, animal excrement, and in addition, all other waste material, if thrown or deposited as prohibited in this chapter, which tends to create a public nuisance.
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 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, and any current periodical or newspaper which has not been adjudicated as a newspaper of general circulation pursuant to Government Code, Division 7, Chapter 1, but which is nevertheless printed, published, and circulated at regular daily, weekly or monthly periods and which devotes at least fifteen percent of its printed matter to news subjects.
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 copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
H. "Park" means any public area, owned or used by the City, devoted to active or passive recreation, including, but not limited to, a reservation, playground, recreation center or any other public area in the City.
I. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.
J. "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 appurtenant to such dwelling, house, building, or other structure.
K. "Refuse" means all putrescible and nonputrescible solid wastes, except body wastes, including but not limited to, garbage, rubbish, ashes, residue from street cleaning, dead animals, abandoned automobiles, and solid market and industrial wastes.
L. "Rubbish" means nonputrescable solid wastes consisting of both combustible and noncombustible wastes, including but not limited to, paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, wood, glass, plastic, cloth, bedding, crockery, and similar materials."
(Ord. MC-1194, 5-03-05; Ord. 2747, 5-24-66; Ord. 2732, 4-05-66)