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A. Permission To Store Or Dispose: It shall be unlawful for any person to dispose of or to store any and all garbage, refuse, rubbish or offal in any place within the Village limits without first having obtained the permission of the Village Board. (1982 Code § 3-4-5; amd. 2016 Code)
B. Container Specifications And Requirements:
1. Requirements for single-family dwelling units and multi-family dwellings of less than five (5) units are as follows:
a. Every dwelling and building, residential or otherwise, must have a litter or garbage container of sufficient number and capacity to accommodate and contain all litter and garbage generated and accumulated on the outside of the dwelling or building. Owner(s)/occupant(s) shall supply and maintain, at all times, a ratproof and watertight container for all litter or garbage being stored or accumulated outside of said dwelling.
b. It shall be the responsibility of every occupant to keep containers, whether they are garbage cans, dumpsters or other containers, tightly covered or sealed, except when momentarily opened to receive or remove litter.
c. It shall be the duty of every occupant to place litter or garbage containers for collection either on the alley lot line or on the curb line of the premises at such times and in such manner as the Village may direct, but they shall not be placed in any alley or street.
2. Requirements for multi-family dwellings with five (5) or more dwelling units and nonresidential buildings are as follows:
a. The owner(s) must provide a ratproof and watertight dumpster for all litter. However, if this requirement cannot be met because the nature or size of the property does not permit the placement or removal of a dumpster, the owner(s) may petition the Village Board for an exception; provided, that such exception can be granted without substantial detriment to the public good and without impairing the general purpose and intent of this chapter.
b. The owner(s) or his agent or occupant(s) must keep containers, whether they are garbage cans, dumpsters or other containers, tightly covered or sealed at all times, except when momentarily opened to receive or remove litter.
c. It shall be the duty of the owner(s) or his agent or occupant(s) to place containers for litter either on the alley lot line or on the curb line of the premises at such times and in such manner as the Village may direct.
C. Tampering With, Damage To Containers: It shall be unlawful for any person, other than the owner(s) or his agent, occupant(s), tenant(s) or members of their families, or a scavenger employed or licensed by the Village, to deposit any article, substance or thing in any container for garbage, rubbish, refuse, ashes or wastes, or to remove, displace, injure, deface, destroy, uncover or in any manner disturb such container or any litter that is placed on the alley lot line or curb line for collection. (2016 Code)
A. Public Places:
1. No person shall paste, post, paint, nail or otherwise fasten any handbill, sign, poster, advertisement or notice of any kind whatsoever, or cause the same to be done, on any curb, or any portion or part of any sidewalk or street, or upon any tree, lamppost, telephone pole, electric pole, hydrant or any other structure within the limits of any street in the Village except such as may be required by law and the ordinances of the Village.
2. No person shall throw or deposit any commercial or noncommercial handbill upon any sidewalk, street or other public place within the Village; nor shall any person hand out, 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 Village for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
B. Private Property:
1. No person shall paste, post, paint, print, nail or otherwise fasten any handbill, sign, poster, advertisement or notice of any kind, or cause the same to be done, upon any private wall, window, door, gate, fence, advertising board or sign, or upon any other private structure or building, unless he is the owner, agent or lessee thereof, without the consent, in writing, of the owner of such wall, window, fence, gate, advertising board or sign or other private building or structure.
2. No person shall throw or deposit any commercial or noncommercial handbill upon any private premises which is temporarily or continuously uninhabited or vacant. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which is 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, such person, unless requested by anyone upon such premises not to do so, shall have the authority to 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.
C. 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. (2016 Code)
A. Nuisance Weeds: Any weeds such as jimson, burdock, ragweed, thistle, cocklebur, or other weeds of a like kind found growing in any lot or tract of land in the Village are a nuisance, and it is unlawful to permit any such weeds to grow or remain in any place.
B. Height Of Vegetation: It is unlawful for anyone to permit any weeds, grass or plants, other than trees, bushes, flowers, or other ornamental plants, to grow to a height exceeding eight inches (8") anywhere in the Village. Any such plants or weeds exceeding such height are a nuisance.
C. Overgrown Trees Or Shrubbery: It is unlawful for any person within the corporate limits of the Village to permit branches of trees or shrubbery growing upon premises owned or occupied by any person to grow over or across any public walk or street in the Village below ten feet (10'). (2016 Code)
D. Growth Prohibited: It shall be unlawful for any person owning, leasing, occupying or controlling any plot of ground in the Village to permit the growth of weeds thereon. No person shall permit the growth of weeds in the sidewalk and Village right-of-way in front of and/or surrounding their premises. It shall further be unlawful for any owner, person, association, firm or organization owning or occupying real property bordering on any street, alley, roadway, parkway or waterway in the Village to permit the growth of weeds on any such street, alley or ways. (Ord. 18-520, 10-15-2018, eff. 10-25-2018)
A. The owner or person in control of any private premises or vacant property shall at all times maintain the private premises or vacant property free of litter, tall grass, trees, bushes, shrubs, weeds and brush on abutting street right-of-ways and easements in order to prevent unsafe, unsightly, offensive or nuisance conditions in the City of San Jose. Provided, however, that this subsection shall not prohibit the storage of litter in authorized private receptacles for collection.
B. No person owning, leasing, occupying or having charge of any premises shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner causing substantial diminution in the value of other property in the neighborhood in which such premises is located.
(2016 Code; amd. Ord. 23-004, 7-17-2023)
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