A. Streets: No person shall throw or deposit litter in or on any street, sidewalk or other public place within the City except in public receptacles, in authorized private receptacles or in the City sanitary landfill.
B. Placing In Receptacles: Persons placing litter in public receptacles or in authorized private receptacles shall do so in such manner as to prevent it from being carried or deposited by the elements on any street, sidewalk or other public or private place.
C. Sweeping In Gutter; Cleaning Sidewalks: No person shall sweep into or deposit in any gutter, street or other public or private 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 sidewalk, planter strips and driveways abutting their premises clean and free of litter.
D. Throwing From Vehicles: No person while a driver or passenger in a vehicle shall throw or deposit litter on any private property, any street or other public place within the City.
E. Construction, Loading Of Vehicle: No person shall drive or move any truck or other vehicle within the City unless the vehicle is so constructed or loaded as to prevent its load or contents from being blown or deposited on any street, alley or other private or public place.
F. Parks: No person shall throw or deposit litter in any park within the City except in public receptacles and in such manner that the litter will be prevented from being carried or deposited by the elements on any part of the park or on any street or other private or public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere.
G. Fountains; Rivers: No person shall throw or deposit litter in any fountain, pond, river, stream or any other body of water in a park or elsewhere in the City.
H. Handbills 1 :
1. Handbills On Sidewalks; Distribution: No person shall throw, deposit or affix any commercial or noncommercial handbill in or on any sidewalk, street, or other public place within the City. Nor shall any person hand out, distribute or sell any commercial handbill in any public place.
2. Depositing Handbills In Vehicles: No person shall throw or deposit any commercial or noncommercial handbill in or on any vehicle.
3. Distribution; Residential Premises:
a. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or on residential premises which are inhabited except as provided herein. No handbill shall be placed on posted premises. In the case of inhabited premises which are not posted, the distributor, unless requested by anyone on the premises not to do so, shall have the authority to place or deposit any noncommercial handbill in or on the inhabited premises if the handbill is so placed or deposited as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public places; providing, further, that mailboxes may not be used when so prohibited by Federal postal law or regulations. No handbills shall be distributed or deposited on uninhabited property.
b. The provisions of this subsection shall not apply to the distribution of mail by the United States or to newspapers.
I. Littering From Aircraft: No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill or any other object.
J. Posting Of Notices: No person shall post or affix any notice, poster or other object to any lamppost, public utility pole or shade tree, or on any public structure or building except as may be authorized or required by law.
K. Private Property; Receptacles: No person shall throw or deposit litter on any occupied or vacant private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles in such a manner that litter will be prevented from being carried or deposited by the elements on any street, sidewalk or other public place or on any private property.
L. Premises Kept Free From Litter And Refuse: The owner or person in control of any private property shall maintain the premises free of litter and refuse; provided, that this subsection shall not prohibit the storage of litter and refuse in authorized private receptacles.
M. Disposition On Vacant Private Property:
1. The City Clerk-Treasurer is authorized to notify the owner of any open or vacant private property within the City, or the agent of the owner, to properly dispose of litter located on the owner's property. Such notice shall be by certified mail, addressed to the owner or agent at his last known address or by personal delivery.
2. On the failure, neglect or refusal of any owner or agent so notified to properly dispose of the litter within five (5) days after receipt of written notice or within ten (10) days after the date of such notice in the event the same is returned to the post office, the City Attorney is authorized to cause a complaint to be filed in the Municipal Court for violation of this provision.
N. Declaration Of Nuisance; Penalties: The littering of private property, whether it be occupied, inhabited or vacant, by any means whatsoever and the distribution of handbills, unless done pursuant to an exception or exceptions provided for in the ordinances of the City are nuisances. Nuisances defined herein may be abated by any method authorized by law or ordinance and the choice of a particular method shall not be deemed an election of remedies barring subsequent choice of another remedy or prohibiting pursuing different or inconsistent remedies simultaneously. (Ord. 1984-11, 8-7-1984)
Notes
| 1 | 1. See also Section 5-1C-4 of this Code. |