(A) Prohibition. In accordance with the provisions of the state general statutes, no person shall throw (including, but not limited to, throwing from a vehicle), scatter, spill or place or cause to be blown, scattered, spilled, thrown or placed, or otherwise dispose of any litter upon any public property, private property not owned by him or in the waters of the city (including, but not limited to, any fountain, pond, stream or bay); the public or private property of the city shall include, but not be limited to, any public highway, public park (as further set forth in § 98.18), beach, campground, forest land, recreational area, private residential, commercial or industrial purposes open or vacant private property, mobile manufactured home park, highway, road, street or alley except:
(1) When the property is designated for the disposal of garbage and refuse and the person is authorized to use the property for such purpose;
(2) Into a litter receptacle in such a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of the private or public property or waters.
(B) Additional prohibitions. The following actions shall constitute a violation of this chapter:
(1) Driving or moving any truck or other vehicle within the city unless the vehicle is so constructed or loaded or covered as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place;
(2) Throwing out, dropping or depositing within the city any litter, handbill or other object from an aircraft;
(3) Posting or affixing any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree, or upon any public equipment or structure or building, except as may be authorized or required by law;
(4) Failing to control litter on private property, by the owner, tenant or person in charge of such property, so as to keep it from being blown by the elements upon the sidewalk, street or other private property. In the event litter is blown from the property onto adjacent public or private property, the owner, tenant or person in control of the property shall be responsible for clearing the litter from the adjacent public or private property;
(5) Sweeping into or depositing (whether by any person or person owning or occupying a place of business) 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. Any materials used to combat the existence of ice and snow on streets and sidewalks used for public travel shall not be considered litter. Accordingly:
(a) Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter; and
(b) Persons owning or occupying places of business within the city shall keep the sidewalk in front of their business premises free of litter.
(6) Failing to maintain (by the owner or person in control of any private property), at all times, the premises free of litter; provided that, this section shall not prohibit the storage of litter in authorized private receptacles for collection;
(7) Throwing or depositing any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city; or distributing or selling any commercial handbill in any public place; provided that, it shall not be unlawful on any sidewalk, street or other public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it;
(8) Throwing or depositing or placing any commercial or noncommercial handbill in or upon any vehicle; provided 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;
(9) Throwing, depositing or distributing any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon the private premises; provided that, in case of inhabited private premises which are not posted, as provided in this chapter, the person, unless requested by anyone upon the premises not to do so, may place or deposit any such handbill in or upon the inhabited private premises, if the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the 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;
(10) The provisions of divisions (B)(7) through (9) above shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein); except that, newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property;
(11) Throwing or depositing or attaching any commercial or noncommercial handbill in or upon any private premises that are temporarily or continuously uninhabited or vacant; and/or
(12) Throwing, depositing or distributing any commercial or noncommercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing", "No Peddlers or Agents", "No Advertisement", "Post No Bills" or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon the premises.
(C) Placement of refuse along curb for scheduled removal. The owner or person in charge of any private property shall place refuse, along the curb, for any regularly or specially scheduled pickup by the Department of Public Works, no earlier than 24 hours prior to the pickup. Any such refuse shall be so placed as to prevent it from being removed from, its location of placement and distributed, blown, scattered or deposited by any means whatsoever, including, but not limited to, the elements or the actions of animals, upon any street, alley or other public or private property.
(D) Fine. Any person who violates any provision of divisions (A), (B) and (C) of this section shall be fined as set forth in the schedule of fees, charges, penalties and rewards attached to the annual budget of the city, pursuant to § 41.11 of this code and as authorized by the state general statutes, which funds shall be collected by the city and deposited into the general fund, unless a special fund is otherwise designated by the Board of Aldermen.
(E) Prima facie offense. When any such material or substances are thrown, blown, scattered or spilled from a vehicle, the operator thereof shall be deemed prima facie to have committed such offense.
(F) Issuance of citations. Any police officer or other person authorized by the Mayor may issue a citation to any person who commits violation of divisions (A) and (B) above.
(G) Citation hearing procedure. Citations for violations of this section shall be issued, administered and enforced in accordance with the provisions of § 131.60 below.
(Ord. passed 9-20-2004; Ord. passed 8-19-2013)