(a) No person shall remove, burn, overturn or tamper with any rubbish, garbage or the container therefor, when such rubbish, garbage or container is set out on a public street or highway, sidewalk or alley, or on private premises, and when such rubbish, garbage or container is placed there for the purpose of collection. This provision shall not apply to any employee of the Department of Public Service or any of its fully authorized agents or to a private person or organization authorized to remove such rubbish, garbage or container.
(b) As used in this section:
(1) “Street” and “highway” mean the entire width between the boundary lines of every way open to the use of the public as a thoroughfare for purposes of vehicular traffic.
(2) “Sidewalk” has the same meaning given in Section 301.37 of these Codified Ordinances.
(3) “Alley” has the same meaning given in Section 301.03 of these Codified Ordinances.
(4) “Private premises” means all structures, and the lots or land upon which they are located, owned by an individual, partnership, association, company, church or corporation, whether occupied or not.
(5) “Rubbish” means combustible and noncombustible materials, except garbage. “Rubbish” shall include, but not be limited to, the following: wood, coal, coke and other combustible materials and their residue, paper, rags, clothing, cartons, boxes, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, glass, crockery, mineral matter, items containing any type of metal, stoves, refrigerators, televisions, radios, household appliances and any other similar items.
(6) “Garbage” means animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(c) Whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor and shall be fined not less than $150 for a first offense; for a second offense, such person is guilty of a misdemeanor of the third degree and shall be fined not less than $500 or imprisoned not more than 60 days, or both; for a third offense, such person is guilty of a misdemeanor of the second degree and shall be fined not less than $750 or imprisoned not more than 90 days, or both; for a fourth offense, such person is guilty of a misdemeanor of the first degree and shall be fined not less than $1,000 or imprisoned not more than 180 days, or both.
(Ord. 90-23. Passed 5-15-90; Ord. 2023-38. Passed 7-18-23.)