521.07 LITTER CONTROL.
   (a)   For the purpose of this section, certain terms are defined as follows:
      (1)   "Litter" means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass or anything else of an unsightly or unsanitary nature which is or may become noxious, offensive, injurious or dangerous to the public health, comfort or safety.
      (2)   "Private property" means property owned by any person, which is not held out for public use including but not limited to private residences, yards, driveways and vacant lands.
      (3)   "Public property" means any land used or held out for use by the public, whether publicly or privately owned including but not limited to parks, recreation areas, all bodies of water, commercial establishments, buildings and parking areas.
   (b)   (1)   No person shall, regardless of intent, without lawful authority, throw, drop, discard, place or deposit litter or refuse or cause litter or refuse to be thrown, dropped, discarded, placed or deposited on any public property or private property not owned by him or in or on waters of the City, County or State, except as disposed of in a litter receptacle in a manner that prevents its being carried away by the elements.
      (2)   No vehicle shall be parked, driven or operated within the City unless the vehicle is constructed and covered so that the load is secure and will not blow or otherwise escape from the vehicle.
      (3)   The owner of any private real estate shall maintain the property free of litter.
         A.   If the owner of vacant or open land fails to dispose of litter located on the property which is dangerous to public health, safety or welfare, the proper authority shall notify the owner of the problem and what action is necessary to correct the problem. The notification shall also indicate that if the owner fails to clean up the property within ten days after receipt of written notice the proper authority is authorized to remedy the problem and all costs will be the responsibility of the owner.
         B.   If the owner fails to comply with subsection (b)(3)A. hereof, the proper authority may request removal of the litter and assess any costs against the owner and include the costs on the owner's next tax bill, if the costs remain unpaid at that time.
   (c)   Whoever violates this section shall be fined not less than ten dollars ($10.00) and not to exceed five hundred dollars ($500.00) on a first offense; on each subsequent offense such person is guilty of a misdemeanor of the third degree.
(Ord. 86-104. Passed 5-12-86.)