CHAPTER 4-10: ANTI-LITTER REGULATIONS
SECTIONS:
4-10-2: LITTER IN PUBLIC PLACES:
4-10-3: PLACEMENT OF LITTER IN RECEPTACLES:
4-10-4: SWEEPING LITTER INTO GUTTERS PROHIBITED:
4-10-5: MERCHANTS DUTY TO KEEP SIDEWALKS FREE OF LITTER:
4-10-6: LITTER THROWN BY PERSONS IN VEHICLES:
4-10-7: TRUCK LOADS CAUSING LITTER:
4-10-10: THROWING OR DISTRIBUTING COMMERCIAL HANDBILLS IN PUBLIC PLACES:
4-10-11: PLACING COMMERCIAL AND NONCOMMERCIAL HANDBILLS ON VEHICLES:
4-10-12: DEPOSITING COMMERCIAL AND NONCOMMERCIAL HANDBILLS ON UNINHABITED OR VACANT PREMISES:
4-10-13: PROHIBITING DISTRIBUTION OF HANDBILLS WHERE PROPERLY POSTED:
4-10-14: DISTRIBUTING COMMERCIAL AND NONCOMMERCIAL HANDBILLS AT INHABITED PRIVATE PREMISES:
4-10-15: DROPPING LITTER FROM AIRCRAFT:
4-10-16: POSTING NOTICES PROHIBITED:
4-10-17: LITTER ON OCCUPIED PRIVATE PROPERTY:
4-10-18: OWNER TO MAINTAIN PREMISES FREE OF LITTER:
4-10-19: LITTER ON VACANT LOTS:
4-10-20: CLEARING OF LITTER FROM PRIVATE PROPERTY:
4-10-1 DEFINITIONS:
For the purpose of this Chapter the following terms, phrases, words, and their derivation shall have the meaning given herein:
(A) "Aircraft" is any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "Aircraft" shall include helicopters and lighter than air dirigibles and balloons.
(B) "Authorized private receptacle" is a litter storage and collection receptacle.
(C) "City" is the City of Prescott, Arizona.
(D) "Commercial Handbill" is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature:
1. Which advertises for sale any merchandise, product, commodity, or thing; or
2. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sale; or
3. Which directs attention to or advertises the meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given, or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morales, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind, without a license, where such license is or may be required of any law of the State, or under any ordinance of the City; or
4. Which, while containing reading matter other than advertising matter, is predominately and essentially an advertisement, or is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
(E) "Garbage" is putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(F) "Litter" is "garbage", "refuse", "rubbish", as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
(G) "Newspaper" is any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with Federal Statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year, and sold to the public.
(H) "Noncommercial Handbill" is any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
(I) "Park" is a park, reservation, playground, beach, recreation center or any other public area in the City, owned or used by the City and devoted to active or passive recreation. (Ord. 807; 5-8-67)
(J) "Person" is any person, firm, partnership, association, corporation, company, owner, lessee, occupant of buildings, grounds or lots. (Ord. 850; 6-24-68)
(K) "Private Premises" is any dwelling, house, building, or other structure designated or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
(L) "Public Place" is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
(M) "Refuse" is all putrescible and non-putrescible solid waste, including garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial waste. (Ord. 807; 5-8-67)
(N) "Rubbish" is non-putrescible solid waste consisting of both combustible and non-combustible waste, such as paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, weeds, brush, wood, glass, bedding, crockery or other accumulation of filth or debris. (Ord. 850; 6-24-68)
(O) "Vehicle" is every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. (Ord. 807; 5-8-67)
4-10-2 LITTER IN PUBLIC PLACES:
No person shall throw or deposit or be responsible for the accumulation of litter in or upon any street, sidewalk or other public place, or in or upon any building or buildings, grounds, lot or lots. (Ord. 850; 6-24-68)
4-10-3 PLACEMENT OF LITTER IN RECEPTACLES:
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
4-10-4 SWEEPING LITTER INTO GUTTERS PROHIBITED:
No person shall sweep into or deposit 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. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
4-10-5 MERCHANTS DUTY TO KEEP SIDEWALKS FREE OF LITTER:
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any buildings or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the City shall keep the sidewalk in front of their business premises free of litter.
4-10-6 LITTER THROWN BY PERSONS IN VEHICLES:
No person, while a driver or a passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the City, or upon private property.
4-10-7 TRUCK LOADS CAUSING LITTER:
No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
4-10-8 LITTER IN PARKS:
No person shall throw or deposit litter in any park within the City except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other 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 as provided herein.
4-10-9 SNOW AND ICE REMOVAL:
Persons owning or occupying property shall keep the sidewalk in front of their premises free from snow and ice. Snow and ice removal shall be accomplished within a reasonable time after snow has collected or ice has formed so as to insure the public safety in use of the sidewalk.
4-10-10 THROWING OR DISTRIBUTING COMMERCIAL HANDBILLS IN PUBLIC PLACES:
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City. Nor shall any person hand out or 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 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.
4-10-11 PLACING COMMERCIAL AND NONCOMMERCIAL HANDBILLS ON 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. (Ord. 2279, 6-25-1991)
4-10-12 DEPOSITING COMMERCIAL AND NONCOMMERCIAL HANDBILLS ON UNINHABITED OR VACANT PREMISES:
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which is temporarily or continuously uninhabited or vacant. (Ord. 2279, 6-25-1991)
4-10-13 PROHIBITING DISTRIBUTION OF HANDBILLS WHERE PROPERLY POSTED:
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing", "No Peddlers or Agents", "No Advertisement", or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. (Ord. 2279, 6-25-1991)
4-10-14 DISTRIBUTING COMMERCIAL AND NONCOMMERCIAL HANDBILLS AT INHABITED PRIVATE PREMISES:
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which is inhabited, except by handling 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 which is not posted, as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may 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 regulations.
(A) Exemptions For Mail And Newspapers: The provisions of this section 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. (Ord. 807, 5-8-1967)
4-10-15 DROPPING LITTER FROM AIRCRAFT:
No person in an aircraft shall throw out, drop or deposit within the city any litter or handbill in violation of this chapter. (Ord. 807, 5-8-1967)
4-10-16 POSTING NOTICES PROHIBITED:
(A) No person shall post or affix 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 structure or building, except as may be authorized or required by law.
(B) No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to the exterior of any building, structure, or any wall, window or facade of any building or structure, unless permission has been granted by the owner or the person in control of said building. (Ord. 4190, 1-15-2002)
4-10-17 LITTER ON OCCUPIED PRIVATE PROPERTY:
No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of the private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. (Ord. 807, 5-8-1967)
4-10-18 OWNER TO MAINTAIN PREMISES FREE OF LITTER:
The owner or person in control of any private property shall at all times maintain the premises free of litter. Provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection. (Ord. 807, 5-8-1967)
4-10-19 LITTER ON VACANT LOTS:
No person shall throw or deposit litter on any open or vacant private property within the city whether owned by such person or not. (Ord. 807, 5-8-1967)
4-10-20 CLEARING OF LITTER FROM PRIVATE PROPERTY:
(A) The city inspector is hereby authorized and empowered to notify, in writing, the owner, lessee or occupant of buildings, grounds or lots to remove litter lying or located on such owner’s, occupant’s or lessee’s property or contiguous sidewalks, streets or alleys. The notice shall also include the cost of the removal by the city upon noncompliance within the specified time. The notice shall be either personally served or mailed to the owner, occupant or lessee at his last known address by certified or registered mail, or the address to which the tax bill for the property was last mailed. If the owner does not reside on such property a duplicate notice shall also be sent to him at his last known address.
(B) Upon receipt of such notice provided herein the owner, occupant or lessee shall have the right of appeal to the council and shall have the right to appear before the council at a time and date set for such hearing and may at that time appeal the notice and the assessment.
(C) Upon the failure, neglect or refusal of any owner, occupant or lessee so notified to cut, destroy and/or remove litter located upon his property or upon the contiguous sidewalks, street or alleys, within thirty (30) days after receipt of the written notice provided for in subsection (A) of this section, or within thirty (30) days after the date of return of such notice, in the event the same is returned to the post office department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, occupant or lessee, the city may, at the expense of such owner, occupant or lessee, remove or cause the removal thereof.
(D) When the city has effected the removal of the litter or has paid for its removal, the actual cost thereof, plus five percent (5%) for additional inspection and other incidental costs in connection therewith, if not paid by the owner, occupant or lessee as provided, shall be charged to the owner of such property as an assessment upon the lot or lots and tract or tracts of land from which such litter is removed.
(E) Where the full amount due the city is not paid by such owner, occupant or lessee within five (5) days after the cutting, destroying and/or removal of such litter as provided above, then and in that case, the inspector shall cause to be recorded in the office of the Yavapai County recorder, a sworn statement showing the cost and expense incurred for the work and the date, place and property on which said work was done, and the recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due until final payment has been made. Such assessment, from the date of its recording in the office of the Yavapai County recorder, shall be a lien on said lot or tract of land until paid. Such lien shall be subject and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record. A sale of the property to satisfy a lien obtained under the provisions of this section shall be made upon judgment of foreclosure and order of sale. The city shall have the right to bring an action to enforce the lien in the superior court of Yavapai County at any time after the recording of the assessment, but failure to enforce the lien by such action shall not affect its validity. The recorded assessment shall be prima facie evidence of the truth of all matters recited therein and of the regularity of all proceedings prior to the recording thereof.
(F) A prior assessment for the purposes provided in this code shall not be a bar to subsequent assessment or assessments for such purposes and any number of liens on the same lot or tract of land may be enforced in the same action. (Ord. 850, 6-24-1968)
4-10-21 NUISANCE:
The presence of any litter or handbill upon private premises, in or upon any vehicle, park or public place in violation of the terms of this chapter shall constitute a hazard to public health and safety, and any person who violates the provisions of this chapter shall be guilty of a misdemeanor and in addition to any fine which may be imposed for a violation of any other provision of this code, shall be liable for all costs which may be assessed pursuant to this chapter for the removal of said litter. (Ord. 850, 6-24-1968)
4-10-22 PENALTY:
Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100.00) and not to exceed two thousand five hundred dollars ($2,500.00) or by imprisonment of not more than six (6) months, or by both such fine and imprisonment; and/or the court may, in its discretion, impose a sentence of community service work. (Ord. 4412, 8-24-2004)