Chapter 5.32 LITTERING

CHAPTER 5.32
LITTERING¹

SECTION:

5.32.010: Definitions

5.32.020: Use Of Receptacles

5.32.030: Maintenance Responsibility

5.32.040: Streets And Sidewalks

5.32.050: City Parks

5.32.060: Lakes And Fountains

5.32.070: Private Property

5.32.080: Advertising Matter, Handbills

5.32.090: Dead Animals, Offensive Matter

5.32.100: Truck Loads Restricted

5.32.110: Posting Notices To Poles, Trees

5.32.120: Removal Of Dangerous Litter; Notice; Lien

5.32.010 DEFINITIONS:

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular and words used in the singular number include the plural. "Shall" is always mandatory and not merely directory.

ADVERTISING MATTER:

Means and includes any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper advertisement, broadside, handbill, card, poster, booklet or any other printed or otherwise reproduced original or copies of any matter or literature.

AIRCRAFT:

Any contrivance known, not known or hereafter invented, used or designated for navigation or for flight in the air. "Aircraft" includes helicopters and lighter than air dirigibles and balloons.

AUTHORIZED PRIVATE RECEPTACLE:

A litter storage and collection receptacle as required and authorized in this code.

CITY:

The city of Gonzales.

COMMERCIAL ADVERTISING MATTER:	Means and includes any advertising matter as herein defined which:
	A. Advertises for sale any merchandise, product, commodity or thing; or
	B. 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 in sales; or
	C. Directs attention to or advertises any 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 morals, 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 by any law of this state or under any city ordinance; or
	D. While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

GARBAGE:

Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

LITTER:

"Garbage", "refuse" and "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.

NEWSPAPER:

Means and includes 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 section 132.2 and following of the postal manual and other applicable federal statutes and regulations, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, means and includes any periodical or current magazine regularly published with not less than four (4) issues per year, and sold to the public.

NONCOMMERCIAL ADVERTISING MATTER:

Any advertising matter as herein defined which is not included in the aforesaid definitions of "commercial advertising matter" or "newspaper".

PARK:

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 possible recreation.

PERSON:

Any person, firm, partnership, association, corporation, company or organization of any kind.

PRIVATE PREMISES:

Any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

PUBLIC PLACE:

Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

REFUSE:

All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.

RUBBISH:

Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

VEHICLE:

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. (1972 Code § 8.20.010)

5.32.020 USE OF RECEPTACLES:

A. Placement 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. (1972 Code § 8.20.030)

B. Certain Materials Prohibited In Receptacles: It is a misdemeanor for any person to deposit accumulations of trash produced or accumulated at or upon residential or business properties in public litter cans. (1972 Code § 8.20.040)

5.32.030 MAINTENANCE RESPONSIBILITY:

A. Places Of Business: 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 building 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. (1972 Code § 8.20.060)

B. Private Property: The owner or person in control of any private property shall at all times maintain the premises free of litter; provided however, that this subsection shall not prohibit the storage of litter in authorized private receptacles for collection. (1972 Code § 8.20.190)

5.32.040 STREETS AND SIDEWALKS:

A. Throwing Litter On Public Ways: No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the city except in public receptacles, in authorized private receptacles for collection, or in official city dumps. (1972 Code § 8.20.020)

B. Sweeping Into Gutters: 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. (1972 Code § 8.20.050)

C. Throwing Litter From Vehicles: No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property. (1972 Code § 8.20.070)

5.32.050 CITY PARKS:

A. Use Of Receptacles: No person shall throw or deposit litter in any city park 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.

B. Carrying Litter From Park: When 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. (1972 Code § 8.20.090)

5.32.060 LAKES AND FOUNTAINS:

No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the city. (1972 Code § 8.20.100)

5.32.070 PRIVATE PROPERTY:

A. 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 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. (1972 Code § 8.20.180)

B. 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. (1972 Code § 8.20.200)

5.32.080 ADVERTISING MATTER, HANDBILLS:

A. Public Places: No person shall throw, deposit, cast, place or scatter any commercial or noncommercial advertising matter in or upon any sidewalk, street or other public place within the city. However, 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 commercial or noncommercial advertising matter to any person willing to accept it. Violation of this provision shall be an infraction. (1972 Code § 8.20.110)

B. Throwing From Vehicles: It shall be unlawful for any person to deposit, place, throw, scatter or cast any commercial or noncommercial advertising matter from any moving automobile or other motor vehicle. Violation of this provision shall be an infraction. (1972 Code § 8.20.111)

C. Depositing On Vehicles: No person shall throw or deposit any commercial or noncommercial advertising matter in or upon any vehicle; provided however, that it is not unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, commercial or noncommercial advertising matter to any occupant of a vehicle who is willing to accept it. Violation of this provision shall be an infraction. (1972 Code § 8.20.120)

D. Vacant Premises: No person shall throw, deposit, cast, place or scatter any commercial or noncommercial advertising matter in or upon any private premises which is temporarily or continuously uninhabited or vacant, or where a previous day’s distribution of advertising matter has not been removed. Violation of this provision shall be an infraction. (1972 Code § 8.20.130)

E. Inhabited Private Premises: No person shall throw, deposit or distribute any commercial or noncommercial advertising matter in or upon any private premises which is inhabited, except by handing or transmitting such advertising matter directly to the owner, occupant or other person then present in or upon such private premises. However, such person, unless directed not to do so in accordance with any other provision of this chapter, may place or deposit such advertising matter in or upon the premises if it is so placed or deposited as to secure and prevent such advertising matter from being blown or drifting upon such premises or upon sidewalks, streets or other public places, except that mailboxes may not be so used when such use is prohibited by postal law or regulations. Violation of this provision shall be an infraction. (1972 Code § 8.20.150)

F. Distribution Prohibited When Requested Or Property Posted:

1. It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any advertising matter upon any 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, and so as to be clearly readable from the sidewalk, a sign bearing the words, "No Advertising", indicating that the occupants of said premises do not desire to be molested or to have their privacy disturbed, or to have any such advertising matter left upon such premises.

2. The city clerk shall keep a register, to be signed by the owner, occupant or person legally in charge of a given premises in the city who does not wish to receive any advertising matter. The address of the subject premises shall be shown on the register opposite the signature of the registrant. Copies of the register shall be provided upon request to any advertiser wishing to distribute materials within the city. Violation of this provision shall be an infraction. (1972 Code § 8.20.151)

G. Exemption For Mail And Newspapers: The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers, except that newspapers shall be placed upon private property in such manner so as to prevent their being carried or deposited by the elements upon any street or other public place or upon private property. (1972 Code § 8.20.152)

H. Dropping From Aircraft: No person in an aircraft shall throw out, drop or deposit within the city any litter, advertising matter or any other object. (1972 Code § 8.20.160)

5.32.090 DEAD ANIMALS, OFFENSIVE MATTER:

No person shall deposit in any street or park, within the city, any dead animal, filth, dirt, trash, rubbish or offensive matter; and any person violating the provisions of this section, or any part thereof, shall be liable for the cost of removing such dead animal, filth, dirt, or rubbish or offensive matter, in addition to the other penalties prescribed in this code. (1972 Code § 9.14.010)

5.32.100 TRUCK LOADS RESTRICTED:

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; nor shall any person drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind. (1972 Code § 8.20.080)

5.32.110 POSTING NOTICES TO POLES, TREES:

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. (1972 Code § 8.20.170)

5.32.120 REMOVAL OF DANGEROUS LITTER; NOTICE; LIEN:

A. Notice To Remove: The health inspector and/or his/her designee is authorized and empowered to notify the owner of any open or vacant private property within the city, or the agent of such owner, to properly dispose of litter located on such owner’s property which is dangerous to public health, safety and welfare. Such notice shall be by registered mail, addressed to the owner at his last known address.

B. Action Upon Noncompliance: Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare within ten (10) days after the receipt of written notice provided for in subsection A of this section, or within ten (10) days after the date of such notice in the event the same is returned to the city 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 or agent, the health inspector is authorized and empowered to pay for the disposing of such litter or to order its disposal by the city.

C. Charge Included In Tax Bill. When the city has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent (6%) per year from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the city, and this charge shall be due and payable by the owner at the time of payment of such bill.

D. Recorded Statement Constitutes Lien. Where the full amount due the city is not paid by such owner within ten (10) days after the disposal of such litter, as provided for in subsections A and B of this section, then, and in that case, the health inspector shall cause to be recorded in the county recorder’s office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which the work was done. 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 in principal and interest, plus costs of court, if any, for collection, until final payment has been made. The costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of ten percent (10%) in the event same is not paid in full on or before the date of the tax bill upon which the charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. (1972 Code § 8.20.210)