Chapter 12-16
LITTER
Sections:
12-16-020 Litter in public places.
12-16-030 Sweeping litter into gutters prohibited.
12-16-040 Merchants’ duty to keep sidewalks free of litter.
12-16-050 Litter thrown by persons in vehicles.
12-16-060 Truck loads causing litter.
12-16-080 Litter in lakes and fountains.
12-16-090 Throwing or distributing handbills in public places.
12-16-100 Placing handbills on vehicles.
12-16-110 Depositing handbills on uninhabited or vacant premises.
12-16-120 Prohibiting distribution of handbills where properly posted.
12-16-130 Distributing handbills at inhabited private premises.
12-16-140 Dropping litter from aircraft.
12-16-150 Posting notices prohibited.
12-16-160 Litter on occupied private property.
12-16-170 Owner to maintain premises free of litter.
12-16-180 Litter on vacant lots.
12-16-190 Clearing of litter from open private property by city.
12-16-200 Violations—Penalties.
12-16-010 Definitions.
For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meaning 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 number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
“Aircraft” means 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.
“Authorized private receptacle” means a litter storage and collection receptacle as required and authorized in the city.
“City” means the city of Harvey.
“Commercial handbill” means 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 sales; or
3. Which 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 definition 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 definition 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 ordinance of this city; or
4. Which, 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” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
“Litter” means “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 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 issues per year, and sold to the public.
“Noncommercial handbill” means 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.
“Park” means 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.
“Person” means any person, firm, partnership, association, corporation, company or organization of any kind.
“Private premises” means 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 shall include any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
“Public place” means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
“Refuse” means 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” means 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” means 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. (Prior code § 8-19-1)
12-16-020 Litter in public places.
A. 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.
B. 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. (Prior code § 8-19-2)
12-16-030 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. (Prior code § 8-19-3)
12-16-040 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 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. (Prior code § 8-19-4)
12-16-050 Litter thrown by persons in 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. (Prior code § 8-19-5)
12-16-060 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. Nor shall any person drive or move any vehicle or truck within the city, the wheels or tires of which carry onto 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. (Prior code § 8-19-6)
12-16-070 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. (Prior code § 8-19-7)
12-16-080 Litter in 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. (Prior code § 8-19-8)
12-16-090 Throwing or distributing handbills in public places.
No person shall throw or deposit any commercial or noncommercial handbills 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 handbills 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, a noncommercial handbill to any person willing to accept it. (Prior code § 8-19-9)
12-16-100 Placing 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. (Prior code § 8-19-10)
12-16-110 Depositing handbills on uninhabited or vacant premises.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (Prior code § 8-19-11)
12-16-120 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 matter 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. (Prior code § 8-19-12)
12-16-130 Distributing handbills at inhabited private premises.
A. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are 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 are 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 or regulations.
B. Exemption of 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 in Section 12-16-010) 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. (Prior code § 8-19-13)
12-16-140 Dropping litter from aircraft.
No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object. (Prior code § 8-19-14)
12-16-150 Posting notices prohibited.
No person shall post or affix any notice, poster or other paper or device, calculated to attract the Mention of the public to any lamp post, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law. (Prior code § 8-19-15)
12-16-160 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 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. (Prior code § 8-19-16)
12-16-170 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. (Prior code § 8-19-17)
12-16-180 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. (Prior code § 8-19-18)
12-16-190 Clearing of litter from open private property by city.
A. Notice To Remove. The health inspector 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 or welfare. Such notice shall be by registered mail, addressed to said 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 days after receipt of written notice provided for in subsection (A) above, or within fourteen (14) 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 per annum 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 said charge shall be due and payable by said 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 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 city 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 said 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. Said cost 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 six percent in the event same is not paid in full on or before the date the tax bill upon which said 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. (Prior code § 8-19-19)
12-16-200 Violations—Penalties.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding one hundred dollars ($100.00) or be imprisoned in the city jail for a period not exceeding ten days or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (Prior code § 8-19-20)