Chapter 8.08
LITTERING
Sections:
8.08.030 Littering prohibited.
8.08.040 Placement of litter in receptacles so as to prevent scattering.
8.08.050 Clearing of litter from private premises and adjacent public places by city.
8.08.060 Litter thrown by persons in vehicles.
8.08.070 Throwing or distributing commercial handbills in public places.
8.08.080 Placing commercial and noncommercial handbills on vehicles.
8.08.090 Depositing commercial and noncommercial handbills on uninhabited or vacant premises.
8.08.100 Prohibiting distribution of handbills where properly posted.
8.08.110 Distributing commercial and noncommercial handbills at inhabited private premises.
8.08.120 Dropping litter from aircraft.
8.08.130 Alternative procedure.
8.08.010 Title.
This chapter shall be known and may be cited as the city of Dundee anti-litter ordinance. [Ord. 455-2007 § 48].
8.08.020 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 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, hereafter invented, used or designed for navigation or for flight in the air. The word “aircraft” shall include helicopters, lighter-than-air dirigibles and balloons.
“Authorized private receptacle” means a litter storage and collection receptacle as required and authorized in Chapter 8.04 DMC.
“City” means the city of Dundee, Oregon.
“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, service, 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 clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expense 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 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, preparing, cooking and consumption of food.
“Litter” means garbage, refuse and rubbish as defined herein and all other material which, if thrown, deposited or allowed to accumulate as herein prohibited, tends to create a danger to public health, safety and welfare, and which is not within a receptacle provided therefor.
“Newspaper” means any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Post Office, 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 or literature not included in the aforesaid definitions of “commercial handbill” or “newspaper.”
“Person” means any person, firm, partnership, association, corporation, company or organization of any kind.
“Private premises” means any private property, together with any structure thereon, whether inhabited or temporarily or continuously uninhabited or vacant, including the yard, grounds, walks, driveway, porch, steps, vestibule or entryway thereof, and any off-street parking area.
“Public place” means any and all public streets, sidewalks, gutters, boulevards, alleys and other public rights-of-way, and all public parks, squares, spaces, grounds and buildings.
“Refuse” means all putrescible and nonputrescible solid wastes (except body waste), including garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.
“Rubbish” means nonputrescible solid waste consisting of both combustible and noncombustible wastes including, but not limited to, paper, wrappings, cardboard, tin cans, yard clippings, leaves, dirt (other than the natural soil, in place), wood, glass, bedding, crockery, abandoned, dismantled or no longer used automobiles, junk, worthless and useless articles which are in such a state or such a quantity as to be unsightly, against the general welfare, unhealthful, dangerous to persons or property, or so as to interfere with the abatement of weeds and similar materials.
“Sidewalk” means the paved and unpaved, planted or unplanted area maintained between the property line and the curb line or the edge of the surfaced roadway, and includes a driveway, curbing, bulkhead, retaining wall and other works for the protection of any sidewalk or parking located in any public street, way or thoroughfare within the city.
“Vehicle” means every device upon or by which any person shall, or property is or may, be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. [Ord. 455-2007 § 49].
8.08.030 Littering prohibited.
No person shall throw, deposit or accumulate litter in or upon any public place or private premises as hereinbefore defined within the city, except for collection, or at a city dump, or except while such person is temporarily engaged in clearing said public place or private premises of litter or improving said public place or private premises. No person shall deposit or cause to be deposited in any city-owned receptacle located in a public place the garbage or litter which was accumulated in the residence or place of business occupied by said person. [Ord. 455-2007 § 50].
8.08.040 Placement of litter in receptacles so as to prevent scattering.
Persons placing litter in authorized public or private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any public place or private premises. [Ord. 455-2007 § 51].
8.08.050 Clearing of litter from private premises and adjacent public places by city.
A. Notice to Remove. The chief of police and the city recorder are hereby authorized and empowered to notify the owner, his agent, or person in control of any private premises within the city to dispose of litter on such premises or upon the public places abutting or adjacent to such premises. Such notices shall be given by posting the private premises and by certified mail addressed to said owner, his agent, or such other person at his last known address, or by personal service on the owner, agent, person in control or occupant of said property.
B. Content of Notice. The notice shall describe the work to be done and shall state that, if the work is not commenced within five days after receipt of notice and diligently prosecuted to completion without interruption, the city shall dispose of the litter, and the cost thereof shall be a lien on the property. The notice shall be substantially in the following form:
NOTICE TO REMOVE LITTER
The owner of the property described as follows:_______________commonly known as _______________ is hereby ordered to properly dispose of the litter located on said property, to-wit: _______________ within five days from the date hereof. If the disposal of the litter herein indicated is not commenced and diligently prosecuted to completion within the time fixed herein, the city shall cause such disposal to be done; and the cost thereof, including any incidental expenses, will be made a lien upon said property.
C. City Recorder to Keep Record. The city recorder shall cause to be kept in his office a permanent record containing:
1. A description of each parcel of property for which notice to dispose of litter has been given;
2. The name of the owner, if known;
3. The date on which such notice was mailed and posted;
4. The charges incurred by the city in disposing of the litter, and all incidental expenses in connection therewith; and
5. A brief summary of the work performed. Each such entry shall be made as soon as practicable after completion of such act.
D. Action upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of the litter within five days after notice has been given as herebefore provided, or within 10 days after the date of mailing such notice, in the event the post office is unable to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the city recorder hereby is authorized and empowered to pay for the disposal of such litter out of the city funds or to order its disposal by city forces. The chief of police and his authorized representatives, including any contractor with whom he contracts hereunder, and assistants, employees or agents of such contractor, hereby are authorized to enter upon said property for the purpose of disposing of the litter described in the notice. Before the chief of police or contractor arrives, any property owner may dispose of the litter at his own expense.
E. Charge to Owner. Where the city has effected the removal of such litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of seven percent per annum from the date of the completion of the work, shall be charged to the owner of such property; and the owner or his agent shall be billed therefor by mail, if not paid prior thereto. The bill shall apprise the owner that failure to pay the bill will result in a lien.
F. Recorded Statement Constitutes a Lien. Where the full amount due the city is not paid by such owner within 30 days after the date of said billing by the city recorder, he shall cause to be recorded a sworn or certified 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 litter disposal work was done. The recordation of such sworn or certified statement shall constitute a lien 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 costs and expenses shall be subject to a delinquent penalty of 10 percent in the event same is not paid in full on or before the date the amount due becomes a lien. Sworn or certified 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 and costs, constitutes a charge against the property designated or described in the statement, and that the same is due and collectible as provided by law. The city recorder shall record said lien in the city lien docket. [Ord. 455-2007 § 52].
8.08.060 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. [Ord. 455-2007 § 53].
8.08.070 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. [Ord. 455-2007 § 54].
8.08.080 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. 455-2007 § 55].
8.08.090 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 are temporarily or continuously uninhabited or vacant. [Ord. 455-2007 § 56].
8.08.100 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 Advertisements,” 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. 455-2007 § 57].
8.08.110 Distributing commercial and noncommercial 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 handing 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. Exception 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. 455-2007 § 58].
8.08.120 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. [Ord. 455-2007 § 59].
8.08.130 Alternative procedure.
The procedures herein established are alternative and cumulative to any other procedures allowed by law for the accomplishment of the same objectives. [Ord. 455-2007 § 60].
8.08.140 Penalty.
Every person as herein defined who shall violate any of the provisions of this chapter shall have committed a Class 2 civil infraction. Each separate day or any portion thereof during which any violation of this chapter occurs or continues constitutes a separate offense and shall be punishable as herein provided. [Ord. 455-2007 § 61(B)].