Chapter 9.24
LITTERING

Sections:

9.24.010    Definitions.

9.24.020    Depositing certain items on property or waters prohibited – Exceptions.

9.24.030    Notification of complaint requirement – Exemption for summary abatement.

9.24.040    Exemptions.

9.24.050    Violation – Penalty.

9.24.010 Definitions.

For the purposes of this chapter, the following words shall have the meanings set forth in this section:

A. “Junk” means and includes all old appliances or parts thereof, all old iron or other metal, glass, cardboard, old lumber, old wood and old mattresses.

B. “Litter” means and includes all other waste, paper, and discarded materials.

C. “Refuse” means and includes all trash, dirt, garbage, discarded food, animal and vegetable matter, cans and ashes. (Prior code § 9.68.010).

9.24.020 Depositing certain items on property or waters prohibited – Exceptions.

It is unlawful for any person to throw, to drop or to leave any junk, refuse, or litter upon any public property or another person’s private property in the city, or in any waters within the city boundaries; provided, that this section shall not apply if such property is designated by the state or any of its agencies or political subdivisions for the disposal of garbage and refuse or the material is deposited into a litter receptacle or container installed for such purpose. (Prior code § 9.68.030).

9.24.030 Notification of complaint requirement – Exemption for summary abatement.

A. Before any person is charged with a violation of this chapter, he shall have been advised by certified or registered letter from the building inspector that a complaint is contemplated and by such letter shall have been given not less than 10 days to cause removal. Copies of such letters shall be kept and filed in court along with any complaint filed.

B. This section shall not prevent the summary abatement by any public officer of a serious threat to health or safety, nor support a damage claim resulting from such abatement. (Prior code § 9.68.040).

9.24.040 Exemptions.

This chapter shall not apply to any automobile business located in a proper zone under CMC Title 17 where all junk and wrecked cars are screened behind proper fences, nor shall it apply to any appliance dealer who is operating legally in a proper zone, nor to material stored on premises of any business enterprise for use in connection with such enterprise so long as such enterprise is conducted in accordance with zoning and other ordinances. (Prior code § 9.68.050).

9.24.050 Violation – Penalty.

Any violation of this chapter constitutes a misdemeanor and upon conviction shall be punishable by a fine not to exceed $300.00 or by imprisonment in the county jail for a period not to exceed 30 days, or by both such fine and imprisonment, and in addition the court may order a nuisance abated by causing removal by either the defendant or other person or by the city. (Prior code § 9.68.060).