Chapter 9.28
LITTER CODE
Sections:
9.28.030 Property owner’s duty to keep premises litter-free.
9.28.040 Litter receptacles – Use.
9.28.050 Litter receptacles – Responsibility to procure and place.
9.28.060 Litter receptacles – Minimum standards.
9.28.070 Litter receptacles – Placement required.
9.28.080 Litter receptacles – Prohibited acts.
9.28.090 Litter receptacles – City inspections.
9.28.100 Business places – Maintenance of premises.
9.28.110 Violation – Presumption of responsibility.
9.28.120 Conflict with other provisions.
9.28.010 Definitions.
For the purposes of this chapter, the following terms, phrases and words shall have the meanings given in this section.
A. “Authorized litter receptacle” means a litter storage and/or collection receptacle as defined or required by this chapter as now enacted or hereafter amended.
B. “Handbill” means any printed or written matter, any sample, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copy of any matter of literature, political or nonpolitical, excepting legal notices.
C. “Litter” means garbage, refuse, and rubbish, as defined in ordinances of the city, animal excrement, and in addition, all other waste material which, if thrown or deposited as prohibited in this chapter, tends to create a public nuisance.
D. “Litter receptacle” means a container for the disposal of litter of not more than 60-gallon capacity; provided, that garbage containers or other waste containers serving single-family or multifamily residences are not included in this definition.
E. “Private property” means any realty not held out for the use by the public, whether owned or operated by public or private interests, whether inhabited or uninhabited.
F. “Public place” means any area that is used or held out for use by the public, whether owned or operated by public or private interests. “Public place”, for purposes of compliance with the provisions of this chapter regarding placement of litter receptacles in the number specified, shall not include indoor areas. An indoor area shall be construed to mean any enclosed area covered with a roof and protected from moisture and wind.
G. “Carry-out food and beverage” means that food which is ready for consumption and is contained in throwaway wrappings or receptacles. (Ord. 1857 § 1, 1980).
9.28.020 Prohibited conduct.
A. Deposit in Public Places. No person shall throw or deposit litter in or upon any street, sidewalk, or other public place within the city except in litter receptacles or in official county transfer stations.
B. Deposit on Private Property. No person shall throw or deposit litter on any private property within the city, whether owned by such person or not, in such a manner that litter will be carried or deposited by the elements onto any street, sidewalk, or other public place, or onto any other private property.
C. Deposit in Parks. No person shall throw or deposit litter in any park within the city except in litter receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements onto any part of the park or into any street or other public place. Where litter receptacles are not provided, all such litter shall be carried away and properly disposed of elsewhere as provided in this chapter.
D. Deposit in Water. 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.
E. Throwing from Vehicles. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place or upon private property within the city.
F. Litter From Vehicle. No person shall drive or move any 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 or private property. Any person owning or operating a vehicle from which any litter has fallen or escaped, which would constitute an obstruction or damage to a vehicle or otherwise endanger travel upon such public street shall immediately cause such public street to be cleaned of all such litter or other objects and shall pay any cost thereof.
G. Property Maintenance. Persons owning or occupying any real property, within the city shall keep the sidewalk in front of or adjacent to said property free of litter.
H. Dropping Litter or Handbills From Aircraft. No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object.
I. Handbills – Prohibited Placement.
1. Handbills – Posted. In the case of posted handbills, any person so posting a handbill is required to remove the same upon the expiration of its purpose.
2. Handbills – Placing on Vehicles. No person shall throw or deposit any handbill in or upon any vehicle.
3. Handbills – Deposit on Vacant Property. No person shall throw, deposit, post or distribute any handbill in or upon any private property which is temporarily or continuously uninhabited or vacant.
4. Handbills – Distribution on Posted Premises. No person shall throw, deposit, post or distribute any handbill upon any private property if requested by the owner or person in control of such property to refrain from doing so, or if there is placed on the property 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 the premises do not desire to have any such handbills left upon such premises; provided, however, that in case of inhabited private premises which are not posted as provided in this section, 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 in such a manner as to prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places. (Ord. 1857 § 2, 1980).
9.28.030 Property owner’s duty to keep premises litter-free.
The owner, occupant or person in control of any public place shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in private litter receptacles for collection or disposal, the maintenance of compost piles contained within a physical structure, and the temporary storage of building, construction, landscaping and similar materials. (Ord. 1857 § 3, 1980).
9.28.040 Litter receptacles – Use.
Persons placing litter in litter 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. (Ord. 1857 § 4, 1980).
9.28.050 Litter receptacles – Responsibility to procure and place.
Any person owning or operating any private property or public place in which litter receptacles are required by this chapter, shall procure, place, and maintain such receptacles on the premises at his or her own expense in accordance with the provisions of this chapter. (Ord. 1857 § 5, 1980).
9.28.060 Litter receptacles – Minimum standards.
Litter receptacles procured and placed in public places as required by this chapter shall meet the following minimum standards:
A. General Specifications.
1. The body of each litter receptacle shall be constructed of a minimum of 24 gauge galvanized steel or other material of equivalent strength that will, with normal wear and tear, reasonably resist corrosion and acts of vandalism.
2. All outside edges of each litter receptacle shall be rounded.
3. Openings in covered litter receptacles shall be readily identifiable and readily accessible for the deposit of litter.
4. Construction and general configuration of litter receptacles shall be in conformance with all pertinent laws, ordinances, resolutions, or regulations pertaining to fire, safety, public health or welfare.
B. No commercial advertisement shall be placed on any litter receptacle. However, the person owning any receptacle may place a single line on the receptacle identifying the ownership, and a single credit line designating any donor of the litter receptacle other than the owner may also be placed on the receptacle; provided, that the lettering does not exceed the size specified for the words “Deposit Litter,” and does not interfere with or distract from the prominence of the anti-litter symbol.
C. Maintenance. Compliance with the minimum standards set forth in this section shall include proper upkeep, maintenance, repair or replacement of litter receptacles sufficient to permit such receptacles to serve the functions for which they were designed and to prevent the appearance of such receptacles from becoming unsightly.
D. All litter receptacles are to be braced or supported in such a manner that dogs or other animals cannot enter or tip or tilt the same or empty any of the contents thereof. (Ord. 1857 § 6, 1980).
9.28.070 Litter receptacles – Placement required.
A. Litter receptacles meeting the standards established by this chapter shall be placed in the following public and private places in the city:
1. Parks;
2. Campgrounds;
3. Trailer park facilities for transient habitation;
4. Drive-in restaurants;
5. Gasoline service stations;
6. Tavern parking lots;
7. Shopping centers;
8. Grocery store parking lots;
9. Marinas;
10. Boat launching areas;
11. Boat moorage and fueling stations;
12. Public and private piers;
13. Beaches and bathing areas;
14. Outdoor parking lots, other than those specifically designated in this section, having a capacity of more than 50 automobiles;
15. Fairgrounds;
16. Schoolgrounds;
17. Racetracks;
18. Sporting event sites;
19. Sites for carnivals, festivals, circuses, shows, or events of any kind to which the public is invited;
20. Restaurants selling carry-out food and beverage;
B. Litter receptacles need only be placed in the public and private places designated in subsection A of this section during times that such places are open to the public.
C. Placement of litter receptacles shall be in conformance with laws, ordinances, resolutions, and regulations pertaining to fire, safety, public health or welfare. (Ord. 1857 § 7, 1980).
9.28.080 Litter receptacles – Prohibited acts.
A. No person shall damage, deface, abuse, or misuse any litter receptacle not owned by such person so as to interfere with its proper function or to detract from its proper appearance.
B. No person shall deposit leaves, clippings, prunings or gardening refuse in any litter receptacle not owned by such person.
C. No person shall deposit household garbage in any litter receptacle; provided, that this subsection shall not be construed to mean that wastes of food consumed on the premises at any public place may not be deposited in litter receptacles. (Ord. 1857 § 8, 1980).
9.28.090 Litter receptacles – City inspections.
A. At such times as the fire department or other local fire control agency makes routine or other fire inspections within the city, it shall also be the duty of the fire department to inspect all such inspected premises to assure compliance with the requirements for placing and maintaining litter receptacles as required by this chapter.
B. The building department shall not approve occupancy of any building, structure or other improvement for new construction or modification to any existing building, structure or other improvement for which a building permit is required, nor give final inspection approval to any such building, structure or other improvement, until litter receptacles as required in this chapter have been set in place on the subject property. (Ord. 1857 § 10, 1980).
9.28.100 Business places – Maintenance of premises.
Persons owning or occupying places of business within the city shall keep the sidewalk in front of their business premises free of litter. (Ord. 1857 § 11, 1980).
9.28.110 Violation – Presumption of responsibility.
A person is presumed to be responsible for illegally depositing litter by the discovery of three or more pieces of litter within such illegally deposited litter which are identifiable to such person by means of a name, address, or other mark of identification contained on such items. (Ord. 1857 § 9, 1980).
9.28.120 Conflict with other provisions.
In the event any other city ordinance, whether or not codified, is in conflict with any of the terms of this chapter, the more stringent shall be construed as applicable. (Ord. 1857 § 13, 1980).