Chapter 8.08
LITTERING
Sections:
8.08.020 Deposit of litter in public places prohibited.
8.08.030 Proper placement of litter in receptacles.
8.08.040 Gutters and sidewalks.
8.08.050 Litter thrown from vehicles.
8.08.060 Truck loads causing litter.
8.08.070 Deposit of litter in parks.
8.08.080 Deposit of litter in waters.
8.08.090 Handbill distribution – Public places.
8.08.100 Handbill distribution – Vehicles.
8.08.110 Handbill distribution – Vacant premises.
8.08.120 Handbill distribution – Posted premises.
8.08.130 Handbill distribution – Private premises.
8.08.140 Littering from aircraft.
8.08.160 Litter on private property – Receptacles.
8.08.170 Maintenance of premises free of litter.
8.08.180 Deposit of litter on vacant lots.
8.08.190 Removal of litter from private property.
8.08.200 Violations – Penalties.
8.08.010 Definitions.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section.
A. “Aircraft” means any contrivance now known or hereafter invented, used or designated for navigation or for flight in the area. “Aircraft” includes helicopters and lighter-than-air dirigibles and balloons.
B. “Authorized private receptacle” means a litter storage and collection receptacle as required and authorized in Chapter 8.04 SMC.
C. “Commercial handbill” is 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 which:
1. Advertises for sale any merchandise, product, commodity or thing; or
2. 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. 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 subsection 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, whether 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 subsection 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 predominately 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.
D. “Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
E. “Litter” means “garbage,” “refuse,” and “rubbish” as defined in this section and all other waste material which, if thrown or deposited as prohibited in this chapter, tends to create a danger to public health, safety and welfare.
F. “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, means and includes any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
G. “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 definition of “commercial handbill” or “newspaper.”
H. “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.
I. “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.
J. “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.
K. “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.
L. “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.
M. “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. [1956 Code § 8-501, § 1.]
8.08.020 Deposit of litter in public places prohibited.
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. [1956 Code § 8-501, § 2.]
8.08.030 Proper placement of litter 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. [1956 Code § 8-501, § 3.]
8.08.040 Gutters and sidewalks.
A. 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.
B. No person owning or occupying any place of business shall sweep into or deposit in any gutter, street or other public place within 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.
8.08.050 Litter thrown from vehicles.
No person while a driver or a passenger in a vehicle shall throw or deposit litter upon any street or other public place within the City or upon private property. [1956 Code § 8-501, § 7.]
8.08.060 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 deposit in any street, alley or other public place, litter or foreign matter of any kind. [1956 Code § 8-501, § 8.]
8.08.070 Deposit of 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 in this chapter. [1956 Code § 8-501, § 9.]
8.08.080 Deposit of litter in waters.
No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the City. [1956 Code § 8-501, § 10.]
8.08.090 Handbill distribution – 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. [1956 Code § 8-501, § 11.]
8.08.100 Handbill distribution – 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. [1956 Code § 8-501, § 12.]
8.08.110 Handbill distribution – 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. [1956 Code § 8-501, § 13.]
8.08.120 Handbill distribution – Posted premises.
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 the 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 manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises. [1956 Code § 8-501, § 14.]
8.08.130 Handbill distribution – 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 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, sidewalks, streets or other public places, and except that mail boxes may not be so used when so prohibited by federal postal law or regulation.
B. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers (as defined in SMC 8.08.010) 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. [1956 Code § 8-501, § 15.]
8.08.140 Littering from aircraft.
No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill or any other object. [1956 Code § 8-501, § 16.]
8.08.150 Posting of notices.
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention 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. [1956 Code § 8-501, § 17.]
8.08.160 Litter on private property – Receptacles.
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. [1956 Code § 8-501, § 18.]
8.08.170 Maintenance of 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. [1956 Code § 8-501, § 19.]
8.08.180 Deposit of 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. [1956 Code § 8-501, § 20.]
8.08.190 Removal of litter from private property.
A. The Property Maintenance Facilitator 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 certified mail, or comparable, addressed to said owner at his last known address.
B. 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 the time limits mandated by the Property Maintenance Facilitator, the Property Maintenance Facilitator is authorized and empowered to order its disposal by the City, subject to prior approval by the City Manager.
C. When the City has effected the removal of such dangerous litter or has paid for its actual removal, the actual cost thereof, plus accrued interest at the rate of six percent 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 bill forwarded to such owner by the City, and the charge shall be due and payable by the owner at the time of payment of such bill.
D. Where the full amount due the City is not paid by such owner within 45 days after the disposal of such litter as provided for in subsections (A) and (B) of this section, the Property Maintenance Facilitator shall cause to be recorded in the office of the County Auditor 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 recording 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 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 10 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 of this chapter shall be prima facie evidence that all legal formalities have been complied with and that the work has been proper and satisfactory, 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. [Ord. 1980 § 4, 1999; 1956 Code § 8-501, § 21.]
8.08.200 Violations – Penalties.
In addition to the provisions of SMC 8.08.190, any person violating any provision of this chapter shall be deemed to have committed a civil infraction and shall be assessed the monetary penalty authorized pursuant to SMC 1.16.010, including restitution as determined appropriate by the Court. [Ord. 2018 § 7, 2000.]