§ 14-5. Litter control.

(a)

Definitions. For purposes of this section:

Containers are city manager approved metal, heavy-duty paper or plastic receptacles used for the disposal and storage of solid waste.

Litter is any quantity of paper, metal, plastic, glass or miscellaneous solid waste which may be classified as trash, debris, rubbish, refuse, garbage, junk, or yard waste matter that is not confined to a container.

Private property includes, but is not limited to, the following exterior locations owned by private individuals, firms, corporations, institutions or organizations: Yards, grounds, driveways, entranceways, passageways, parking areas, working areas, storage areas, vacant lots and recreation facilities.

Public property includes, but is not limited to, the following exterior locations: Streets, street medians, roads, road medians, catch basins, railroad rights-of-way, sidewalks, lanes, alleys, public rights-of-way, public parking lots, school grounds, municipal housing project grounds, municipal vacant lots, parks, beaches, playgrounds, other publicly-owned recreation facilities, and municipal waterways and bodies of water.

(b)

Regulations.

(1)

Pedestrians and motorists:

a.

It shall be unlawful for any person to throw, discard, place or deposit litter in any manner or amount on any public or private property within the corporate limits of the city, except in containers or areas lawfully provided therefore;

b.

In the prosecution charging a violation of subsection (b)(1)a. from a motor vehicle, proof that the particular vehicle described in the complaint was the origin of the litter, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of said vehicle, shall constitute in evidence a presumption that the registered owner was the person who committed the violation;

c.

It shall be the duty of every person distributing commercial handbills, leaflets, flyers or any other advertising and information material to take whatever measures that may be necessary to keep such materials from littering public or private property;

d.

It shall be unlawful for any person to dispose of garbage, refuse, solid waste, and/or special wastes in a city-owned waste container other than one under the users control or ownership without permission from the person, business, institution or organization leasing the container;

(2)

Vehicles transporting loose materials:

a.

It shall be unlawful for any person, firm, corporation, institution or organization to transport any loose cargo by truck or other motor vehicle within the corporate limits of the city unless said cargo is covered and secured in such manner as to prevent depositing of litter on public and private property;

b.

The duty and responsibility imposed by subsection (b)(2)a. shall be applicable alike to the owner of the truck or other vehicle, the operator thereof, and person, firm, corporation, institution or organization from whose residence or establishment the cargo originated.

c.

In the prosecution charging a violation of subsection (b)(2)a. lack of adequate covering and securing shall in itself constitute proof a violation has been committed;

(3)

Loading and unloading operations:

a.

Any owner or occupant of an establishment or institution at which litter is attendant to the packing and unpacking and loading and unloading of materials at exterior locations shall provide suitable containers there for the disposal and storage of such litter and shall make appropriate arrangements for the collection thereof;

b.

Further, it shall be the duty of the owner or occupant to remove at the end of each working day any litter that has not been containerized at these locations;

(4)

Construction/demolition projects:

a.

It shall be unlawful for the owner, agent or contractor in charge of any construction or demolition site to cause, maintain, permit or allow to be caused, maintained or permitted the accumulation of any litter on the site before, during or after completion of the construction or demolition project;

b.

It shall be the duty of the owner, agent or contractor to have on the site adequate containers for the disposal of litter;

c.

The owner, agent or contractor may be required at any time to show proof of appropriate collection or, if transported by himself, of final disposition at an authorized facility;

(5)

Provision for solid waste disposal and storage facilities at new buildings:

a.

Before building permits shall be issued for construction of commercial buildings and multiple-dwelling units, a plan for the adequacy, location and accessibility of solid waste containerization and storage facilities must be approved by the environmental health department;

b.

No certificate of occupancy shall be issued for said premises until the department's approval of these facilities has been obtained;

(6)

Keeping property clean:

a.

It shall be the duty of the owner, agent, occupant or lessee to keep exterior private property free of litter. This requirement applies not only to removal of loose litter, but to materials that already are, or become, trapped at such locations as fence and wall bases, grassy and planted areas, borders, embankments and other lodging points;

b.

Owners, agents, occupants or lessees whose properties face on municipal sidewalks and strips between streets and sidewalks or abutting alleys shall be responsible for keeping those sidewalks, alleys and strips free of litter;

c.

It shall be unlawful to sweep or push litter from sidewalks and strips into streets. Sidewalk and strip sweepings must be picked up and put into household or commercial solid waste containers;

d.

It shall be unlawful for the owner, agent, occupant or lessee of private property to cause, maintain, permit or allow to be caused, maintained or permitted the accumulation of any litter on the exterior of private property.

(Ord. No. 2487, 9-15-08)