Article V: Anti-Litter
27-5-1 DEFINITIONS. For the purpose of this Article, the following terms, phrases, words, and their derivations shall have the meaning given herein:
“AIRCRAFT” is any contrivance now known or hereafter invented, used, or designed for navigation or for flight in the air. The word “aircraft” shall include helicopters and lighter-than-air powered craft and balloons.
“AUTHORIZED PRIVATE RECEPTACLE” is a container of water-tight construction with a tight-fitting lid or cover capable of preventing the escape of contents within. Such receptacles shall have handles or other means for safe and convenient handling and be of such size of sufficient capacity to hold all litter generated between collection periods and shall be in compliance with the regulations promulgated.
“CONSTRUCTION SITES” means any private or public property upon which repairs to existing buildings, construction of new buildings, or demolition of existing structures is taking place.
“HANDBILL” is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed matter of literature which is not delivered by the United State mail service, including, but not limited to those which:
(A) Advertise for sale any merchandise, product, commodity or thing; or
(B) Direct 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
(C) Direct attention to or advertise 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.
“LITTER” is garbage, refuse, and rubbish and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
“LOADING AND UNLOADING DOCK” means any dock space or area used by any moving vehicle for the purpose of receiving, shipping and transporting goods, wares, commodities and persons located on o adjacent to any stream, river, or land.
‘PRIVATE PREMISES” means all property including, but not limited to, vacant land or any land, building or other structure designed or used for residential , commercial, business, industrial, institutional or religious purposes, together with any yard, grounds, walk, driveway, fence, porch, steps, vestibule, mailbox, and other structure appurtenant thereto.
“PUBLIC PLACE” means any and all streets, sidewalks, boulevards, alleys or other public ways, lakes, rivers, watercourses, or fountains and any and all public parks, squares, spaces, grounds, and buildings.
“PUBLIC RECEPTACLES” means any receptacles provided by or authorized by the Village.
“VEHICLE” is every device in, upon, or by which any person or property is of may be transported or drawn upon land or water, including devices used exclusively upon stationary rails or tracks.
27-5-2 LITTERING PROHIBITED. No person shall deposit any litter within the Village, except in public receptacles, in authorized private receptacles for collection, or in any duly licensed disposal facility.
27-5-3 PREVENTION OF SCATTERING. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent liter form being carried or deposited by the elements upon any public place or private premises.
27-5-4 RECEPTACLES – UPSETTING OR TAMPERING. No person shall upset or tamper with a public or private receptacle designed or used for the deposit of litter or cause or permit its contents to be deposited or strewn in or upon any public place or private premises.
27-5-5 SIDEWALKS AND ALLEYS FREE FROM LITTER. Persons owning, occupying, or in control of any public place or private premises shall keep the sidewalks and alleys adjacent thereto free of litter.
27-5-6 OWNER TO MAINTAIN PRIVATE PREMISES.
(A) The owner or person in control of any private premises shall, at all times, maintain the premises free of litter.
(B) The owner or person in control of private premises shall, if public receptacles are unavailable, 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 public place or private premises.
27-5-7 LITTERING FROM VEHICLES.
(A) No person, while the operator of or passenger in a vehicle, shall deposit litter upon any public place or private premises.
(B) No person shall drive or move any loaded or partly loaded truck or other vehicle within the Village, unless such vehicle is so constructed or loaded as to prevent any part of its load, contents or litter from being blown or deposited upon any public place or private premises. Nor shall any person drive or move an vehicle or truck within the Village, the wheels or tires of which carry onto or deposit in any public place or private premises, mud, dirt, sticky substances, litter or foreign matter of any kind.
27-5-8 LITTERING FROM AIRCRAFT. No person in an aircraft shall throw out, drop or deposit any litter with the Village.
27-5-9 LITTER IN PARKS. No person shall deposit litter in any park within the Village, except in receptacles and in such a manner that the litter will be prevented form being carried or deposited by the elements upon any part of the park or upon any other public place or private premises. Where receptacles are not provided, all such litter shall be removed from the park by the person responsible for its presence and properly disposed of elsewhere in a lawful manner.
(A) Public Places. No person shall deposit or sell any handbill in or upon any public place, provided, however, that it shall not be unlawful on any public place for any person to hand out or distribute without charge to the receiver, any handbill to any person willing to accept it.
(B) Private Premises. No person shall deposit or unlawfully distribute any handbill in or upon private premises, except by handing or transmitting any such handbill directly to the occupant of such private premises. Provided, however, that in case of private premises which are not posted against the receiving of handbills or similar material, such person, unless requested by anyone upon such premises not to do so may securely place any such handbill in such a manner as to prevent such handbill from being deposited by the elements upon any public place or other private premises, except mailboxes may not be so used when prohibited by federal postal law or regulations.
(C) Exemptions for Newspapers and Political Literature. The provisions of this section shall not apply to the distribution upon private premises only of newspapers or political literature; except that newspapers and political literature shall be placed in such a manner as to prevent their being carried or deposited by the elements upon any public place or other private premises.
(D) Placing Handbills on Vehicles. No person shall deposit any handbill in or upon any vehicle unless the occupant of a vehicle is willing to accept it.
(E) Cleanup. It shall be the responsibility of any person distributing handbills to maintain the area which they are utilizing free of any litter caused by or related to said handbill distribution.
27-5-11 POSTING NOTICES PROHIBITED. No person shall post or affix any notice, poster, or other paper or device, calculated to attract the attention of the public upon any public place, except as may be authorized or required by law. No person, except the owner or tenant shall post any such notice on private property without the permission of the owner or tenant.
27-5-12 CONSTRUCTION SITES.
(A) Each contractor shall be responsible for the job site so that litter will be prevented form being carried or deposited by the elements upon any public place or other private premises.
(B) Litter or other debris, including dirt and mud, deposited as the result of normal construction process upon any public place or private premises, shall be removed by the contractor.
27-5-13 LOADING AND UNLOADING DOCKS. The person owning, operating or in control of a loading or unloading dock shall maintain private receptacles for collection of litter, and shall, at all times, maintain the dock area free of litter in such a manner that litter will be prevented form being carried or deposited by the elements upon any public place or other private premises.
27-5-14 PARKING LOTS.
(A) Litter Receptacles Required. Any public place or private premises containing any provision for parking vehicles shall be equipped with litter receptacles in compliance with this section. Such premises shall include, but not be limited to such places as shopping centers, outdoor theaters, drive-in restaurants, gasoline service stations, apartment developments, parking lots, and any other place where provision is made for vehicles to stop or park in a designated area for any purpose.
(B) Number of Receptacles. All premises having parking lots shall provide in an easily accessible location, a minimum of 1 refuse container for every 50 parking spaces.
(C) Specifications. Litter receptacles shall have tight fitting lids or tops and shall be weighted or attached to the ground or other fixed structures as necessary to prevent spillage. A minimum container size of 20 gallons or 75.7 liters shall be used.
(D) Cleanliness. Premises used for the purpose designated herein shall be kept in a litter-free condition and all litter shall be removed periodically form the receptacles.
(E) Obligation to Use Receptacles. It shall be the duty and obligation of all persons using parking areas to use such litter receptacles as hereinabove provided for the purposes intended and it shall be unlawful for any person or persons to deposit any litter upon any such parking lot.
27-5-15 CLEARING OF LITTER FROM OPEN PRIVATE PROPERTY BY VILLAGE. The procedure for the removal of litter from private premises and the charging of expense thereof as a lien upon such property to be collected shall be in accordance with the state statutes. The Superintendent of Utilities and the Mayor shall be responsible for the implementation of this enforcement program.