Brisbane Municipal Code Ch. 8.16 Litter—handbill Distribution

The ordinance codified in this chapter shall be known and may be cited as the "Brisbane antilitter ordinance."

(Ord. 39 § 1, 1962).

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given therein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number, and words in the masculine gender shall include the feminine and neuter genders. The word "shall" is always mandatory and not merely directory.

A. "Aircraft" means any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. Aircraft includes helicopters and lighter-than-air dirigibles and balloons.

B. "Authorized private receptacle" means a litter storage and collection receptacle as may be authorized or required by ordinances of the city.

C. "City" means the city of Brisbane.

D. "Commercial handbill" means 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:

1. Which advertises for sale any merchandise, product, commodity, or thing; or

2. Which 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. Which directs attention 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 subdivision 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, when 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 subdivision 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 the state, or under any ordinance of the city; or

4. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertisement purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

E. "Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

F. "Handbill distribution" is to protect the people against the health and safety menace and the expense incident to the littering of the streets and public places by the promiscuous and uncontrolled distribution of advertising matter and handbills during such absence.

G. "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.

H. "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 (4) issues per year, and sold to the public.

I. "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 aforesaid definitions of a commercial handbill or newspaper.

J. "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.

K. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.

L. "Private premises" means any dwelling, house, building, or other structure designated or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure, and any vacant lot or other private property.

M. "Public place" means any and all streets, sidewalks, boulevards, avenues, lanes, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

N. "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.

O. "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.

P. "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.

(Ord. 39 § 2, 1962).

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.

(Ord. 39 § 4, 1962).

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 is not 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.

(Ord. 39 § 10, 1962).

It is unlawful for any person to distribute, deposit, scatter, hand out or circulate any commercial or noncommercial handbill in any place, under any circumstances, which does not have printed on the cover, front or back thereof, the name and address of the person who caused the same to be distributed; provided, however, that in the case of a fictitious person or club, in addition to such fictitious name, the true names and addresses of the owners, managers or agents of the person sponsoring the handbill shall also appear thereon.

(Ord. 39 § 16, 1962).

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.

(Ord. 39 § 20, 1962).

The city manager-clerk or his or her designee 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 inform the owner or agent that should the litter not be removed as in the notice required, then it will be removed by the city and cost of the removal shall in accordance with this chapter be assessed as a lien on the property to be collected with the next regular tax bill. Such notice shall be by certified mail, addressed to the owner at his last known address, as revealed by the tax rolls, and such additional address as may be known by the city manager-clerk or his or her designee, and he or she shall post a copy of the notice or consent to be posted in a conspicuous place on the property to be cleared of litter.

(Ord. 381 § 1, 1992: Ord. 39 § 22(a), 1962).

Upon failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety and welfare within thirty (30) days after receipt of written notice provided for in Section 8.16.070, or within thirty (30) days after the date of such notice in the event the same is returned to the city manager-clerk or his or her designee because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, as provided in Section 8.16.070, or agent, the city manager-clerk or his or her designee is authorized and empowered to pay for the disposing of such litter or to order its disposal by the city.

(Ord. 381 § 2, 1992: Ord. 39 § 22(b), 1962).

When the city has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent (6%) 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 tax bill forwarded to such owner, and the charge shall be due and payable by the owner at the time of payment of such bill.

(Ord. 39 § 22(c), 1962).

Where the full amount due the city is not paid by such owner within thirty (30) days after the disposal of such litter, as provided for in Sections 8.16.070 and 8.16.080, then, and in that case, the city manager-clerk or his or her designee shall cause to be recorded in the county recorder's office 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 recordation of such sworn statement shall constitute a lien 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. The 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 six percent (6%) in the event same is not paid in full on or before the tax bill date upon which the charge appears to become delinquent. Sworn statements recorded in accordance with the provisions of this section shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, 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. 381 § 3, 1992: Ord. 39 § 22(d), 1962).

The ordinance codified in this chapter shall not be deemed to repeal, amend or modify any ordinance ever ordained, either prohibiting, regulating or licensing solicitors, canvassers, hawkers, peddlers, transient merchants, or any person, using the public streets or places for any private business or enterprise, or for commercial sales, not covered in this chapter.

(Ord. 39 § 23, 1962).

The violation of any of the provisions of this chapter shall constitute an infraction, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code.

(Ord. 39 § 24, 1962).

(Ord. No. 554, § 18, 1-18-11)