Article 6 — Litter

It is unlawful for any person to throw, discard, place or deposit litter in any manner or any amount on any public or private property within the city, except in containers or in lawfully established dumping grounds.

(Ord. 701-2000 § 1(part)).

It is unlawful for any person, whether driver or passenger in a vehicle, to throw or deposit litter in any manner or amount upon any street or other public or private property within the city.

(Ord. 701-2000, § 1 (part))

It is unlawful for any person to sweep, blow, place or use any other method to deposit in any gutter, street or other public place within the city, the accumulation of litter from any building or lot. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

(Ord. 771-2007, § 2; Ord. 701-2000, § 1 (part))

It is unlawful for any person to deposit household solid waste in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians.

(Ord. 701-2000, § 1 (part))

It is unlawful for any owner, manager or employee of a commercial establishment or institution to deposit solid waste from that establishment or institution in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians.

(Ord. 701-2000)

A. Procedures. The accumulation of litter on private property is declared to be a public nuisance. If the owner or person in control of any private property in the city falls to remove all litter which is located on the property after due warning or citation, the city shall issue a notice to remove the litter. The abatement procedure shall be through the city's enforcement officer who shall utilize the procedure set forth in Sections 8.10.090 through 8.10.120, inclusive, of this Code. The notice shall contain a description of the property and state that, if the litter condition is not corrected within ten days, the property will be cleaned by the city and the owner will be billed for the cleanup cost. Any authorized city employee or contracting agent is expressly authorized to enter upon private property to remove accumulated litter. It is unlawful for any person to interfere, hinder or refuse to allow an authorized city employee(s) or contracting agent to enter upon private property for such purpose and to remove litter in accordance with the provisions of this article. Any person owning, occupying, renting, managing, leasing or controlling real property in the city shall have the right to remove litter or have the same removed at his or her own expense any time prior to the arrival of the city for such purpose.

B. Assessment of costs.

1. The City Administrator shall keep an account of the cost of the city to remove the litter as provided for each separate lot or parcel of land, and shall place such account in a report and assessment list to be sent to the City Council. The report shall identify each separate lot or parcel of land, and shall state the cost proposed to be assessed against it. The report shall be filed with the City Clerk. The City Clerk shall mail a notice to each name of the assessment list. The notice shall contain the following:

• a. The cost of the litter removal;

• b. The place and time of the City Council hearing to consider and confirm the assessment report and list;

• c. That failure to make any objection to the report and list shall be deemed a waiver; and

• d. That, upon confirmation by the City Council, the amount of the assessment shall be payable.

2. The assessments shall be confirmed by resolution of the City Council, and the amount shall constitute a lien on the property assessed until paid.

(Ord. 701-2000, § 1 (part))

It shall be the duty of the owner, agent or contractor in charge of any construction or demolition site to have on the site adequate containers for the disposal of litter, and to make appropriate arrangements for the collection or transport to an authorized facility for final disposition.

(Ord. 701-2000, § 1 (part))

It is unlawful for any person to transport any loose cargo by truck or other motor vehicle within the city unless the cargo is covered and secured in such manner as to prevent depositing of litter on public and private property.

(Ord. 701-2000, § 1 (part))

This article may be enforced by the police department, the fire department, and employees of the public works department, as authorized by the director of public works.

(Ord. 701-2000, § 1 (part))