Los Altos Hills Municipal Code Ch. 1 Litter

This chapter shall be known as, and may be cited as, the "Los Altos Hills Anti-Litter Law."

(§ I, Ord. 51)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

Aircraft

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

Authorized private receptacle

means a litter storage and collection receptacle as required and authorized by the Town.

Commercial handbill

means any printed or written matter, sample, device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copy 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 directly or indirectly promoting the interests thereof by sales; or

(3)

Which 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; provided, however, the provisions of this subsection shall not apply where an admission fee is charged or a collection is taken 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; and provided, further, the provisions of this subsection shall not 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 of the Town; or

(4)

Which, while containing reading matter other than advertising matter, is predominantly 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.

Election sign

means any sign of a political nature which directly relates to a candidate or to a ballot issue in an election conducted by a governmental entity and which is erected on property within the jurisdictional boundaries of such election.

Garbage

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

Litter

means garbage, refuse, and rubbish, as defined in this section, and all other waste material which, if thrown or deposited as prohibited by this chapter, tends to create a danger to the public health, safety, and welfare.

Newspaper

means and include any newspaper of general circulation as defined by the laws of the State, any newspaper duly entered with the Post Office Department of the United States in accordance with Federal statutes or regulations, any newspaper filed and recorded with any recording officer as provided by general law, and any periodical or current magazine regularly published with not less than four issues per year and sold to the public.

Noncommercial handbill

means any printed or written matter, sample, device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copy of any matter of literature not included in the definition of a commercial handbill or newspaper as set forth in this section.

Park

means a park, reservation, playground, recreation center, or any other public area in the Town owned or used by the Town and devoted to active or passive recreation.

Person

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

Private premises

means any dwelling, house, building, or other structure designed or used either wholly orin part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.

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.

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.

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.

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.

(§ II, Ord. 51, as amended by § 2, Ord. 278)

No person shall throw or deposit litter in or upon any street, sidewalk, or other public place within the Town except in public receptacles, in authorized private receptacles for collection, or in official Town dumps.

(§ III, Ord. 51)

Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent the litter from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon private property.

(§ IV, Ord. 51)

(a) Property Owners. No person shall sweep into or deposit in any gutter, street, or other public place within the Town 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 sidewalks in front of their premises free of litter.

(b) Merchants. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street, or other public place within the Town 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 Town shall keep the sidewalks in front of their business premises free of litter.

(§§ V and VI, Ord. 51)

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place or upon private property within the Town.

(§ VII, Ord. 51)

No person shall drive or move any truck or other vehicle within the Town unless such vehicle is so constructed or loaded so as to prevent any load, contents, or litter from being blown or deposited upon any street, alley, or other public place.

(§ VIII, Ord. 51)

No person shall throw or deposit litter in any park within the Town 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 the litter, and such litter shall be properly disposed of elsewhere as provided in this chapter.

(§ IX, Ord. 51)

No person shall throw or deposit litter in any fountain, pond, stream, or other body of water in a park or elsewhere within the Town.

(§ X, Ord. 51)

No person in an aircraft shall throw out, drop, or deposit within the Town any litter, handbill, or other object.

(§ XVI, Ord. 51)

No person shall throw or deposit litter on any open or vacant private property within the Town, whether such property is owned by such person or not.

(§ XX, Ord. 51)

No person shall throw or deposit litter on any occupied private property within the Town, whether such property is 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 other private property.

(§ XVIII, Ord. 51)

The owner or person in control of any private property shall at all times maintain such premises free of litter; provided, however, the provisions of this section shall not prohibit the storage of litter in authorized private receptacles for collection.

(§ XIX, Ord. 51)

(a) Notices to Remove. The Building Inspector is hereby authorized and empowered to notify the owner or the agent of the owner of any open or vacant private property within the Town to properly dispose of litter located on such property which litter is dangerous to the public health, safety, or welfare. Such notice shall be by registered mail, addressed to the owner at his or her last known address.

(b) Removal. Upon the failure, neglect, or refusal of any owner or agent notified to properly dispose of litter dangerous to the public health, safety, or welfare within 10 days after the receipt of the written notice provided for in subsection (a) of this section, or within 15 days after the date of such notice in the event the notice was returned to the Town because of the inability of the Post Office to make delivery thereof, provided the notice was properly addressed to the last known address of such owner or agent, the Building Inspector is hereby authorized and empowered to pay for the disposal of such litter or to order its disposal by the Town.

(c) Charges—Bills. When the Town has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the annual rate to be set by resolution from the date ofthe completion of the work, if not paid by such owner prior thereto, shall be charged to the owner by the Town, and that charge shall be due and payable by the owner at the time of the payment of such bill.

(d) Unpaid Charges—Liens. Where the full amount due to the Town for the removal of litter is not paid by such owner within 60 days after the disposal of such litter, the Building Inspector shall cause to be recorded in the office of the County Recorder 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 and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus the costs of court, if any, for collection, until final payment has been made. Such costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquency penalty at the annual rate to be set by resolution in the event the costs and expenses are not paid in full on or before the date the tax bill upon which such costs and expenses appear becomes 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 Jaw.

(§ XXI, Ord. 51; § 7, Ord. 328, eff. October 6, 1989)

No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street, or other public place within the Town, nor shall any person hand out, distribute, or sell any commercial handbill in any public place; provided, however, it shall not be unlawful for a person to hand out or distribute on any sidewalk, street, or other public place within the Town without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.

(§ XI, Ord. 51)

No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, it shall not be unlawful for a person to hand out or distribute in any public place, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle willing to accept it.

(§ XII, Ord. 51)

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.

(§ XIII, Ord. 51)

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 private premises; provided, however, in the case of inhabited private premises which are not posted as set forth in Section 5-1.19 of 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 so as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places. Mailboxes may not be so used when prohibited by Federal postal laws or regulations.

The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers, except that newspapers shall be placed on private property in such a manner so as to prevent their being carried or deposited by the elements upon any street, sidewalk, or other public place or upon other private property.

(§ XV, Ord. 51)

No person shall throw, deposit, or distribute any commercial or noncommercial handbill upon any private premises unless requested by the owner or occupant thereof to do so.

(§ XIV, Ord. 51)

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.

(§ XVII, Ord. 51)