Morgan Hill Municipal Code Ch. 8.16 Litter

The ordinance codified in this chapter shall be known and may be cited as the "City of Morgan Hill Anti-Litter Ordinance."

(Ord. 105 N.S. § 1, 1959)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as set forth in this section. When not inconsistent with the text, 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. 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. The term "aircraft" means and includes helicopters and lighter-than-air dirigibles and balloons.

B. "Authorized private receptacle" means a litter storage and collection receptacle as required and authorized in the city garbage collection ordinance.

C. "City" means the city of Morgan Hill, California.

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, products, 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 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; but the terms of this chapter 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 chapter 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 advertising 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. "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.

G. "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 issues per year, and sold to the public.

H. "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.

I. "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.

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

K. "Private property" means any dwelling, house, premises, building or other structure, designed to be used either wholly or in part for private residential, commercial, industrial or open space purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

L. "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.

M. "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.

N. "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.

O. "Vehicle" means every device in, upon or by which any person shall or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

(Ord. 1306 N.S. § 1, 1996; Ord. 105 N.S. § 2, 1959)

The provisions and procedures of this chapter are an alternative to the procedures set forth in Chapter 13, Part 2, Division 3, Title 4 of the California Government Code.

(Ord. 105 N.S. § 22, 1959)

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. 105 N.S. § 19, 1959)

No person shall throw or deposit litter on any occupied private property within the city, whether 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 private property.

(Ord. 105 N.S. § 18, 1959)

No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the city except in public receptacles or in authorized private receptacles for collection, or in official city dumps. No person shall deposit or cause to be deposited in any city owned receptacle located in a public place the garbage or litter which was accumulated in the residence or place of business occupied by such person.

(Ord. 105 N.S. § 3, 1959)

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. 105 N.S. § 4, 1959)

No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the city 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 city shall keep the sidewalk in front of their business premises free of litter.

(Ord. 105 N.S. § 6, 1959)

No person shall sweep into or deposit in any gutter, street or other public place within the city 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 sidewalk in front of their premises free of litter.

(Ord. 105 N.S. § 5, 1959)

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

(Ord. 105 N.S. § 20, 1959)

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

(Ord. 105 N.S. § 7, 1959)

No person shall drive or move any truck or other vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.

(Ord. 105 N.S. § 8, 1959)

No person shall throw or deposit litter in any park within the city except in public receptacles and in such 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 its presence and properly disposed of elsewhere as provided in this chapter.

(Ord. 105 N.S. § 9, 1959)

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

(Ord. 105 N.S. § 10, 1959)

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.

(Ord. 105 N.S. § 17, 1959)

A. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handling or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted, as provided in 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 as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.

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

(Ord. 105 N.S. § 15, 1959)

No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on such premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisements" or any similar notice, indicating in any matter that the occupants of such premises do not desire to be molested, or have their right of privacy disturbed, or to have any such handbills left upon such premises.

(Ord. 105 N.S. § 14, 1959)

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.

(Ord. 105 N.S. § 13, 1959)

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 shall not be 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. 105 N.S. § 11, 1959)

No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall be unlawful, in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.

(Ord. 105 N.S. § 12, 1959)

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

(Ord. 105 N.S. § 16, 1959)

All police officers, the health officer and his duly appointed deputies, and the fire chief of the city are empowered to enforce the provisions of this chapter and to issue citations or make arrests for violations thereof.

(Ord. 105 N.S. § 21, 1959)

It is unlawful for any person to violate any of the provisions of this chapter.

(Ord. No. 2276 N.S., § 26, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 26, adopted May 2, 2018, amended § 8.16.230 in its entirety to read as herein set out. Former § 8.16.230 pertained to violation—penalty and derived from Ord. 105 N.S., § 23, adopted in 1959; and Ord. 1192 N.S., § 11, adopted in 1994.