Murrieta Municipal Code Ch. 8.24 Litter

For the purposes of this chapter, the following words and phrases shall have the meaning given in this chapter.

"Aircraft" means any mechanical device 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.

"Authorized private receptacle" means a litter storage and refuse collection receptacle or waste container.

"Commercial handbill" means any written or printed 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 which:

A. Advertises for sale any merchandise, products, commodity or thing; or

B. 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

C. 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.

"Garbage" means any putrescible animal, fish, fowl, food, fruit, or vegetable matter resulting from cultivation, preparation, storage, handling, decay or consumption of the substance.

"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.

"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.

"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.

"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.

"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 or in part for private residential 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.

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

"Refuse" means all putrescible and nonputrescible solid waste, except sewerage, whether combustible or noncombustible and includes garbage and rubbish.

"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.

"Vehicles" 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 tracts.

(Ord. 105 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.010)

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, being Sections 39560 through 39588.

(Ord. 105 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.020)

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 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.030)

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 disposal sites. 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 that person.

(Ord. 105 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.040)

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 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.050)

Receptacles or waste containers and trash cans, shall be stored behind the front yard setback area of a residential dwelling, and shall be obscured from public view by opaque fencing, solid fencing, vegetation, topography, or any combination thereof; except for the time allowed to place the receptacle(s) at the curb for collection by a refuse hauler, as provided in Section 8.20.030(I) of this title.

(Ord. 105 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.060)

No person owning or occupying a place of business shall sweep into or deposit into 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 premises free of litter.

(Ord. 105 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.070)

No person shall sweep into or deposit into a gutter, 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 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.080)

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 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.090)

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 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.100)

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 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.110)

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 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.120)

No persons 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 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.130)

A. No person shall distribute any commercial or noncommercial handbill on inhabited private premises, unless directly handed to an occupant of the premises or placed on the premises in a secure manner, so as not to be blown away, creating a litter problem to adjacent private or public property. Mailboxes may not be used when so prohibited by federal postal 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 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.140)

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 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.150)

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 handbill to any person willing to accept it.

(Ord. 105 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.160)

No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided however, that it shall not 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 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.170)

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

(Ord. 105 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.180)

The city manager and his or her designee, all police officers and code enforcement officers of the city are empowered to enforce the provisions of this chapter and to issue citations or make arrests for violations thereof. (Ord. 105 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.190)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding five hundred dollars ($500.00) or by imprisonment in jail not exceeding ninety (90) days, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as stated in this chapter.

(Ord. 105 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.08.200)