Chapter 8.64 — LITTER CONTROL

This chapter shall be known as the "littering ordinance" of the city.

(Ord. 4581 § 1, 1962)

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future; the plural number includes the singular number; and words used in the singular number include the plural. The word "shall" is always mandatory and not merely directory.

A.

"City" means the City of Pasadena.

B.

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

C.

"Litter" means garbage, refuse and rubbish as defined herein and all other material which, if thrown, deposited or allowed to accumulate as herein prohibited, tends to create a danger to the public health, safety and welfare, and which is not within a receptacle provided therefor. "Litter" shall also mean any solid, liquid or semisolid substance or matter which is thrown, propelled, tossed, hurled or dropped upon any public place or sidewalk, or at or upon any person, animal or vehicle which is

then participating in a "special event" as defined in Section 2.33.010. "Litter" shall also mean any unsolicited written material, as defined in Section 9.44.010, that is distributed in violation of Section 9.44.040.

D.

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

E.

"Private premises" means any private property, together with any structure thereon, whether inhabited or temporarily or continuously uninhabited or vacant, including the yard, grounds, walks, driveway, porch, steps, vestibule or entryway thereof and any off-street parking area.

F.

"Public place" means any and all public streets, sidewalks, gutters, boulevards, alleys or other public rights-of-way and any and all public buildings, parks, squares, grounds and publicly owned off-street parking area.

G.

"Refuse" means all putrescible and nonputrescible solid wastes (except body waste) including garbage, rubbish, ashes, street cleanings, dead animals, and solid market and industrial wastes.

H.

"Rubbish" means nonputrescible solid waste consisting of both combustible and noncombustible wastes including, but not limited to, paper, wrappings, cardboard, tin cans, yard clippings, leaves, dirt (other than the natural soil, in place), wood, glass, bedding, crockery and similar materials.

I.

"Sidewalk" means any surface provided primarily for the use of pedestrians within the city.

(Ord. 6756 § 5, 1998; Ord. 6494 § 2, 1992; Ord. 4581 § 2, 1962)

(Ord. No. 7348, § 4, 6-10-2019)

No person shall throw, deposit or accumulate litter in or upon any public place or private premises as hereinbefore defined within the city, except while such person is temporarily engaged in clearing the public place or private premises of litter or improving the public place or private premises.

(Ord. 4581 § 3, 1962)

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

(Ord. 4581 § 4, 1962)

Persons owning or occupying private premises within the city shall keep the public place abutting or adjacent to said premises free of litter, except while such person is temporarily engaged in clearing the public place and adjacent private premises of litter or improving the public place or private premises. No person owning, occupying or controlling private

premises shall sweep into or deposit in any public place within the city the accumulation of litter from any private premises or public place.

(Ord. 4581 § 5, 1962)

The director of public works is authorized and empowered to notify the owner, his agent, or person in control of any private premises within the city, to dispose of litter on such premises or upon the public places abutting or adjacent to such premises. Such notice shall be given by posting the private premises and by certified mail addressed to said owner, his agent, or such other person at his last known address, or by personal service on the owner, agent, person in control or occupant of the property.

(Ord. 5024 § 1 (part), 1971; Ord. 4581 § 6(a), 1962)

The notice shall describe the work to be done and shall state that if the work is not commenced within a specified time after receipt of notice and diligently prosecuted to completion without interruption, the director of public works shall cause the disposal of the litter and the cost thereof shall be a lien on the property. The notice shall be in substantially the following form:

NOTICE TO REMOVE LITTER

The owner in control of the property described as follows:

---

commonly known as ___________ is hereby ordered to properly dispose of the litter located on said property, to wit, _______ within _____ days/hours from the date hereof. If the disposal of the litter is not commenced and diligently prosecuted to completion within the time fixed herein, the Director of Public Works of the City of Pasadena shall cause such disposal to be done and the charge therefor shall be made a lien upon said property, pursuant to the provisions of Ordinance No. 4581 of the City of Pasadena.

Charge for disposal $_____

Dated________

---

Director of Public Works"

The time specified shall be determined as follows: Where notice has been given by personal service on the owner or his agent, and where disposal can be effected by broomsweeping or hosing and charge for disposal will be $50.00 or less, 24 hours shall be allowed; in all other cases the notice shall specify 5 days for commencement of the work.

(Ord. 5024 § 2, 1971: Ord. 4581 § 6(b), 1962)

The director of public works shall cause to be kept in his office a permanent record containing:

A.

A description of each parcel of property for which notice to dispose of litter has been given;

B.

The name of the owner, if known;

C.

The date on which the notice was mailed and posted;

D.

The charges incurred by the city in disposing of the litter, and all incidental expenses in connection therewith; and

E.

A brief summary of the work performed. Each such entry shall be made as soon as practicable after completion of such act.

(Ord. 5024 § 1 (part), 1971; Ord. 4581 § 6(c), 1962)

Upon the failure, neglect or refusal of any owner or agent to properly dispose of litter within the time specified in the notice to remove litter, the director of public works shall pay for the disposal of such litter out of city funds or order its disposal by city forces. The director of public works and his authorized representatives, including any contractor with whom he contracts hereunder, and assistants, employees or agents of such contractor, are authorized to enter upon said property for the purpose of disposing of the litter described in the notice. Before the director of public works or contractor arrives, any property owner may dispose of the litter at his own expense.

(Ord. 5024 §§ 1 (part), 3, 1971; Ord. 4581 § 6(d), 1962)

When the city has effected the removal of the litter or has paid for its removal, it shall charge the owner of the property the amount set forth in the notice to remove litter, and shall bill the owner or his agent therefor by mail if not paid prior thereto. The bill shall apprise the owner that failure to pay the bill will result in a lien. The charge to the owner specified in the notice shall be determined by the director of public works and shall be reasonably related to the cost to the city to perform the work.

(Ord. 5024 § 4, 1971: Ord. 4581 § 6(e), 1962)

From and after the date of entry in the permanent record of the amount charged by the city for said disposal, said charges shall become a lien against the posted property.

(Ord. 5024 § 5, 1971: Ord.4581 § 6(f), 1962)

A.

Between January 1st and 5th of each year, the director of public works shall cause a notice to be published, for which a charge, as established by resolution adopted by the board of directors, shall be collected in the same manner and at the same time as the charges hereunder which amount shall be paid into the city treasury and credited to the general fund.

B.

The notice shall state that any person affected or aggrieved by any act or determination of the director of public works or of the board of directors made or done hereunder during the preceding year ending November 30th, for which charges remain unpaid, may at any time prior to January 20th appeal therefrom to the board of directors.

C.

The notice shall be published once in a newspaper of general circulation in the city and shall also state that payment of charges made for removal of litter hereunder will be delinquent after 5 p.m. on February 5th following the date of publication of the notice, and that a penalty of 10 percent of charges plus cost of publishing the notice will be imposed thereon for nonpayment after hearing and adjustment by the board of directors of all appeals.

D.

Appeals shall be in writing and filed with the city clerk. The board of directors shall proceed to hear and pass upon such appeals at the next regular meeting of the board after January 20th.

E.

The director of public works shall carry out any directions of the board made upon determination of such appeals, and he shall cause appropriate corrections and entries to be made in his permanent record to conform therewith.

F.

Unless the charges constituting the lien provided for in Section 8.64.110 are paid in full before 5 p.m. on February 5th following the date of publication of the notice, a penalty of 10 percent of the amount of the lien and the notice publishing charge shall be added to the charges and become a part of the lien.

(Ord. 5568 §§ 24, 25, 1982; Ord. 5024 § 6 (part), 1971: Ord. 4581 § 7, 1962)

On or before August 15th of each year, the director of public works shall deliver to the city controller an abstract of all unpaid charges in the permanent record for the preceding calendar year ending November 30th. Such abstract shall show the property affected and the amount charged against the same pursuant to the provisions of this chapter. The city controller shall thereupon note the amount of each such lien on the assessment roll for the city taxes against the respective parcels charged and thereafter the amount of each such lien shall be collected in the same manner, at the same time and be subject to the same additional penalties as are established for the payment of general city taxes. Any and all charges hereunder made against any parcel of land which shall have been paid prior to the delivery to the city controller of such abstract shall be noted by an appropriate entry in the permanent record by the director of public works indicating that such charge has been so paid.

(Ord. 5024 § 7, 1971: Ord. 4581 § 8, 1962)

Every person as herein defined who violates any of the provisions of this chapter is guilty of a misdemeanor. Upon conviction thereof, he shall be punishable by a fine not to exceed $500.00, or by imprisonment in the city jail not to exceed 6 months, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this chapter occurs or continues constitutes a separate offense and upon conviction thereof shall be punishable as herein provided.

(Ord. 5024 § 6 (part), 1971; Ord. 4581 § 9, 1962)