Rialto Municipal Code Ch. 8.20 Litter Receptacles

For purposes of this chapter, the following terms shall have the following meanings unless it is clear from the context that a different meaning is intended:

"Drive-in restaurant" means a restaurant that sells food products for immediate consumption on or near a location at which parking facilities are provided for the patrons in consuming products purchased at the restaurant.

"Fast food outlet" means a restaurant that sells food products primarily on a "takeout" or "to go" basis.

"Grocery stores" includes, but is not limited to, convenience markets that sell groceries, including liquor stores.

"Litter" means all improperly discarded waste material, including, but not limited to, convenience food, beverage, and other product packages or containers constructed of steel, aluminum, glass, paper, plastic, and other natural and synthetic materials, thrown or deposited on lands and waters of the city, but not including the properly discarded waste of the primary processing of agriculture, mining, logging, sawmilling or manufacturing.

"Public place" means any area that is used or held out for use of the public whether owned and operated by public or private interests, but not including indoor areas. "Indoor area" means any enclosed area covered by a roof and protected from moisture and wind.

"Shopping centers" means a group of two or more stores that maintain a common parking lot for patrons of those stores.

"Solid waste" means all putrescible and nonputrescible solid, semisolid and liquid waste.

(Ord. 1211 (part), 1994)

Due to the climatic condition of high winds, increasing population, the proliferation of eating establishments which encourage outside consumption of food products by the public, the increase in litter in shopping centers, and the increasing problem of litter remaining on property owned and operated by public or private interests without proper containment, the council finds and declares that such improper containment of litter constitutes a public nuisance which is hazardous to fire, safety, health or welfare.

(Ord. 1211 (part), 1994)

A. It shall be the responsibility of any person owning or operating any establishment or public place in which litter receptacles are required by any ordinance, resolution or regulation of the city to procure, place and maintain such receptacles at his/her own expense on the premises in accordance with the provisions of the chapter.

B. The responsibility for removal of litter from receptacles placed on publicly owned places shall remain with the public agencies. Removal of litter from receptacles placed on private property shall remain with the owner of the property or, in cases where the owner is not in actual possession of the premises, with the tenant thereof.

(Ord. 1211 (part), 1994)

A. Litter receptacles shall be placed in all public places of the city, including, but not limited to the following:

1. Drive-in restaurants and fast food outlets;

2. Gasoline service stations and auto parts stores;

3. Shopping centers;

4. Grocery stores;

5. Airport flight and takeout areas;

6. Airport tie-down, hanger and fueling stations;

7. Parks and campgrounds;

8. Outdoor parking lots which have a capacity of fifty or more automobiles and which are contiguous to public places listed in this section.

B. The council may further define "public place" by specifying in its resolutions or regulations particular other types of places that are subject to the requirements of this section.

C. Litter receptacles need be placed in such public places only during times such places, or events held at them, are open to the public.

(Ord. 1211 (part), 1994)

This chapter is not the exclusive regulation of litter within the city. It supplements and is in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction.

(Ord. 1211 (part), 1994)

Placement of litter receptacles shall be in conformance with laws, ordinances, resolutions, regulations and conditional use permits pertaining to fire, safety, public health or welfare.

(Ord. 1211 (part), 1994)

Except as otherwise provided for herein, the provisions of this chapter shall be administered and enforced by the city administrator who may from time to time delegate all or any portion of the duties hereunder to his duly authorized agents. In the enforcement of this chapter such agents may enter upon private or public property to examine said property with regard to litter receptacles, and the lack thereof, and the improper containment of litter declared to be a nuisance pursuant to this chapter.

(Ord. 1211 (part), 1994)

A. No person shall damage, deface, abuse or misuse any litter receptacle so as to interfere with its proper function or to detract from its proper appearance.

B. No person shall deposit leaves, clippings, prunings or gardening refuse in any litter receptacle required pursuant to this chapter.

C. No person shall deposit household solid waste in any litter receptacle required pursuant to this chapter. However, this subdivision does not mean that wastes of food consumed on premises at any public place may not be deposited in litter receptacles.

(Ord. 1211 (part), 1994)

Any person violating any of the provisions of this chapter is guilty of an infraction, and upon conviction thereof shall be liable to punishment by a fine of not less than one hundred dollars nor more than one thousand dollars upon the first conviction, not less than two hundred dollars nor more than one thousand dollars upon the second conviction, and not less than three hundred dollars nor more than one thousand dollars upon the third or subsequent conviction.

(Ord. 1211 (part), 1994)