San Bernardino Municipal Code Ch. 8.15 Litter

Section

Statutory reference:

For provisions on littering, see Cal. Penal Code, §§ 374, 374.3 and 374.4

The ordinance codified in this chapter shall be known and may be cited as the “Anti-Litter Ordinance.”

(Ord. 2732, passed 4-5-1966)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, 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.

AIRCRAFT. Any contrivance now known or hereafter invented, used or designed for navigation or for flight in the air. AIRCRAFT shall include helicopters, lighter-than-air powered craft and balloons.

CITY. The City of San Bernardino.

COMMERCIAL HANDBILL. 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, product, commodity or thing;

(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;

(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 clause 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 has taken 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 clause 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 this state, or under any ordinance of this city; or

(4) Which, while containing reading matter other than advertising matter, is predominately 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. Table refuse, swill and offal, and every accumulation of animal, vegetable and other matter that attends the preparation, consumption, decay or dealing in or storage of meat, fish, fowl, fruit and includes all animal and vegetable refuse from kitchens and all household waste that has been prepared from or intended to be used as food, or has resulted from the preparation of food and also includes all vegetable trimmings from markets or stores. Articles and things not hereinbefore enumerated are not included in the term GARBAGE: dead animals over five pounds in weight, dish or wastewater, paper and other combustible or inflammable material, crockery, glass, cans, tins, ashes, wire and sweepings and like materials.

LITTER. Garbage, refuse and rubbish, as defined in this section, and including, but not limited to, animal excrement, and in addition, all other waste material, if thrown or deposited as prohibited in this chapter, which tends to create a public nuisance.

NEWSPAPER. 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, and any current periodical or newspaper which has not been adjudicated as a newspaper of general circulation pursuant to Cal. Gov’t Code, Title 1, Division 7, Chapter 1, but which is nevertheless printed, published and circulated at regular daily, weekly or monthly periods and which devotes at least 15% of its printed matter to news subjects.

NON-COMMERCIAL HANDBILL. 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. Any public area, owned or used by the city, devoted to active or passive recreation, including, but not limited to, a reservation, playground, recreation center or any other public area in the city.

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

PRIVATE PREMISES. 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, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

REFUSE. All putrescible and non-putrescible solid wastes, except body wastes, including, but not limited to, garbage, rubbish, ashes, residue from street cleaning, dead animals, abandoned automobiles and solid market and industrial wastes.

RUBBISH. Non-putrescible solid wastes consisting of both combustible and non-combustible wastes, including, but not limited to, paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, wood, glass, plastic, cloth, bedding, crockery and similar materials.

(Ord. 2732, passed 4-5-1966; Ord. 2747, passed 5-24-1966; Ord. MC-1194, passed 5-3-2005)

It is unlawful for any person to 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.

(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985)

Statutory reference:

Definition of rubbish, see In re Pedrosian (1932) 124 Cal. App. 692, 694, 698

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.

(Ord. 2732, passed 4-5-1966)

It is unlawful for any person to 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. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985)

It is unlawful for any person to throw or deposit litter in any park within the city 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 its presence and properly disposed of elsewhere.

(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985)

It is unlawful for any person to throw or deposit any commercial or non-commercial handbill in or upon any sidewalk, street or other public place within the city. It is unlawful for any person to hand out or distribute or sell any commercial handbill in any public place; provided, however, that it is not 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 non-commercial handbill to any person willing to accept it.

(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985)

It is unlawful for any person to throw or deposit any commercial or non-commercial handbill in or upon any vehicle; provided, however, that it is lawful in any public place for a person to hand out or distribute without charge to the receiver thereof a non-commercial handbill to any occupant of a vehicle who is willing to accept it.

(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985)

It is unlawful for any person to throw or deposit any commercial or non-commercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985)

It is unlawful for any person to throw, deposit or distribute any commercial or non-commercial handbill upon any private premises, if required by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words “no trespassing,” “no peddlers or agents,” “no advertisement” or any similar notice, indicating in any manner that the occupants of the 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. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985)

It is unlawful for any person to throw, deposit or distribute any commercial or non-commercial 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, 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, shall have the authority to 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. The provisions of this section shall not apply to the distribution of mail by the United States or to newspapers.

(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985)

It is unlawful for any person in an aircraft to throw out, drop or deposit any object within the city.

(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985)

[Reserved]

(Repealed by Ord. MC-1343, passed 12-20-2010)

It is unlawful for any person to 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 private property.

(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985)

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 receptacles for collection.

(Ord. 2732, passed 4-5-1966)

It is unlawful for any person to throw or deposit litter on any open or vacant private property within the city whether owned by such person or not.

(Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985)

(A) Any person, firm or corporation violating or causing or permitting the violation of any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(B) Any officer authorized by law to enforce the municipal code and any person authorized by Chapter 9.90 may enforce this chapter.

(Ord. 2732, passed 4-5-1966; Ord. 3703, passed 2-9-1978; Ord. MC-254, passed 3-9-1983; Ord. MC-460, passed 5-15-1985; Ord. MC-1194, passed 5-3-2005)