San Clemente Municipal Code Ch. 8.40 Litter

This chapter shall be known and may be cited as the "San Clemente Anti-Litter Ordinance."

(Prior code § 21A-1)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

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" means any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.

"City" means the City of San Clemente.

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

"Litter" means garbage, refuse and rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, 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, shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year, and sold to the public.

"Noncommercial advertisement" 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 advertisement 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, grounds, walk, driveway, porch, 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, beaches, squares, spaces, grounds and buildings.

"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.

"Rubbish" means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.

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

(Prior code § 21A-2)

A. .....No person shall sweep, throw or place any litter, paper, floor sweepings, trash, rubbish, cloth, material or waste matter of whatever character into or upon any public street, way or other public place in the City, nor shall any person scatter, daub or leave any paint, paste, glue or other similar substance upon any public street, way or other public place.

B. .....Nothing contained herein shall preclude the right of any person to place any garbage or trash in proper collection receptacles in any location permitted by this code.

(Prior code § 21A-3)

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.

(Prior code § 21A-4)

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.

(Prior code § 21A-5)

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.

(Prior code § 21A-6)

Merchants are to remove the following litter from the public right-of-way:

a. Any litter property owners or tenants produce or distribute, located in the public right-of-way within one hundred (100) feet of their property.

b. Commercial property owners or tenants shall remove all accumulated litter that abuts their commercial property. See Section 8.40.020 for a definition of the term "litter."

(Prior code § 21A-7)

(Ord. No. 1564, § 1, 3-5-2013)

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.

(Prior code § 21A-8)

No person shall drive or move any truck or other vehicle within the City unless such vehicle is constructed or loaded as to prevent any load or contents of 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 or foreign matter of any kind.

(Prior code § 21A-9)

No person shall 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 or by the person responsible for its presence and properly disposed of elsewhere.

(Prior code § 21A-10)

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

(Prior code § 21A-11)

No person shall throw or deposit any commercial or noncommercial advertisement 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 advertisement 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 advertisement to any person willing to accept it.

(Prior code § 21A-12)

Editor's note— Ord. No. 1532, § 2, adopted December 21, 2010, repealed § 8.40.130, which pertained to "Same—Placing on vehicles." See also the Code Comparative Table and Disposition List.

No person shall throw or deposit any commercial or noncommercial advertisement in or upon any private premises which are temporarily or continuously uninhabited or vacant.

(Prior code § 21A-14)

No person shall throw, deposit or distribute any commercial or noncommercial advertisement 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 Advertisement" or similar notice, indicating in any manner that the occupants of such premises do not desire to be molested or have their right of privacy disturbed, or to have any such advertisements left upon such premises.

(Prior code § 21A-15)

A. .....No person shall throw, deposit or distribute any commercial or noncommercial advertisement in or upon private premises which are inhabited, except by handing or transmitting any such advertisement 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 Section 8.40.150, such person, unless requested by anyone upon such premises not to do so, shall have the authority to place or deposit any such advertisement in or upon such inhabited private premises, if such advertisement is so placed or deposited as to secure or prevent such advertisement 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. .....The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein); provided, however, that no newspaper shall be thrown, deposited or distributed upon any premises where the owner or inhabitant thereof shall have previously advised, in writing, the publisher or distributor of such newspaper not to do so; and no newspaper shall be thrown, deposited or distributed upon any premises where two (2) or more editions of the same newspaper remain unclaimed by the owner or occupant thereof.

(Prior code § 21A-16)

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

(Prior code § 21A-17)

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.

(Prior code § 21A-18)

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.

(Prior code § 21A-19)

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.

(Prior code § 21A-20)

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

(Prior code § 21A-21)