Yucca Valley Municipal Code Ch. 11.70 Litter and Littering

This chapter shall be known and may be cited as the YUCCA VALLEY ANTILITTER ORDINANCE. (Ord. 150, 3-18-2004)

For the purposes of this chapter the following terms, phrases, words, and their derivations shall have the meanings given herein. 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.

AUTHORIZED PRIVATE RECEPTACLE: A litter storage and collection receptacle as required and authorized in the ordinance regulating the disposal of garbage and waste matter in the town; "town" means the town of Yucca Valley.

COMMERCIAL HANDBILL: Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, door hanger, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature:

A. Which advertises for sale any merchandise, product, commodity, or thing; or

B. 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

C. 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; 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 takes 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 town; or

D. Which, 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: Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

LITTER: "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: 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 (4) issues per year, and sold to the public.

NONCOMMERCIAL 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 a "commercial handbill" or "newspaper" as defined herein.

PARK: A park, reservation, playground, open space, recreation center or any other public area in the town, owned or used by the town and devoted to active or passive recreation.

PERSON: Any person, firm, partnership, association, corporation, limited liability company, 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.

PUBLIC PLACE: Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, malls and buildings.

REFUSE: 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: 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.

VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. (Ord. 150, 3-18-2004)

No person shall throw or deposit litter in or upon any street, sidewalk, mall or other public place within the town except in public receptacles and in authorized private receptacles for collection. (Ord. 150, 3-18-2004)

A. No person shall throw, drop, leave, dump, bury, burn, place, keep, accumulate or otherwise dispose of any solid waste upon any lot, land, street, alley, water or waterway, or in any solid waste or recycling container, not owned, rented, leased, or otherwise controlled, or not intended for use by said person, either with or without intent to later remove same.

B. Solid waste may not be buried on any lot in the town. This section shall not be interpreted to prohibit composting of yard waste. (Ord. 150, 3-18-2004)

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. 150, 3-18-2004)

No person shall sweep into or deposit in any gutter, street, mall or other public place within the town 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. 150, 3-18-2004)

No person owning or occupying a place of business shall sweep into or deposit in any gutter, street, mall or other public place within the town 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 town shall keep the sidewalk in front of their business premises free of litter. (Ord. 150, 3-18-2004)

No person, while a driver or passenger in a vehicle, shall throw or deposit, or cause to be thrown or deposited, litter upon any street or other public place, or upon private property within the town. (Ord. 150, 3-18-2004)

No person shall drive or move any truck or other vehicle within the town 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, mall or other public place. Nor shall any person drive or move any vehicle or truck within the town, the wheels or tires of which carry onto or deposit in any street, alley, mall or other public place, an excessive amount of mud, dirt, sticky substances, litter or foreign matter of any kind. (Ord. 150, 3-18-2004)

No person shall place, throw or deposit litter in any park within the town 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, mall 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 herein. (Ord. 150, 3-18-2004)

No person shall place, throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street, mall or other public place within the town. Nor shall any person hand out or distribute or sell any handbill in any public place provided, however, that it is not unlawful on any sidewalk, street, mall or other public place within the town for any person to hand out or distribute, without charge to the receiver thereof, any handbill to any person willing to accept it. (Ord. 150, 3-18-2004)

No person shall place, throw or deposit any 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 handbill to any occupant of a vehicle who is willing to accept it. (Ord. 150, 3-18-2004)

No person shall place, throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (Ord. 150, 3-18-2004)

No person shall place, throw, deposit or distribute any commercial or noncommercial handbill upon any occupied private premises unless it is securely fastened in a manner which would prevent scattering or directly handed or distributed to the occupant and further provided that the occupant has neither appropriately indicated that the occupant does not wish to be disturbed nor receive distribution of material. (Ord. 150, 3-18-2004)

No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law. (Ord. 150, 3-18-2004)

It shall not be unlawful to temporarily post "garage sale", "yard sale", "estate sale", and similar signs so long as notices are in compliance with the town of Yucca Valley sign ordinance, and further provided that notices are removed no later than five o'clock (5:00) P.M. nightly or immediately after daily closing of noticed sale, whichever is earliest. (Ord. 150, 3-18-2004)

No person shall throw or deposit litter on any occupied private property within the town, 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. 150, 3-18-2004)

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 private receptacles for collection. (Ord. 150, 3-18-2004)

No person shall throw or deposit litter on any open or vacant private property within the town whether owned by such person or not. (Ord. 150, 3-18-2004)

Any violation of this chapter is declared a public nuisance. (Ord. 150, 3-18-2004)

A. Whenever the town manager, code enforcement officer, or his designee determines that any condition on the property within the town constitutes a nuisance as declared herein, such person shall issue a notice to abate by either of the following methods:

1. Mailing to the owner at the address shown on the last available assessment roll and to any occupant of the property; or

2. By personal service on the owner, occupants, or person in charge of the property.

B. The notice to abate shall be substantially in the form kept on file in the office of the town clerk. (Ord. 150, 3-18-2004)

If the nuisance is not completely abated by the owner, as directed, within the time set forth above then the town manager shall cause the same to be abated by town personnel or private contract, and entry upon the premises expressly authorized for such purposes. Upon completion of the abatement by direction of the town manager, the town manager shall cause a statement of costs thereof to be prepared for submission to the town council. The town manager shall set the time and place for the town council to receive and consider the statement of costs, and shall serve on the owner or owners of the property a copy of the statement of costs and a notice of the time and place at which the town council will receive and consider the statement of costs. The statement of costs and the notice of hearing shall be served on the owner(s) of the property in the same manner as is provided in section 11.70.210 of this chapter. (Ord. 150, 3-18-2004)

At the time and place set for receiving and considering the statement of costs, the town council shall hear and pass upon the statement together with any objection or protests raised by any of the persons liable to be assessed for the costs of abating the nuisance. Thereupon, the town council may make any such revision, correction or modification to the statement of costs as it may deem appropriate, after which the statement as submitted, or as revised, corrected or modified, shall be confirmed by resolution. Such hearing may be continued from time to time. The decision of the town council shall be final. The town clerk shall give notices of the town council's final decision regarding the statement of costs to the owners of said property in the manner set forth in section 11.70.210 of this chapter. (Ord. 150, 3-18-2004)

The costs of abatement of a nuisance, as confirmed by the resolution of the town council, shall constitute a special assessment against the property to which it relates, and after its recording, as thus made and confirmed, the same shall constitute a lien on said property in the amount of such assessment. After the confirmation of the statement, a copy thereof shall be recorded in the official records of the San Bernardino County and shall be transmitted to the assessor and tax collector to add the amount of such assessment, or assessments, to the next regular bills of taxes levied against the said respective lot or parcel of land, and thereafter said amount shall be collected at the same time and in the same manner as ordinary real property taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in the case of delinquency as provided for ordinary real property taxes. (Ord. 150, 3-18-2004)

Nothing in this chapter shall be deemed to prevent the town council from ordering the town attorney to commence a civil action or other judicial or administrative proceeding to abate the alleged nuisance or to obtain any other appropriate remedy in addition to, as an alternative to, or in conjunction with the procedures authorized by this chapter. Nor shall the implementation of this chapter be deemed to prevent appropriate authorities from commencing a criminal action based upon the conditions constituting the alleged nuisance. (Ord. 150, 3-18-2004)

Notwithstanding any other provision of this chapter, whenever the town manager determines that any real property or any building, structure or condition thereof is dangerous or constitutes an immediate threat to public health, or safety, he shall, without being required to observe the provisions of this chapter with reference to the abatement procedures, immediately and forthwith abate such public nuisance. Where such condition and the abatement is immediately required, the town manager shall prepare a statement of costs in respect thereto. (Ord. 150, 3-18-2004)

Every person who causes or maintains any public nuisance as defined in this chapter, or who fails to comply with an order of abatement made pursuant to this chapter, is guilty of a violation of this chapter and, upon conviction thereof, shall be punished in accordance with the provisions of chapter 1.02 of this code. (Ord. 150, 3-18-2004)