HomeMy Public PortalAboutTitle 5, Chapter 09- Litter and Weed ControlTITLE 5 IONA CITY CODE
CHAPTER 9 (Revision: December 7, 2023) Page 128
CHAPTER 9 Litter and Weed Control
SECTION:
5-9-1: Purpose
5-9-2: Definitions
5-9-3: Litter in Public Places
5-9-4: Deposit of Litter in Receptacles
5-9-5: Deposit of Petroleum Products
5-9-6: Littering from Vehicles
5-9-7: Dropping Material from Aircraft
5-9-8: Improper Hauling of Litter
5-9-9: Posting Notices
5-9-10: Posting Handbills or Signs
5-9-11: Accumulation of Litter upon Private Property
5-9-12: Removal of Weeds
5-9-13: Special Assessments
5-9-1: PURPOSE. The accumulation of waste, refuse, trash, garbage, rubbish, litter and
other deleterious substances upon public and private property and in streets and alleys within the
City detracts from the appearance of the City and reduces property values. The accumulation of
such waste also increases the spread of contagious diseases and infections, and creates a health
and safety hazard to children. It is necessary for the preservation of health, safety, sanitation and
the public welfare that proper and adequate regulations be adopted to require property owners,
tenants and all persons having control of real property and the storage, disposal and accumulation
of waste, to remove and dispose of such waste in the manner specified in this chapter.
5-9-2: DEFINITIONS. For the purposes of this chapter, certain terms shall have the
meanings ascribed below:
AIRCRAFT: Any craft designed for navigation or flight
in air.
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CHAPTER 9 (Revision: December 7, 2023) Page 129
GARBAGE: Any waste resulting from the preparation,
cooking, consumption or handling of food
or other edible substance, whether for
human or animal consumption, including
without limitation, waste from the
handling, storage and sale of produce.
HANDBILL: Any printed or written matter, sample,
circular, leaflet, pamphlet, booklet, or any
other printed literature of any kind.
JUNK: Any waste consisting of any mechanical
appliance, vehicle, machinery, equipment
or apparatus, or any parts therefrom,
including without limitation, all non-
functional appliances, automobiles,
automobile parts, recreational vehicles,
boats, snowmobiles, motorcycles, farming
and construction equipment.
LITTER: Garbage, junk, refuse and weeds as defined
herein.
OCCUPANT: Any person having control, possession or
charge over real property.
OWNER: Any person having a fee ownership in real
property.
REFUSE: All waste of any kind or nature, including,
but not limited to, handbills, newspapers,
papers, cartons, boxes, barrels, wood,
brush, weeds, branches, yard trimmings,
leaves, furniture, bedding, tin cans, metals,
bottles, ashes, clinkers, automobile bodies
and parts, appliances, broken glass, broken
concrete, rock, crockery, mineral waste,
street sweepings, industrial waste,
sawdust, lumber scraps, shavings, animal
carcasses, wire and plastics.
WASTE: Any material having little or no value
beyond its value for recycling purposes, or
any material for which there is no practical
use other than for recycling, and which if
placed or deposited as prohibited in this
chapter is markedly offensive or unsightly,
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CHAPTER 9 (Revision: December 7, 2023) Page 130
or which creates an offensive odor or is
unsanitary or unsafe, attracts insects or
rodents or in any way creates a public
nuisance or health or safety hazard.
WEEDS: Any plant, growing or dead, more than ten
inches in height, measured from the
surface of the ground, except plants grown
for ornamental purposes or for production
of food for man or beast. Noxious plants,
regardless of height, shall be considered
weeds.
5-9-3: LITTER IN PUBLIC PLACES. No person shall throw or deposit litter in or upon
any private property, canal right of way, public street, alley, sidewalk, park, right of way or upon
any publicly-owned property within the City, except in receptacles designed therefor.
5-9-4: DEPOSIT OF LITTER IN RECEPTACLES. No person shall deposit litter in
any receptacle in a manner which exceeds the capacity of such receptacle or which will create a
likelihood of its being blown or carried by the elements upon any public place or private property.
5-9-5: DEPOSIT OF PETROLEUM PRODUCTS. No person shall pour or deposit oil
or any other petroleum product upon any private property, canal right of way, public street, alley,
sidewalk, park or other public property, provided nothing herein shall prevent the use of oil, asphalt
or other petro-chemicals for the purpose of construction, maintenance or operation of a street or
alley.
5-9-6: LITTERING FROM VEHICLES. No person shall throw, or permit to be thrown
from any vehicle, any litter or handbills while a driver or passenger in a vehicle being operated
upon a public street or alley.
5-9-7: DROPPING MATERIAL FROM AIRCRAFT. No person in any aircraft shall
throw out any litter or handbills while flying over the City.
5-9-8: IMPROPER HAULING OF LITTER. It is unlawful for any person to haul litter,
or otherwise operate a vehicle carrying litter, in any manner which causes litter to be deposited
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CHAPTER 9 (Revision: December 7, 2023) Page 131
upon any public street, sidewalk or private property, or which creates a likelihood that litter will
be blown, dropped or spilled therefrom.
5-9-9: POSTING NOTICES. No person shall post or affix any handbill upon any public
utility pole, sign post, lamp post, telephone pole, shade tree or upon any public structure or
building, except as may be expressly authorized or required by law.
5-9-10: POSTING HANDBILLS OR SIGNS. No person shall post or affix any handbill
or sign to any building, structure, tree or appurtenance owned by any other person, without the
consent of the owner or occupant thereof.
5-9-11: ACCUMULATION OF LITTER UPON PRIVATE PROPERTY. It shall be
unlawful for any person owning or having control of private property within the City to deposit,
store or allow the accumulation of litter upon such property, except:
(A) The temporary storage or accumulation of construction debris or materials in a manner
which prevents the same from being blown upon adjoining property, while a building or
structure is being constructed upon the premises, or during remodeling or reconstruction
thereof.
(B) Upon any property owned or operated by any recycler, salvage dealer, or junk yard dealer
licensed by the City, subject to all provisions and restrictions contained in any ordinance
or statute governing the operation of such licensed business.
5-9-12: REMOVAL OF WEEDS. It shall be an infraction for any owner or occupant of
any real property within the City to allow weeds to grow, exist or accumulate upon such real
property.
(Ord. 266-07-21, 07/20/2021).
5-9-13: SPECIAL ASSESSMENTS. Notwithstanding the imposition of any criminal
fine, penalty or imprisonment, the City may, subject to the provisions of this section, remove any
litter from any private property within the City and levy a special assessment against such property,
for the reasonable costs of such removal. Prior to the removal of such litter, the City shall give
notice in writing to the owner of such property, which notice shall state the street address of the
property where the litter exists, and shall describe the nature and general location of the litter to be
removed. Such notice shall state that if such litter is not removed within fifteen (15) days from
the date the notice is delivered, the City may cause the same to be removed and a special
assessment made against such property for the costs of such removal. Such notice shall be
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CHAPTER 9 (Revision: December 7, 2023) Page 132
personally served upon any occupant, if any, of the property wherein the litter is located, and shall
be mailed by certified mail, return receipt requested, postage prepaid, to the owner of the property
at the address listed upon the real property assessment rolls of Bonneville County. Such notice
shall be deemed to be delivered upon its physical delivery and deposit into the United States mail,
as set forth above. If the owner of occupant fails to remove the litter within the time specified in
the notice, the City may order the removal of the litter and cause a Notice of Special Assessment
to be mailed to the owner of the property in the manner set forth above. The Notice of Special
Assessment shall state the amount to be assessed on account of the costs of removing the litter, the
name and record address of the owner of the property to be assessed, and the legal description of
such property. Such notice shall also state that if the assessment is not paid within thirty (30) days,
the assessment will be placed on the real property tax rolls and will become a lien against such
property. If the assessment is not paid within thirty (30) days after mailing of the Notice of
Assessment, the same shall be declared delinquent and may be certified to the Bonneville County
assessor by the City Clerk, not later than the 1st day of August of each year. Upon such
certification, the assessment shall be placed upon the tax roll and shall thereafter become a lien
against the property described in the notice and shall be collected in the same manner and subject
to the same penalties as are lawfully allowed for other real property taxes. All monies received on
account of such special assessment shall be held by the City Treasurer in a special fund to be
applied to the payment of the costs of such removal and the money shall be used for no other
purpose except to reimburse the City for all amounts expended in removing such litter or weeds.