HomeMy Public PortalAbout041-1983 - Litter in public placesAMENDED
ORDINANCE NO. 41-1983
AN ORDINANCE PROHIBITING THE THROWING OR DEPOSITING
OF LITTER IN PUBLIC PLACES, REGULATING THE DISTRIBU-
TION OF COMMERCIAL AND NON-COMMERCIAL HANDBILLS;
CONTROLLING THE DEPOSITING OF LITTER ON PRIVATE PREMISES;
PROVIDING A LIEN FOR CITY CLEARANCE; AND PRESCRIBING
PENALTIES FOR THE VIOLATION OF ITS PROVISIONS THEREOF
IN THE CITY OF RICHMOND, INDIANA.
WHEREAS, it is in the public interest and welfare to regulate,
restrict and control the throwing or depositing of
litter in public places in the City of Richmond,
Indiana,
NOW THEREFORE, BE IT ORDAINED by the Common Council of the
City of Richmond, Indiana that:
SECTION I. DEFINITIONS. For the purposes of this Ordi-
nance the following terms, phrases, words and their derivations
shall have the meaning 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.
(1) "Aircraft" is any contrivance now known or here-
after 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.
(2) "Authorized private receptacle" is a litter
storage and collection receptacle as required and authorized
in Chapter 93 of the Municipal Code of the City of Richmond,
Indiana.
(3) "City" is the City of Richmond, Indiana.
(4) "Commercial Handbill" is any printed or written
matter, any sample or device, dodger, circular, leaflet, pamph-
let, paper, booklet, or any other printed or otherwise repro-
duced 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; 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 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 City;
or
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(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.
(5) "Garbage" is putrescible animal and vegetable
wastes resulting from the handling, preparation, cooking and
consumption of food.
(6) "Litter" is "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.
(7) "Newspaper" is any newspaper of general circula-
tion 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 news-
paper filed and recorded with any recording officer as pro-
vided by general law; and, in addition thereto, shall mean
and include any periodical or current magazine regularly
published with not less than four issues per year, and sold
to the public.
(8) "Non -Commercial Handbill" is 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.
(9) "Park" is 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.
(10) "Person" is any person, firm, partnership,
association, corporation, company or organization of any kind.
(11) "Private Premises" is 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.
(12) "Public Place" is any and all streets, sidewalks,
boulevards, alleys or other public ways and any and all public
parks, squares, spaces, grounds and buildings.
(13) "Refuse" is all putrescible and nonputrescible
solid wastes, including garbage, rubbish, ashes, street clean-
ings, dead animals, abandoned automobiles, solid market and
industrial wastes, human body wastes and animal wastes. Animal
wastes means cattle, calves, horses, mules, swine, sheep, goats,
dogs, cats, poultry or other birds, and any animal of the
bovine, equine, ovine, caprine, porcine, canine, feline or
avian species, whether domestic, pet or wild.
(14) "Rubbish" is nonputrescible solid wastes con-
sisting of both combustible and non-combustible wastes, such
as paper, wrappings, cigarettes, cardboard, tin cans, yard
clippings, leaves, wood, glass, bedding, crockery and similar
materials.
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(15) "Vehicle" is 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.
SECTION II. LITTER IN PUBLIC PLACES. No person shall
throw or deposit litter in or upon any street, sidewalk or
other public place within the City except in public recep-
tacles, in authorized private receptacles for collection, or
in official City dumps.
SECTION III. PLACEMENT OF LITTER IN RECEPTACLES SO AS
TO PREVENT SCATTERING. Persons placing litter in public re-
ceptacles 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.
SECTION IV. SWEEPING LITTER INTO GUTTER PROHIBITED.
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.
SECTION V. MERCHANTS' DUTY TO KEEP SIDEWALKS FREE OF
LITTER. No person owning or occupying a place of business
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 places of business
within the City shall keep the sidewalk in front of their
business premises free of litter.
SECTION VI. LITTER THROWN BY PERSONS IN VEHICLES. 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, or upon private property.
SECTION VII. TRUCK LOADS CAUSING LITTER. No person shall
drive or move any truck or other vehicle within the City 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 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, litter or
foreign matter of any kind.
SECTION VIII. LITTER IN PARKS. 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 pre-
vented from being carried or deposited by the elements upon
any partof 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 as pro-
vided herein.
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SECTION IX. LITTER IN LAKES AND FOUNTAINS. No person
shall throw or deposit litter in any fountain, pond, lake,
stream, bay or any other body of water in a park or elsewhere
within the City.
SECTION X. DEPOSITING COMMERCIAL AND NON-COMMERCIAL HAND-
BILLS ON UNINHABITED OR VACANT PREMISES. No person shall throw
or deposit any commercial or non-commercial handbill in or upon
any private premises which are temporarily or continuously
uninhabited or vacant.
SECTION XI. PROHIBITING DISTRIBUTION OR HANDBILLS WHERE
PROPERLY POSTED. No person shall throw, deposit or distribute
any commercial or non-commercial handbill upon any private
premises, if requested by anyone thereon not to do so, or if
there is placed on said 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 said
premises do not desire to be molested or have their right of
privacy disturbed, or to have any such handbills left upon such
premises.
(1) Exemption for Mail and Newspapers. The provisions
of this Section shall not apply to the distribution of mail by the
United States, nor to newspapers (as defined herein) except that
newspapers shall be placedon private property in such a manner
as to prevent their being carried or deposited by the elements
upon any street, sidewalk or other public place or upon private
property.
SECTION XII. DROPPING LITTER FROM AIRCRAFT. No person
in any aircraft shall throw out, drop or deposit within the City
any litter, handbill or any other object.
SECTION XIII. POSTING NOTICES PROHIBITED. No person shall
post or affix any notice, poster, or other paper or device,
calculated to attract the attention of the public, to any public
lamp post, public utility pole, or shade tree on any public
property or right-of-way, or upon any public structure or
building, except as may be authorized or required by law.
SECTION XIV. LITTER ON OCCUPIED PRIVATE PROPERTY. 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.
SECTION XV. OWNER TO MAINTAIN PREMISES FREE OF LITTER. 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.
SECTION XVI. LITTER ON VACANT LOTS. No person shall throw
or deposit litter on any open or vacant private property within
the City whether owned by such person or not.
SECTION XVII. PENALTIES. The following schedule of fines
is hereby established and payable in the Office of the City Clerk
of the City of Richmond:
Section 2 Litter in Public Places $25.00
Section 3 Improper Use of Receptacle $25.00
Section 4 Sweeping into Gutter $25.00
Section 5 Failure to Keep Sidewalk Free
of Litter $25.00
Section 6 Litter Thrown from Vehicle $25.00
Section
7
Truck Causing Litter
$25.00
Section
8
Litter in Parks
$25.00
Section
10
Handbill on Vacant Property
$25.00
Section
11
Handbill where Prohibited
$25.00
Section
12
Litter from Aircraft
$25.00
Section
13
Posting Notices Prohibited
$25.00
Section
14
Litter on Private Property
$25.00
Section
15
Owner Premises Free of Litter
$25.00
Section
16
Litter on Vacant Lots
$25.00
Notice of such violation shall be by written notice in form as
approved by the Board of Public Works and Safety, and notice
shall include schedule of fines, location of City Clerk's Office,
identification of the violator and identification of issuing
officer.
Enforcement of this ordinance shall be by any police officer
of the City or any other inspector authorized by the Board of
Public Works and Safety.
Failure to remit fine within ten (10) days shall result in
issue of summons for said violation in the proper court of
jurisdiction.
SECTION XVIII. VARIANCE. The Board of Public Works
and Safety shall have the authority to grant special variances
or relief to any provisions or requirements of this Ordinance
and may prescribe any conditions or requirements deemed
necessary to minimize adverse effects upon the community.
SECTION XVIX. SEPARABILITY. If any section, sub-
section, sentence, clause, phrase or portion of this Ordinance
is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
SECTION XX. ORDINANCES REPEALED. All ordinances
and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
PASSED and ADOPTED this �day of f� ��< � , 1983,
by the Common Council of the City of Richmond, Indiana.
President of Common Council
A'-T,E S T :
1
Jo len Trimble, City Clerk
PRESENTED to th�(Mayor of the City of Richmond, Indiana this
i% day of
e
City Clerk
APPROVED by me, Clifford J. Dickman, �j� yor of the City of
Richmond, Indiana this day of ?.Lr-l. , 1983.
May., .< �-
ATTE�T:
r'
JoEllen'Trimble, Cyity Clerk
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50 N. FIFTH STREET • RICHMOND, INDIANA 47374 • (317) 966-5561
CLIFFORD J. DICKMAN
MAYOR
October 12, 198E
Mr. Larry Parker, Chairman
Committee of the Whole,
Members of Common Council
and Ms. JoEllen Trimble, City Clerk
Municipal Building
Richmond, Indiana 47374
Re: Three Proposed Amendments to Ordinance No. 41-1983
(Litter Ordinance)
Dear Mr. Parker, Members of Common Council and Ms. Trimble:
After re -reading this ordinance following the Committee of the
Whole meeting, I would like to suggest the following amendment
by adding a subsection to Section XI, "Prohibiting Distribution
of Handbills Where Properly Posted":
(a) "Exemption for Mail and Newspapers. The provisions
of this Section shall not apply to the distribution
of mail by the United States, nor to newspapers (as
defined herein) except that newspapers shall be
placed on private property in such a manner as to
prevent their being carried or deposited by the
elements upon any street, sidewalk or other public
place or upon private property."
I feel this amendment is necessary so there is no question that
mail and newspapers are exempt from the provisions of this Section.
The amendment that the Common Council proposed was for Section I,
Definitions, (13). If this is acceptable it would be worded as
follows:
(13) "Refuse" is all putrescible and nonputrescible
solid wastes, including garbage, rubbish, ashes,
street cleanings, dead animals, abandoned
Page 2
Mr. Larry Parker
October 12, 1983
automobiles, solid market and industrial wastes,
human body wastes and animal wastes. Animal means
cattle, calves, horses, mules, swine, sheep, goats,
dogs, cats, poultry or other birds, and any animal
of the bovine, equine, ovine, caprine, porcine,
canine, feline or avian species, whether domestic,
pet or wild."
The other amendment was to Section XIII, "Posting Notices Pro-
hibited". This Section as re -worded would read as follows:
"No person shall post or affix any notice, poster,
or other paper or device, calculated to attract the
attention of the public, to any public lamp post,
public utility pole, or shade tree on any public
property or right-of-way, or upon any public structure
or building, except as may be authorized or required
by law."
We trust these are the amendments as suggested by the Committee
of the Whole.
S' re y,
6LL
dward Anderson, Attorney
for the City of Richmond
ENA:er