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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 - 2 - (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. - 3 - (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. - 4 - 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 OF RICK O Z u o NDIANP 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