HomeMy Public PortalAboutOrd. 1312
ORDINANCE NO. •1312
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD, CALIFORNIA, ADDING- ARTICLE IV TO CHAPTER 21
OF TIC li~NWOOD MUNICIPAL LOBE PROHIBITING THE
THROF7ING OR DEPOSITING OF LITTER IN PUBLIC PLACES; _J,
CONTROLLING THE DEPOSITING OF LITTER ON PRIVATE
PREMISES; AND PRESCRIBING PENALTIES FOR THE VIOLATION
OF ITS PROVISIONS; AND FURTHER AMENDING SECTIONS 21-
39 AND 1-8 OF SAID CODE, PERTAINING TO THE MAXIMUM
FINE FOR MISDEMEANORS.
THE COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLGWS:
SECTION 1: Article IV of Chapter 21, commencing with
Section 21-50, is hereby added to the Lynwood Municipal Code,
to read as follows:
ARTICLE IV -- LITTER
Sec. 21-50. Definitions. For the purposes of this
Article 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) "Authorized private receptacle" is a litter
storage and collection receptacle as required
anr7 zuthpri?ad in rhaDtcr 13 of th1S COd.e_
(2) "City" is the City of Lynwood.
(3) "Litter" is "garbage" and "rubbish" as defined
in Chapter 13 and all other waste material
which, if thrown or deposited as herein
prohibited, tends to create a danger to public
health, safety and welfare.
(4) "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.
(5) "Person" is any person, firm, partnership,
association, corporation, company or
organization of any kind.
(6) "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.
(7) "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.
Sec. 21-51. 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
receptacles, in authorized private receptacles for
collection, or in official City dumps.
Sec. 21-52. Placement of Litter in Receptacles So as
to Prevent Scattering. 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.
Sec. 21-53. Sweeping Litter Into Gutters 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.
Sec. 21-54. 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.
Sec. 21-55. 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 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 by the person
responsible for its presence and properly disposed of
elsewhere as provided herein. No person shall throw
or deposit litter in any park where such litter has
been brought to the park exclusively for the purpose
of disposing of it.
Sec. 21-56. 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.
Sec. 21-57. 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. ].fitter ..ill b:, ;;r-.c:~:Led f~~m L~eing
carried or deposited by the elements upon any street,
sidewalk or other public place or upon any private
property.
Sec. 21-58. 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.
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SECTION 4: The City Clerk shall certify to the passage
and adoption of this ordinance and a cause the same to be
published in the manner prescribed by law.
INTRODUCED this 18th day of October 1988.
PASSED, APPROVED and ADOPTED this 15th day of
November , 1988.
,~~-L~~
{~
Paul H. Richards, II, Mayor
City of Lynwood
ATTEST:
~f~~
Andrea L. Hooper, City Jerk
City of Lynwood
APPROVED AS TO CONTENT.
V~ente L. Mas, Director
Community Development Dept.
HSB:ng-581.0
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Sec. 21-59. 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.
Sec. 21-60. Penalties. Any person violating any of
the provisions of this Article shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be _~
fined in an amount not exceeding One Thousand dollars
($1,000.00) or be imprisoned in the County Jail for a
period not exceeding six (6) months, or be both so
fined and imprisoned. Each day such violation is
committed or permitted to continue shall constitute a
separate offense and shall be punishable as such
hereunder.
Sec. 21-61. Separability. If any section,
subsection, sentence, clause, phrase or portion of
this Article 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 2: Section 21-39 of the Lynwood Municipal Code is
amended in its entirety to read as follows:
Sec. 21-39. Penalty for maintaining a nuisance. The
owner or occupant of a lot or premises within the
city who permits or allows the existence of a public
nuisance as defined in this Article, upon a lot or
premises owned, occupied or controlled by him, or who
violates this Article is guilty of a misdemeanor,
and, upon conviction, is subject to a fine of not
more than One Thousand dollars ($1,000.00) or
imprisonment for a period not exceeding six (o)
months, or both. Each day such violation is
committed or permitted to continue shall constitute a
separate offense and shall be punishable as such
hereunder.
SECTION 3: Section 1-8 of the Lynwood Municipal Code is
amended in its entirety to read as follows:
Sec. 1-8. General penalty. Any person violating or
failing to comply with any provision of this Code or
committing any act or omission to act declared to be
a misdemeanor or unlawful by this Code, where no
specific penalty is provided therefore, shall be
punished by a fine not exceeding One Thousand dollars
($1,000.00) or imprisonment not exceeding six (6)
months or both such fine and imprisonment in the
discretion of the Court. Each day such violation is
committed or permitted to continue shall constitute a
separate offense and shall be punishable as such
hereunder.