Loading...
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. 2 _, ; 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 4 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.