Sec. 36-258. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Aircraft means any contrivance 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.

Authorized private receptacle means a litter storage and collection receptacle as required and authorized by the department of public works.

Commercial handbill means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature which:

(1)

Advertises for sale any merchandise, product, commodity or thing;

(2)

Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting for interest thereof by sales;

(3)

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; 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 the state or under any provision of this Code or other ordinance of the city; or

(4)

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.

Garbage means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

Litter means garbage, refuse and rubbish and all other waste material which, if thrown or deposited as prohibited by this chapter, tends to create an unsightly condition or appearance on or in a public place or which may create a danger to public health, safety and welfare.

Newspaper means any newspaper of general circulation 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 newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, such term shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

Noncommercial handbill means 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 definitions of a commercial handbill or newspaper.

Public place means any highway, street, sidewalk, boulevard, alley or other public way.

Refuse means all putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.

Rubbish means nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarette boxes, packages and wrappings, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, earth, cinders, rock and similar materials.

Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, and such term includes all kinds and types of automotive conveyances.

(Ord. No. 06-054(sub 1), § 6, 10-19-06)

Sec. 36-259. - Exemption for mail and newspapers.

The provisions of this article shall not apply to the distribution of mail by the United States, nor to newspapers; 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.

(Ord. No. 06-054(sub 1), § 6, 10-19-06)

Sec. 36-260. - Penalties.

Except in cases where it is otherwise provided by law or by the city charter, other provisions of this Code or by ordinance, any person violating any provision of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof after trial before the justice of the peace court, shall be punished by a fine of not less than $250.00 up to a maximum fine of $1,000.00 for each such offense, together with the costs and disbursements of prosecution, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment, for the first conviction. For any conviction of a violation that is the second conviction for the same violation as a previous violation which has not been corrected, the minimum fine shall be not less than $500.00 and not more than $5,000.00; for the third conviction not less than $1,000.00 nor more than $5,000.00, which shall not be suspended; for the fourth conviction $1,500.00, which shall not be suspended; and for the fifth and subsequent conviction of the same violation that still has not been corrected, the minimum fine for each conviction shall be not less than $5,000.00, which shall not be suspended. Upon conviction of a violation of this article, the court may order the defendant to correct the violation by a date certain. If the defendant fails to correct the violation by the court ordered date, the court may impose a fine of $50.00 per day to be calculated from the date of conviction to the date by which the court had ordered the violation to be corrected. Each day that a violation of the provisions of this article occurs or continues shall constitute and be a separate offense and shall be punishable as such.

(Ord. No. 06-054(sub 1), § 6, 10-19-06)

Sec. 36-261. - Throwing in public places generally.

No person shall throw or deposit litter or rubbish or permit the throwing or depositing of litter or rubbish in or upon any public place within the city except in public receptacles, in authorized private receptacles for collection or in official city dumps.

(Ord. No. 06-054(sub 1), § 6, 10-19-06)

Sec. 36-262. - Placement in receptacles to prevent scattering.

Persons placing litter or rubbish 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 highway, street, sidewalk or other public place.

(Ord. No. 06-054(sub 1), § 6, 10-19-06)

Sec. 36-263. - Sweeping, etc., into gutters, etc., prohibited; duty to keep sidewalks clean.

(a)

No person shall sweep into or deposit in any gutter, inlet to sewers, highway, street or other public place within the city the accumulation of litter or rubbish from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks, curb and curb line of their premises free of litter.

(b)

No person owning or occupying a place of business shall sweep into or deposit in any gutter, inlet to sewer, highway, street or other public place within the city the accumulation of litter or rubbish from any buildings or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the city shall keep the sidewalks, curb and curb line of their business premises free of litter and rubbish.

(c)

As an exception to the requirements of subsections (a) and (b) of this section, property owners may sweep into or deposit at the edge of any city street, unless otherwise prohibited and except for state-maintained highways, leaves that have fallen from trees in the autumn time of the year between September 22 and December 21, for collection by city department of public works' mulching or leaf collection equipment; further provided, that the property owner shall notify the department of public works that leaves have been deposited at the edge of the city street, identifying the location and requesting that the leaves be collected by the department of public works, following which the department of public works will schedule such collection. Failure to notify the department of public works shall be punishable upon conviction by a fine of $25.00.

(Ord. No. 06-054(sub 1), § 6, 10-19-06)

Sec. 36-264. - Spilling contents from vehicles; depositing mud, etc., from wheels of vehicles.

(a)

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, litter or rubbish from being blown or deposited upon any street, alley or other public place.

(b)

No person shall drive or move, or permit to be driven or moved, 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 unreasonable quantities of mud, dirt, sticky substances, litter, rubbish or foreign matter of any kind.

(c)

Such person shall be required to take reasonable steps to clean or have cleaned dirt or mud from the wheels or tires of all vehicles leaving a construction site. It shall be the responsibility of the prime contractor of any construction project to keep the streets in the vicinity of the project free from unreasonable mud, dirt, sticky substances, litter, rubbish or foreign matter of any kind at the request of the public works commissioner.

(Ord. No. 06-054(sub 1), § 6, 10-19-06)

Sec. 36-265. - Throwing or distributing handbills in public places.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, highway, street or other public place within the city. It shall not be unlawful on any sidewalk, highway, street or other public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any handbill to any person willing to accept it.

(Ord. No. 06-054(sub 1), § 6, 10-19-06)

Sec. 36-266. - Placing handbills in or upon vehicles.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle in a public place. It shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.

(Ord. No. 06-054(sub 1), § 6, 10-19-06)

Sec. 36-267. - Posting notices, etc., 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 lamppost, traffic signal, traffic sign, traffic equipment post, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law. There shall be a prima facie case that the person who is sponsoring the event or activity being advertised or at whose premises or other location selected by him the event or activity is to be conducted or take place, is responsible for the placement of any notice, poster, or other paper or device which is alleged to be in violation of this section. There shall be a rebuttable presumption that such person did himself place or cause to be placed such notice, poster, or other paper or device in violation of this section.

(Ord. No. 06-054(sub 1), § 6, 10-19-06)

Sec. 36-268. - Littering.

It shall be unlawful for any person to deposit or cause to be deposited any garbage, rubbish, refuse, trash or other offensive materials in or upon any street or public place, park, vacant lot, public or private alley or parcel of private property for any reason other than regularly scheduled refuse collection.

(Ord. No. 06-054(sub 1), § 6, 10-19-06)