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HomeMy WebLinkAboutOrdinance No. 1964-22' ®F MICROFILMED �4F����'1DED �. - r 3.13.80 OR D. #a -d 9 ORDINANCE 110. �.12 ORD.•�`as -%3 AN ORDINANCE PROHIBITING THE THROWING OR DEPOSITING OF LITTER IN PUBLIC PLACES • I14 THE CITY OF CAPE CANAVERAL: REGULATING THE DISTRIBUTION OF C0PMERCIAL ihiNDBILLS: CONTROLLING THE DEPOSITING OF LITTER ON PRIVATE PREMISES: PROVIDING A LIEN FOR CITY CLEARANCE: AND PRESCRIBING PENALTIE3 FOR THE VIOLATION OF ITS PROVISIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA: SECTION 1. Short Title Tain Ordinance shall be (mown and may be cited us the "Cape Canaveral Anti- litter Ordinance ". SECTION 2. .Definitions For the purpose Of this Ordinance the following terms, phrases, words, anti their derivations shall have the meaning given herein. When not inconsistent faith 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. Tae vrord 'shall' is always mandatory and not merely directory. (1) 'Aircraft' is any trivance now ln:ovm or hereafter invented, used or designated for liavigation or for flight in the air. Tne word 'aircraft' shall include helicopters and lighter- than -air dirigibles and balloons. (2) '.authorized prlvatc receptacle' 10 a litter and garage storage and collection receptacle as reoulred and authorized in Article 11 of this Chapter. (3) 'City' is the City of Cape Canaveral. (4) 'Com erclal Hanobill' is any printed or written matter, ally sample or device, doager, circular, leaflet, pmnphlet, paper, booklet, or any other printed or Otherwise reproduced oriZinal or copies of any matter or. literature: (a) 'Which advertises for sale any merchandise, product, couu.odity, or thing; or (b) Which directs attention to any business oz' mercantile or commercial establishrient, or other activity, for tive purpose of either directly or indirectly promoting the interest thereof by sales; or (c) 11h1c11 directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any tine, for which an admission fee Ss civurged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admdssion fee is oharged or a collection in taken up for tine purpose of dufraying the expense incident to such ® MICROFILMED 3.13.80 1 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 in not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; Provided,that nothing contained in this clause s a e deemed to as 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 uny ordinance of this City; or (d). Which, while containing reading matter other than advertising hatter, is predominately and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person engaged as an advertiser or distributor. (5) 'Garbage' 1s putrescribe animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. (G) 'Litter' is 'garbage', 'refuse', and 'rubbish' as defined herein and all other waste material which, if thrown or deponited as herein prohibited, tends to create a danger to public health, safety and welfare. (7) '111ewspaper' is any newspaper of general circulation as defined by general law, any newspaper fully 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, shall mean and include any perlodical or current magazine regularly published eritlr not less than four issues per year, and sold to the public. (B) 'Hon- cor :uaurclal Handbill' is any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, ne:spaper, magazine, paper, booklet, or any other printedor otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a corvnerclal handbill or newspaper. (9) 'Park' is a park, reservation, playground, beach, recreation center or any other public area ormed or used by the City and devoted to actl%e or passive recreation. (10) 'Person' is any person, firm, partner:;hip, association, corporation, company or orsanization of any ;ciud. (11) 'Private Premises' is .uny Jvrelling, house, builuing or other structure, ucsisneu or used either crholly or in part for private residential purposes, whether inhabited or temporarily or contiuuouoly uninhabited or vacant, and Chu"! include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, builuing, . or other structure. (12) 'Public Place' is any and all streets, slddwalks, boulevards, alleys or other public wuye, uric any and all publlc parks, . squares, spaces, grounds an. building.^.. MICROFILMED 3.13.80 (13) 'Refuse' is all putrescrible and non - putreocible sold wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid marled and industrial wastes. (14) 'Rubbish' is nonputrescible sold wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials. (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 3..- 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 or in authorized private receptacles for collection, or in official City dumps. SECTION 4. Placement of Litter in fteceptaclea so as Prevent Suattecing. 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. SECTION 5. Sweeping Litter into Gutters Prohibited No person shall sweep into or deponit in any gutter, street, or other public place within the City the aceumulation 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 promises free of litter. SECTION o. Merchants' Duty to Keep Sidewalks •ree o -cr No person owning or occupying a place of business ahull sweep into or deposit in any Sutter, street or other publicplace within the City the accumulation of litter from any bulldingor 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 7. Litter Thrown by Persons in Vehicles. No person, while a driver or passenger in vehicle, shall throw or deposit litter upon any street or other public place within the City. SECTION 8. Truck Loads Causing Litter No person shall drive or mope any truck or other vehicle within the City unless such vehicle is so constructed or loaded as to prevent uny load or contents of litter from being blown or deposited upon any street, alley or other public plaue. Nor, shall any person drive or move any vehicle or truck within the City, the wneels or tires of which, carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances or foreign matter of any .kind. MICROFILMED' r 3.13.80 SECTION 9. Litter in Parks No person shall throw or deposit litter in any City park except In public receptacles and in such a manner that the litter will be prevented from being carried at- deposited by the elements upon any part of the park or upon any street or other public place.. Where, public receptacles are now provided, all such litter shall be carried away from the purl: by the person responsible for its presence and properly, disposed of elsewhere. SECTIO14 10 Litter In River No person shall throw or deposit litter in any .river or any other body of water In a park or elsewhere within the City. SECTION 11. Throwing or Distributing Commmercial . awn s n u c aces No person shall throw or deposit any commercial or non - commercial handbill in or upon any sidewalk, street or other public place within the City. Na•shall any person hand out or distribute or sell any commercial handbill in any public place. Provided, however, that it shall not be unlawful on any sidewalk, street, or other public place within the City, for any,per•son to hand out or distribute, without charge to the receiver thereof, any non - commercial handbill to any person willing to accept it. SECTION 12. Placing Commercial and Non - Commercial ana s on c c.res No person shall throw or deposit any ecimrierclal or non-commercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a non - commercial handbill to any occupant of a vehicle who is willing to accept it. SECTION 13. Depositing Coaoiercial and Non - Commercial aim a on UninhaUiteu or Vacant Premises No person shall throw or deposit any commercial or non - commercial handbill in or upon any privateprenilscs which are temporarily or continuously uninhabited or vacant. SECTION 117. Prohibiting Distribution of Handbills :Here Proper y. os c No person shall throw, deposit or distribute any coiiurercialornon- coimnerclal• handbill upon any private premises, if required by anyone thereon not to do so, or If there is placed oil said promises in a conspicuous position near the entranal thereof, a sign bearing tire words: 'No Trespassing,I "No Peddlers or isental, 1110 :advertisement', or any similar.notice, indlcutinG In any matter, that the . occupants of said prendses do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premiseo. SECTION 15. Distributing Commercial and Non - Commercial HanubillB at n a eu ?r va-e rel uea No person shall throw, deposit or distribute any eomm:crcial or non- coumierclal handbill in or upon private premises • MICROFILMED 3.13.80 which are inhabited, except by handing or . transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premiaes. Provided, however, that in case of inhabited private premises which are not posted, an provided in this Ordinance, such person, unless requested by anyone upon such prominea not to do so, shall have the authority to place or deposit any ouch handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such promises or sideviallca, streets, or other public places, and except that mailboxes may not be so used when so prohibited by Federal postal law or regulations. (a) Exemption for IAail and 11 spa ern. The provis o—i v� viF�ci'1on s va Tnoi� apply to the distribution of mail, by the United States, nor to newspapers unless specifically subscribed for. SECTION 16. Dropping Litter from aircraft. No person in an aircraft shall throw out, drop or deposit within the City . any litter, handbill or any other object. SECTION 17. Posting Notices Prohibited. No person shall post or affix: any notice, poster or other paper Or device, calculated to attract tive attention of the public, to any lmap pout, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law. JECTION 18. Litter on Occupied Private Property. No person shall throw or deposit 1l tter on any occupied private property within the City, whether owned by such Perron or not, 0 -<cept that the owner or person, in control of private property may maintain authorised private receptacles foil collection In such a wanner that litter will be prevented from beinC carried or deposited . by the elements upon any street, sidewalk or other public place . or upon any private property. SECTION 19. Omer to Maintain Proullueo Free Litter. The owner or person Su control of any private property shall at all times maintain the premiaes free of litter. provided, however, that this Section shall not prohibit tine storage of litter in authorized private receptacles for collection. SECTION 2O. Litter on Vacant Lots. No person shall throw or deposit litter on any open or vacant pri•,ate property within the City whether owned by such person or riot. • SECTION 21. Clearing of Litter fro;n Open Private Proper 'y y. C 'y. (a) Notice to Remove, The City Lanaeer or Chief Or Police Is 110OLDY authorized and empowered to notify the owner of any occupied, spun, or vacant private property within the City or tike agehlt of seen owner to properly dispose of litter located on ::uch owner's MICROFILMED i r 3.13.80 _ property .which is dangerous to public health, safety or welfare. Such notice shall be by certified mail, addressed to said owner, at his last known address. (b). Action Upon Non - Compliance• Upon the failure, neglect or reiusa7. 0 any owner or agent. so notified, to properly dispose of litter dangerous to the public health, safety or welfare within 5 days after receipt of written notice provided for in sub - section (a) above, or within 10 days after the date of such notice ill the event the same is returned to tire City Post Office Department because of its inability to mal :cdellvery thereof, provided the name was properly addressed to the last known address of such owner, or went, the City Manage" or Chief of Police is hereby authorized and empowered to pity for the disposing of such litter or to order, its disposal by the City, (c) Charge. When the City has effected the removal o si ucn langerous litter or has paid for its removal, tine actual cost thereof, plus accrued interest at the rate of six percent (6;;) per annum from the date of tile completion of the work, if not paid by such Owner within thirty (30) days from tine completion of the removal of said litter by tile City, and said charge shall be payable by said owner at the time of receipt of such statement. (d) Recorded Statement Constitutes Lien. Where the full mnoun' Clue tile City Is not paid by such owner within 30 days after tine disposal of such litter:, as provided for in sub- section (a) and (b) above, then, arid in that case, tine City Manager or Chief of Police shall cause to be recorded in the Office of tine City Treasurer a sworn statement showing the cost and expense . incurred for the wori<, the date the work was done and the location of tine property on which said work was done. The recordation of such suer, statement ahali constitute a lien and privilege on the property, and shall remain in full force and effect for the 'wrount due in principal and interest, plus costs of court, if any, Sot• collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of state and County taxes and further, shall be sub ect to a delinquent penalty of eight per cent (sNi in the event same is not paiu in full as provided in sub - sections (a) and (b) above. aororn statement's recorded in accordance with the provisions horeof shall be prima face evidence that all legal formalities, have been complied with and that the wort: has been done properly and satisfactorily, and shall be full notice to every person concerned that the mrount of the statement, plus interest, constitutes acharge against the property designated or described in the statement and that the same is due and collectible as provided by law. JECTION 22. Penalties. .1ny person willfully ,iolutinL any of the provisions of this Ordinance shall be deemed guilty of ,* MICROFILMED 3.13.80 J misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $100.00 or be imprisoned for a period not exceeding thirty (30) days or be both 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. SECTION 23. Separability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdication, 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 24. Ordinances Repealed. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 25. Effective Date. This Ordinance shall take effect immediately upon Its adoption. ADOPTED by the City Coui)cil of the ity of Cape. Canaveral, Florida, on this day ofuys�-f'�.964. -- Mayor Attest: tiersc Approved as to Form: City Attorney L'irst reading July 21, 1964 Second and Final Reading-_,?— day of , 1964. posted on City Bulletin Board at the City Hall on the day of jc G 1964.