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HomeMy WebLinkAboutOrdinance No. 25-1973MICROFILMED 344-80 ORDINANCE NO. 25 -73 AN ORDINANCE ABATING LITTER, HANDBILLS AND JUNK; PROVIDING FOR ENFORCEMENT AND PENALTY; REPEALING ORDINANCES NO. 64 -20, 64 -20 -A, 64 -22 AND 2 -69; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. Definitions: Litter is garbage, rubbish rubble, handbills and junk as hereinafter defined. Garbage is putrescible animal and vegetable wastes re- sulting from the handling, preparation, cooking and consumption of food. Rubblish is nonputrescible solid wastes consisting( of both combustible and non - combustible wastes; such as paper, wrap- pings, cigarettes, cardboard, tin cans, wood, glass, bedding, crock- ery and similar materials. Rubble is broken fragments of concrete, brick, stone or asphalt when such fragments are scattered in disarray. Commercial Handbill is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, book- let, or any other printed or otherwise reproduced original or copies of any matter or literature: 1. Which advertises for sale any merchandise, product, commodity or thing; or 2. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promotion the interest thereof by sales; or 3. 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 prof- it; 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 defray- ing the expense incident to such meeting, theatrical performance, exhibition, or event of any kind; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any Page 1 of 9 (Ord. 25 -73) MICROFILMED 3 -14-80 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 (4) Which, while containing reading matter other than advertising matter, 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. 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. Newspaper is any newspaper of general circulation as de- fined by general law, any newspaper fully entered with the Post Off ice 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 periodical or current magazine regularly published with not less than four issues per year, and sold to the public. Junk is any scrap metal, scrap lumber,discarded building materials, junk vehicle, abandoned parts, machinery, machinery parts, household appliances, air conditioners and similar non - functioning assemblies or their components. Junk vehicle shall mean any vehicle, including a trailer or motor or mobile home, which does not bear a license number plate, or if it bears a license number plate, said license number plate has not been valid for a period of more than six (6) months, which said vehicle is in either a rusted, wrecked, discarded, dismantled, partly dismantled, in- operative or abandoned condition. Park is a park, reservation, playground, beach, recreation center or any other public area owned or used by the City and devoted to active or passive recreation. Person is any person, firm, partnership, association, corporation, company or organization of any kind. 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. 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. SECTION 2. Litter in Public Places . No person shall throw or deposit litter in or upon any street, sidewalk or other public place with- in the City except in public receptacles or in authorized private receptacles for collection. or -in-official- (ley-du- s:* (Amended July 3, 1973) Page 2 of 9 (Ord. 25 -73) MICROFILMED 3 -14-80 SECTION 3. 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. SECTION 4. 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. SECTION 5. 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 6. 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. SECTION 7. 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 or contents of litter from being blown or deposited upon any street, alley or other publit place. Nor- sh 11 person- drive or-move-any- velikele- er - truck within-the-City; -the-wheel-s- or -tires- of wrieh- earr -r& onto- or- deposit- in any street,- -a3ley or -other -pub lie place,- mud,- dir -t; - st4eky - substanees- or- foreign ma -tier of - any -kind: -* SECTION 8. 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. *(Amended July 3, 1973) Page 3 of 9 (Ord. 25 -73) MICROFILMED 3 -14.80 SECTION 9. Litter in river. No person shall throw or deposit litter in any river or any other body of water in a park or else- where within the City. SECl'ION 10. 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 11. 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 12. 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 13. Throwing or distributing commercial hand- bills in public places. No person shall throw or deposit any commercial or non - commercial handbill in or upon any sidewalk, street or other public place within the Ci ty. Nor shall any person hand out or distribute or sell any commercial handbill in any public place. Provided, however, that it shall not be unlawful oh' any sidewalk, street, or other public place within the City for any person to hand out or distribute without charge to the receiver thereof, any non - commercial handbill to any person willing to accept it. SECTION 14. Placing commercial and non - commercial handbills on vehicles. No person shall throw or deposit any commercial or non - commercial handbill in or upon any vehicle; provided, however, t hat 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 Page 4 of 9 (Ord. 25 -73) MICROFILMED 3 -14.80 handbill to any occupant of a vehicle who is willing to accept it. SECTION 15. Depositing commercial and non - commercial handbills 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. SECS "PION 16. Prohibiting distribution of handbills where properlys posted. No person shall throw, deposit or distribute any commercial or non - commercial handbill upon any private premises, if required 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 Advertisements" 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. SECTION 17. Distributing commercial and non- commercial handbills at inhabited private premises. No person shall throw, deposit or distribute any commercial or non - commercial hand- bill in or upon private premises which are inhabited, except by ha:ding or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises. Provided, however, that in case of inhabited private premises which are not posted, as provided in this ordinance, such person, unless requested by anyone upon such premises not to do so, shall have the authority to place or deposit any such 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 premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by Federal postal law or regulations. Page 5 of 9 (Ord. 25 -73) y:.. MICROFILMED 3 -I4 °80 (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 newspaper s.unle.ss.,specifically, subscribed. - for.,* SECTION 18. 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 lamp post, public utility p.eapr shade tree, or upon any public structure or building, except as may be authorized or required by law. SECTION 19. Storage of junk vehicles. A j unked vehicle may not be parked, stored or left in the open unless it is ncessary for the operation of a business enterprise lawfully situated on private property. Any other junked vehicle or vehicles mu st be relocated to a completely enclosed location or otherwise removed from the property. SECTION 20. Complaints; reports. Any citizen or in- habitant of the City of Cape Canaveral may make complaint to any police officer of the existence of litter on private property. Upon receipt of said complaint, the officer shall inspect the property complained of and file a written report with the City Manager. Sa id report shall be on a form provided by the City Manager and shall, at a minimum, include the following information: property location, inspector, location-and type of litter and if a vehicle, the make, year, type, color, license number plate by number, state and year, motor number, serial number, number of wheels in place, percentage of rust, and any other remarks regarding broken glass, missing fenders, motor, transmission, battery, radiator, headlights or bumpers; said report shall also include a list of articles of value found within any vehicle. Based upon said report, the City Manager shall make a determin- ation as to whether or not said vehicle is properly classified as litter and/ or a junk vehicle. SECTION 21. Notice and order for removal of litter on private property or junked vehicle. If the City Manager determines that the vehicle is a junk vehicle, the Police Department shall attempt to notify the owner of said vehicle and request that he immediately remove the said litter and /or vehicle. In the event the litter and /or vehicle is not removed, *(Amended July 3, 1973) Page 6 of 9 (Qxd. 25 -73) MICROFILMED 3-14-80 the City Administration shall cause to be served by registered mail addressed to the property owner on which the litter and /or junked vehicle is located as determined from the tax rolls of the City, a notice and order which shall notify by description of litter and if a vehicle, the make, body type, color and license number, the vehicle or vehicles complained of, that the litter and /or vehicle or vehicles are in violation of this Ordinance and that the property owner is required and ordered to remove said vehicle or vehicles within thirty (30) days after service, and if there be a failure to so remove, that the City may remove or cause the removal of such litter and /or vehicles from the property and assess- ing the cost to the property owner. Said notice and order shall further notify the property owner that he may, within fifteen (15) days of the service, request a hearing before the City Council of the City of Cape Canaveral to determine whether said notice and order was proper or justified, and that such request must be in writing and addressed to the City Manager. The City Manager shall also post a duplicate of the original of said notice and order in a conspicuous spot on the affected property. The hearing shall be held prior to the expiration of the period for compliance by the property owner. **SECTION 22. Failure to comply with notice and order; removal by City; assessment and collection of City's cost, unpaid sums added to tax rolls of the property. If the property owner does not comply with the notice and order within the time specified therein, then the City may proceed with the removal of the said litter and /or junked vehicle or vehicles, or may cause the same to be done. If the City proceeds to execute a notice of order issued by it for the removal of litter and /or junked vehicle or vehicles, said City may let contracts therefor. The Cit y may charge or assess the said property and the owner with the actual cost of labor performed and materials furnished in removing the litter and /or junked vehicle or vehicles , together with 10% of the cost of such labor and materials for the use of tools and supervision, and said amounts shall constitute an indebtedness of the owner of said Page 7 of 9 (Ord. 25 -73) r. MICROFILMED 344-80 46. 1-13011■86.1111.30. property to the. City of Cape Canaveral, and shall constitute a lien against said property which shall be superior to all other liens except the liens for State and County taxes and City taxes, and the liens for special assessments for public improvements. The City Clerk shall enter in a book provided by him for such purpose the claim of the City for said lien, in which he shall give a brief description of the property, the name of the owner, if known, and the amount due to the City for which said lien is claimed. The amounts so expended by the City shall become due within one (1) month after the expenditure of the same, and if not paid within said time, shall bear interest after one (1) month from the date thereof at the rate of one (1%) per cent per month until paid. Upon payment of the amount due for said work the City Clerk shall enter on said record the fact and date of payment thereof, and such entry of pay- ment by the City Clerk shall constitute a discharge of the lien. * *(As amended July 3, 1973) SECTION 23. Waiver of rights by property owners; removal at City's costs. If a property owner has been served a notice and order to relocate or otherwise remove litter and /or junked vehicles, and if the property onwer elects to relinquish his rights and interest to the litter and /or vehicle or vehicles and to permit the City to carry out the abatement of the violations as listed in a notice and order without further delay, then, in that event, the City may proceed to remove the violations, providing the owner signs a waiver, in writing, to this effect, holding the City harmless from any damage claims, and submit same to the City Manager. Any expense incurred by the City as a result of removing any litter and /or junked vehicles following the receipt of a waiver by the property omn er or his duly authorized repressntative shall, in the event that the property owner or his duly authorized representative can satisfactorily establish that the property owner is not the owner of said litter and /or junked vehicles, be at the City's expense, other provisions of this Ordinance notwithstanding. Page 8 of 9 (Ord. 25 -73) 1 MICROFILMED 3.4.80 SECTION 24. Penalty. Any person violating any provision of this Ordinance shall, upon conviction in a court of competent juris- diction, be punished by a fine not to exceed $300.00 or imprisonment not to exceed 10 days. SECTION 25. Ordinances Nos. 64 -20, 64 -20 -A, 64 -22 and 2 -69 are hereby repealed. SECTION 26. This Ordinance shall become effective im- mediately upon its adoption by the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, THIS 3RD DAY OF JULY , 1973. City Attorney FIRST READING: JUNE 19, 1973 POSTED: JUNE 21, 1973 2ND READING: JULY 3, 1973 Sponsori g Counci man Page 9 of 9 (Ord. 25 -73)