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HomeMy WebLinkAboutOrdinance No. 33-1986MICROFILMED AUG 87 ORDINANCE NO. 33 -86 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 675 "LITTER AND WASTE ", BY DELETING REFERENCES TO JUNK OR JUNK VEHICLES; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Chapter 675, "Litter and Waste ", of the Code of Ordinances of the City of Cape Canaveral, Florida, is hereby repealed in its entirety, and replaced with the following: CHAPTER 675 LITTER AND WASTE Sec. 675.01 Definitions. Litter is garbage, rubbish, rubble and handbills as hereinafter defined. Garbage is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Rubbish is nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials. Rubble is broken fragments of concrete, brick, stone or asphalt when such fragments are scattered in dis- array. Commercial Handbill is 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 or literature: A. Which advertises for sale any merchandise, produce, commodity or thing; or B. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or C. 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 profit; but the terms of this clause shall not apply where an admis- sion fee is charged or a collection is taken up for the purpose of defraying 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 meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or ORDINANCE NO. 33 -86 PAGE 1 OF 6 PAGES MICROFILMED AUG 87 may be required by any law of this State, or under any ordinance of this City; or D. Which, while containing reading matter other than advertising matter, is predominantly and essen- tially 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. Noncommercial Handbill is any printed or written matter, any sample or device, dodger, circular, leaf- let, 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 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 periodical or current magazine regularly published with not less than four issues per year, and sold to the public. 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, associa- tion, 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 inhab- ited 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. Sec. 675.02 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 recep- tacles for collection. Sec. 675.03 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. Sec. 675.04 Sweeping Litter into Gutters Prohibited. No person shall sweep into or deposit in any gutter, street or other public place within the City the accumu- lation 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. ORDINANCE NO. 33 -86 PAGE 2 OF 6 PAGES MICROFILMED 411E R7 Sec. 675.05 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 accumu- lation 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. 675.06 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. Sec. 675.07 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 public place. Sec. 675.08 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. Sec. 675.09 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. Sec. 675.10 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. Sec. 675.11 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. Sec. 675.12 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. Sec. 675.13 Throwing or Distributing Commercial Handbills in Public Places. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City. 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 on 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 noncommercial handbill to any person willing to accept it. Sec. 675.14 Placing Commercial and Noncommercial Handbills on Vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand ORDINANCE NO. 33 -86 PAGE 3 OF 6 PAGES MICROFILMED AUG 87 out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. Sec. 675.15 Depositing Commercial and Noncommercial Handbills on Uninhabited or Vacant Premises. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. Sec. 675.16 Prohibiting Distribution of Handbills Where Properly Posted. No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested 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 mannner 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. Sec. 675.17 Distributing Commercial and Noncommer- cial Handbills at Inhabited Private Premises. No per- son shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises 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 premises. Provided, however, that in case of inhabited private premises which are not posted, as provided in this Chapter, such person, unless requested by anyone upon such premises not to do so, shall have the author- ity 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 hand- bill 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. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers. Sec. 675.18 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 pole or shade tree or upon any public structure or building, except as may be authorized or required by law. Sec. 675.20 Complaints; Reports. Any citizen or inhabitant 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. Said 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. Sec. 675.21 Notice and Order for Removal of Litter on Private Property. The Police Department shall attempt to notify the owner of said litter and request that he immediately remove the said litter. In the event the litter is not removed, the City Administra- tion shall cause to be served by registered mail addressed to the property owner on which the litter is located as determined from the tax rolls of the City, a ORDINANCE NO. 33 -86 PAGE 4 OF 6 PAGES MICROFILMED AUG 87 notice and order which shall notify by description of litter that the litter is in violation of this Chapter and that the property owner is required and ordered to remove litter 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 from the property and assess 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 conspicu- ous spot on the affected property. The hearing shall be held prior to the expiration of the period for compliance by the owner. Sec. 675.22 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 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, said City may let contracts therefor. The City may charge or assess the said property and the owner with the actual cost of labor performed and materials furnished in removing the litter together with ten percent (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 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 expend- iture 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 percent (1 %) 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 payment by the City Clerk shall constitute a discharge of the lien. Sec. 675.23 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 if the property owner elects to relinquish his rights and interest to the litter and to permit the City to carry out the abatement of the viola- tions 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 submits same to the City Manager. Any expense incurred by the City as a result of removing any litter following the receipt of waiver by the property owner or his duly authorized representative shall, in the event that the property ORDINANCE NO. 33 -86 PAGE 5 OF 6 PAGES MICROFILMED AUG 87 owner or his duly authorized representative can satis- factorily establish that the property owner is not the owner of said litter, be at the City's expense, other provisions of this Chapter notwithstanding. Sec. 675.24 Penalty. Any person violating any provisions of this Chapter shall be punished by a fine not to exceeed $300 or imprisonment not to exceed ten (10) days. SECTION 2. If any provision of this ordinance or the appli- cation thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid pro- vision or application and to this end the provisions of this ordinance are declared severable. SECTION 3. All portions of the Code in conflict herewith are hereby repealed. SECTION 4. This Ordinance shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of ATTEST c`f Ap November Mayor , 1986. tjlia Fy First Reading November 6, 1986 Posted: November 7, 1986 Advertised: November 8, 1986 Second Reading: November 18, 1986 NAME YES NO FISCHETTI X KIDD X LEE X MARCHETTI X NICHOLAS X , ORDINANCE NO. 33 -86 PAGE 6 OF 6 PAGES