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HomeMy WebLinkAboutOrdinance 510N liC," PbOHIBITING THS; '"M 01,7ING 011", DEPjSI'1'ING OF LITTE, IN P*UBi,'(, di &�Dl --1 1, 1 �, I I L PLACES IN THE CITY OF JCOEJ-�; 1`,."'GUjL,-,TiNG THE. DISTF',IBUTION OF OLLING THE D-7POSITING OF LITTZII� ON iND NJN-�`Ch,, 1-1�,"NDBILLS; W!'IT-L�, 'CIJBING -7 ISES; !A'J\/IDI_NG i,1"I" FJ1, CITY �ND PilMS I .L 1,1VATZ M,M iz, N �A PE'NiJ_,_TI"­S FJ11, THE VIOLATION OF IT� 2L. JVT S 1 014S BE IT 0110,.,-�IITID BY TH'"' CITY COUNCIL OF THE CITY OF JCDEE: '-,-7"TION 1 .1. ':'hors Title. This ordinance shall be known ens may be cited as the City of Ocoee Anti -Litter Ordinance. 40 SECTION 1-2. Definitions. For the purposes of this ordinance the fol- lowing terr.,-is, phrases, words and their derivations shall have the niean- ing given herein. ';`hen not inconsistent with the context, words usa6 in the present tense include the future., words used in the plural number include the singular number, and words used in the singular number in- clude the plural number. The word "shall" is always mandatory anu not merely directory. "Aircraft" is any contrivance now Known or hereafter invented, used or designated for navigation or for slight in the air. The wo---',,, "aircraft" shall include helicopters and lighter -than -air dirigibles and ballons. (2)u thorized private receptacle" _Ls a litter storage and col.• lection receptacle as required and authorized by the Ocoee SanCa- tion Department. (3) "City" is the City of Ocoee. (4) "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 or­1.'.,,--_1naI or copies of any matter of literature: (a) Which advertises for sale any merchandise, product, com.- modity, or thing; or (b) 11hich directs attention to any business or mercantile or corvanerical 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 ;.rind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply wher_. an admission fee is charged or a collection is taken up • JT for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event -of ,-,ny L,inc: 1 I- when either of the sat -.ie is held, given or takes place in connection with the dissemination of information which is not restricted' under the ordinary rules of decency, good morels, public peace, safety and good order; P1,0VI'DED, that nothing S 4 contained in this clause shall be cleeiiied to authorize the holding , 0 criving or taking place of any meeting, theatricl-11 1 perforimance, exhibition, or event of any kind, without a Lic- ense, where such license is or may be required by any 1�:w of this Statc 1 0'-',' ui,idier ,Any ordinance of this City; or (u) T,,.Thich, while containing reading matter other a6vLr-- tising matter, is predominantly and essentially an advertise- ment, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor. (5) "Garbage is putrescible animal and vegetable wastes resulting 9 from, the handling preparation cooking and consumption of -'-oo6. C:�) L (6) 11itter" is "garba(,0e 'Vire fuse" and `_rubbish" as defined herein and all other waste material which, if thrown or deposited as herein proiiibiteu', tends to create a danger to public health, safety and • welfare. (7) "Newspaper" is any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office De- partment of the United States,, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any re - carding officer as provided by g, in addition thereto C� general law; and, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public. (8) "von -Commercial handbill" is any printed or written iaatter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise repro- duced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper. (9) "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. (10) "Person" is any person, firm, partnership, association, cor- poration,, company or organization of any kind. (11) "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 continu- ously 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. (12) "Public Place" is any and all streets, sidwalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and building. _Lng. (13) "refuse" is all putrescible anuirinputrescible solid wastes, (except body wastes) including garbage, rubbish, ashes, street cleanings, dead animals, abondoned automobiles, and solid uericet and industrial wastes and abon6ono6 refrigerators, stoves etc. (14) '11<,ubbish" is noriputrescible solid wastes consisting of both combustible and non-combustible wastes, such a paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, ,-ass bedding, crockery a similar materials. and i L (15) "'Vehicle" is every crevice in, upon, or by which any person or property is or r., -.ay be transported of drawn upon a highway, in- cluding devices used exclusively upon stationary rails or tracks. SECTION 1-3. 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, in authorized private receptacles for collection, or in official City dumps. SECTION 1-4. Placement of Litter in Receptacles So as to Prevent Scat- tering. 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. SECTION 1-•5. Sweeping Litter Into_Gutters Prohibited. No person shall •sweep into or deposit in any gutter, street or other public place within the Cit;- the accuraulation 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. SECTIO14 1-6. Merchants' Duty to K ep Sidewalks Free of Litter. No per- son 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 sidwalk in front of their business premi- ses free of litter. SECTION 1-7. 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, or upon private property. SECTION 1-8. Truck roads 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, contents or litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive or move 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, mud, dirt, sticky substances, litter or foreign matter of any kind. SIMION 1-9. 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. SECTION 1-10. 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. SECTION 1-11. Throwingz or Distributing Commercial Handbills in Public Places. No person shall throw or deposit any commercial or non-commer- cial handbill in or upon any sidewalk, street or other public place with- in the City. icor 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 non-commercial handbill to person willing to accept it. SECTION 1-12. Placing Commercial and Non -Commercial Handbills on Vehicles. No person shall throw or deposit any commercial or non-commercial hand- bill 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. a3'C1ION 1-13. 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. SECTION 1-14. Prohibiting Distribution of Handbills Where_ Properly Posted. No person shall throw, deposit or distribute any commercial or non-commercial handbill upon any private premises, if requested by any - on,,, 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: 'filo Trespassing", "No Peddlers or Agents", " No Advertisement" or any similar notice, indicating in any matter that the occupants of said premises do not desire to be molested or have their right of pri- vacy disturbed, or to have any such handbills left upon such premises. SECTION 1-15. Distributing Commercial and Non --Commercial Handbills at Inhabited Premises. No person shall throw, deposit or distribute any commercial or non-coriulercial handbill in or upon private premises which are inhabited, except by handiag or transmitting any such handbill di- rectly to the owner, occupant, or other person then present in or upon such private premises. Provided, however, that in case of an inhabited private premises which ire not posted, as provided in this ordinance, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbillis so placed or deposited as to secure or prevent such handbill froarr, 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 regula- tions. (a) ;Exemption for Aail and Newspapers. The provisions of this Section shall not apply to the distribution of mail by the United :Mates, nor to newspapers (as defined herein) except that news- papers 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 or upon private property. SECTION 1-16. 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 1-17. Posting. Notices Prohibited. No person shall post or af- fix 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 IS authorized or required by law. SECTION 1-1$. 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 ffiat litter will be prevented from being carried or deposited by the elements upon any street, side- walk or other public place or upon any private property. S CTION 1-19. 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 1-20. 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 1-21. Clearing of Litter from Open Private Property by City. • (a) Notice to Remove. The City Clerk, upon order of the City Coun- cil, is hereby authorized and empowered to notify the owner of any open or vacant private property within the City or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by tegistereG !Aail, addressed to said owner at his last known address. (b) Action Upon ikon -Compliance. Upon the failure, neglect or re- fusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare within fifteen (15) days after receipt of written notice provided for in sub -section (a) above, or within thirty (30) days after the date of such notice in the event the same is returned to the City Post Office Department because of its inability to make delivery there- of, provided that same was properly addressed to the last known address of such owner, or agent, the City Council or the City Clerk is hereby authorized and empowereci to pay for the disposing of such litter or to order its disposal by the City. (c) Charge Included in the Tax Bill. When the City has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six per cent (6%) per annum from the Gate of the completion of the work) if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the city, and said charge shall be due and pay- able by said owner at the time of payment of such bill. (d) `ecorded Statement Constitutes Lien. Where the full amount I ue the City is not paid by such owner within thirty (30) days after the disposal of such litter, <-s provided for in subsections (a) and (b) above, then and in that case, the City Clerk shall cause to be recorded in the Public �tiecords of the City or County a sworn statement showing the costs and expenses incurred for the wore., the date the wore. was done and the location of the property on which said work was done. The recordation of such sworn stcte- . ment shall constitute a lien and privilege on i:he property, cand shall remain in full force and effect for the amount due in prin- cipal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further shall be subject to a delinquent penalty of six per cent (6%) in the event same is not paid in full on or before the date the tax bill upon which said charges appears becomes delinquent. U c> �J Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satis- factorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. SECTION 1-22. Penalties. piny person violating any of the provisions of this ordinance shall be deeined guilty of a misdemeanor and upon convic- tion thereof shall be fined in an amount not exceeding Five Hundred Dol- lars ($500) or be imprisoned in the City or(,ounty Jail for a period not exceeding ninety (90) clays or be both so -fined anu imprisoned. Each day such violation is committed or permitted to continue shall consti- tute a separate offense and shall be punishable as such hereunder. SECTION 1-23. Separabilty. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held in- valid or unconstitutional by any court of: competent jurisdiction, such portion shall be deemed a separate, distinct and independant provision and such holding shall not affect the validity cf the remaining portions hereof. SECTION 1-24. Ordinances Repealed. rill ordinances and parts of ordi- nances in conflict with the provisions of this ordinance are hereby repealed. "ECTION 1-2 . >hrul:i anv )ortion of this Ordinance be h.ci.d inval-, d, then such portions as are nQ:,`t delcar� d t-= be invalid shall remain in fall force and effect. DOI,,E ?1`? O�'.7'. ,h`vQJr," , at Ocoee_, Orang^ County, Flo,jda, thito rd�__�____day of ��b,19?0. .n m ; e rn . Clcr�. (`' T ) S a..e. Le L l Fresident ofCouncil .Approved by the M=ayor finis 2rd day of Feb. 1970. �f- JL-'4 l�La.yor