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HomeMy WebLinkAbout2732 1 2 :3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 .31 32 ORDINANCE NO. d. 7"....,:] .;L AN ORDINANCE OF THE CITY OF SAN BERNARDINO PROHIBITING THE THROWING OR DEPOSITING OF LITTER IN PUBLIC PLACES IN THE CITY OF SAN BERNARDINO; REGULATING THE DISTRIBUTION OF COMMERCIAL AND NON- COMMERCIAL HANDBILLS'. AND CONTROLLING THE DEPOSITING OF LITTER ON PRIVATE PREMISES. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWSf SECTION ONE: Short Title. This Ordinance shall be known and may be cited as the "Anti-Litter Ordinance." SECTION TWO~ Definitions. For the purposes of this section the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with 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. The word "shall" is always mandatory and not merely directory. (1) "Aircraft" is any contrivance now known or hereafter 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. (2) "City" is the City of San Bernardino. (3) "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 of literature~ (a) Which advertises for sale any merchandise, product, commodity, or thing; or (b) Which directs attention to any business or mercan- tile or commercial establishment, or other activity, for the pur- pose 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~ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 .31 32 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 taken place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; 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 this State, or under any ordinance of this City; or (d) Which, while containing reading matter other than advertising matter, is predominately and essentially an adver~ tisement, and is distributed or circulated for advertising pur- poses, or for the private benefit and gain of any person so engaged as advertiser or distributor. (4) "Litter" is garbage and refuse and rubbish as defined herein and all other waste" material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. (5) "Newspaper" is 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, shall mean and include any periodical or current maga- zine regularly published with not less than four issues per year, and sold to the public. . -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 .31 32 (6) "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 other- wise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial hand- bill or newspaper~ (7) "Park" is a park) reservation) playground) recreation center or any other public area in the City, owned or used by the City and devoted to active or passive recreatmoB. (8) "Person" is any person) firm) partnership) association) corporation) company or organization of any kind. (9) "Private premisesll 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 be- longing or appurtenant to such dwelling, house) building) or other structure. (10) "Refuse" is all putrescible and non-putrescible solid wastes (except body wastes)) including garbage) rubbish) ashes, street cleanings) dead animals) abandoned automobiles) and solid market and industrial wastes. (11) "Rubbish" is non-putrescible solid 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. SECTION THREE: Litter in Public Places. No person shall throw or deposit litter in or updn 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 FOUR: Placement of Litter in Receptacles So as to Prevent Scattering. -3- 31 1 2 3 4 5 6 7 Persons piMcingc litter in public receptacles or in authorized p-ivate "'eceptacles shall do so in such a manner as to prevent it f"'om being carried 0" deposited by the elements upon any street, sidewalk or other public place. SECTION FIVE: Sweeping', Litter Into Gutters Prohibited. j No person shall sweep into or deposit in any gutter, street or othe public place within the City the accumulation of li1tter from any building or lot or from any public or private sidewalk or drive- 8 9 way. Persons owning or occupying property shall keep the side- 10 walk in front of their premises free of litter. 11 SECTION SIX: Litter in Parks. No person shall throw or 121 ~eposit litter in any park within the City except in public recep- 13 tacles and in such aJRanner that the litter will be prevented 14 from being carried or deposited by the elements upon any part of 15 the park or upon any street or other public place. Where public 16 17 18 "eceptacles axe not provided, all such litter shall be carried away fr~m the park by the person responsible for its presence and p"'operly disposed of elsewhere. 19 SECTION SEVEN: Throwing or Distributing Commercial Hand- 20 bills in Public Places. No person shall th"'ow Or deposit any 21 commercial 0'" non-commercial handhi~l in or upon any sidewalk, 22 23 st"'eet or other public place within the City. Nor shall any pe'-son hand out 0'" distribute or sell any commercial handbill 24 in any public place. Provided, however, that it shall not be 25 26 27 28 29 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, apy non-commercial handbill to any person willing to accept it. SECTION EIGHT: Placing Commercial and Non-Commercial Hand 30 bills on Vehicles. No person shall throw or deposit any commer- cial 0- non-commercial handbill in or upon any vehicle. Provided, 32 h~y'e"er, that it shall be lawful in any public place for a person -4- 1 to hand out or distribute without charge to the receiver thereof, 2 a non-commercial handbill to any occupant of a vehicle who is 3 willing to accept it. 4 SECTION NINE: Depositing Commercial and Non-Commercial 5 Handbills on Uninhabited or Vacant Premises. No person shall 6 throw or deposit any commercial or non-commercial handbill in or 7 upon any private premises which are temporarily or continuously 8 uninhabited or vacant. 9 SECTION TEN: Prohibiting Distribution of Handbills Where 10 Properly Posted. No person shall throw, deposit or distribute 11 any commercial or non-commercial handbill upon any private 12 premises, if required by anyone thereon not to do so, or if there 13 is placed in said premises in a conspicuous position near the 14 entrance thereof, a sign bearing the words: "No Trespassing", 15 "No Peddlers or Agents", "No Advertisement", or any similar notice, 16 indicating in any manner that the occupants of said premises do 17 not desire to be molested or have their right of privacy dis- 18 turbed, or to have any such handbills left upon such premises. 19 SECTION ELEVEN: Distributing Commercial and Non-Commercial 20 Handbills at Inhabited Private Premises. No person shall throw, 21 deposit or distribute any commercial or non-commercial handbill 22 in or upon private premises which are inhabited, except by 23 handing or transmitting any such handbill directly to the owner, 24 occupant, or other person then present in or upon such private 25 premises. Provided, however, that in case of inhabited private 26 premises which are not posted, as provided in this Ordinance such 27 person, unless requested by anyone upon such premises not to do so, 28 shall have the authority to place or deposit any such handbill 29 in or upon such inhabited private premises, if such handbill is 30 so placed or deposited as to secure or prevent such handbill 31 from being blown or drifted about such premises or sidewalks, 32 streets, or other public places, and except that mailboxes may not -5- 1 be so used when so prohibited by Federal postal law or regulations. 2 (a) Exemption for Mail and Newspapers. The provisions of 3 this Section shall not apply to the distribution of mail by the 4 United States, nor to newspapers (as defined herein). 5 SECTION TWELVE: Dropping Litter from Aircraft. No person 6 in an aircraft shall throw out, drop or deposit within the City 7 any litter, handbill or any other object. 8 SECTION THIRTEEN: Posting Notices Prohibited. No person 9 shall post or affix any notice, poster or other paper or device, 10 calculated to attract the attention of the public, to any lamp 11 post, public utility pole or shade tree, or upon any public struc- 12 ture or building, except as may be authorized or required by law. 13 14 15 16 17 18 19 20 21 22 23 SECTION FOURTEEN: 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 FIFTEEN: Owner to Maintain Premises Free of I I I LitteJ. at I I I I I I I I I The owner or person in control of any private property shall all times maintain the premises free of litter. Provided, how- 24 25 26 27 28 29 ever, that this Section shall not prohibit the storage of litter in authorized receptacles for collection. Litter on Vacant Lots. No person SECTION SIXTEEN: shall throw or deposit litter on any open or vacant private property within the City whether owned by such person or not. SECTION SEVENTEEN: Any person, firm or corporation 30 violating or causing or permitting the violation of any of 31 the provisions of this ordinance shall be deemed guilty 32 ~f a misdemeanor, and upon conviction thereof shall be -6- 1 punishable by a fine of not more than Five Hundred ($500000) 2 Dollars, or by imprisonment for a period of not more than six 3 months, or by both such fine and imprisonmento Each person, firm 4 or corporation shall be deemed guilty of a separate offense for 5 each day during any portion of which any violation of any provi- 6 sion of this Ordinance is committed, continued or permitted by 7 such person, firm or corporation and shall be punishable therefor 8 as provided by this Ordinanceo 9 SECTION EIGHTEEN: Separabilityo If any section, subsection, 18 19 20 21 22 23 24 25 26 27 28 29 30 .31 32 10 11 12 13 14 15 16 17 sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of com- petent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereofo I HEREBY CERTIFY that the foregoing ordinance was adopted by the Mayor and Common Council of the City of San Bernardino at a /ftl~ meeting thereof, held on the .!Ld day of ~ . 1966, by the following v~te, to ~it: . AYES: Councilmen ;/~, ~~ ~ #~ of The foregoing (~~ ABSENT:~~ ~~ -A/ad ~ ~~~ if ity Cler ordinance is hereby approved this ~dtay NOES: '-J~ , 19660 rJ4f C"d~ Mayor 0 the City 0 an er rdino Approved as to form: ") /7 '~t'e {) l( C j/ ,"/A.L.-'-",;7 C~ty orney FI LED 11,~R!; 1966 ~;~Y:'::: f/ .