Chapter 6

 

GARBAGE AND TRASH DISPOSAL [1]

 

Art. I.     In General, §§ 6-1 – 6-15

Art. II.    Collection Services, §§ 6-16 – 6-45

Div. 1.  Generally, §§ 6-16 – 6-25

Div. 2.  Residential, Other Than Condominiums, §§ 6-26 – 6-35

Div. 3.  Mechanical Containers For Condominiums and Town, §§ 6-36 – 6-45

Art. III.  Removal of Weeds and Other Refuse, §§ 6-46 – 6-60

Art. IV.   Solid Waste Management, §§ 6-61 – 6-80

Div. 1.  Generally, §§ 6-61 – 6-70

Div. 2.  Solid Waste Disposal District, §§ 6-71 – 6-75

Div. 3.  Solid Waste Flow Control, §§ 6-76 – 6-80

 

 

ARTICLE I.  IN GENERAL

 

Sec. 6-1.    Definitions.

 

Definitions in this chapter are intended to further clarify terms used in the solid waste industry and shall be as follows:

 

Collecting points. The words “collecting points” shall herein refer to the designated physical location for the placement of refuse accumulations for single-family and duplex residential service collection and disposal. This designated location shall be as near as possible to the traveled street nor­mally serviced by refuse collection vehicles, but in no case upon such street nor within the east or west eighty-five foot setback from the center of SR A1A. The intention of a collection point designation is to allow collection by the contractor's personnel in a rapid manner, with walking or reaching mini­mized. Collecting point requirements shall not apply to condominiums or co-ops which may have one or more collection points, nor to residential customers who purchase special services.

 

Contract collection area shall include all of the Town of Hillsboro Beach, Florida, as the boundaries of said town now exist.

 

Contractor shall mean any person, company, or corporation authorized to do business in the State of Florida and designated by the town as its refuse collector.

 

Excavation, construction and demolition wastes. The words “excavation, con­struction and demolition wastes” shall include building materials and rubble, but shall not be limited to earth, stone, brick, flooring, lumber, plaster, roofing, and any other waste resulting from construction, remodeling, repair or demolition of any building, pavement or other structure.

 

Garbage. The word “garbage” is hereby defined to mean every refuse accumula­tion of animal, fruit, or vegetable matter that attends the preparation, use in cooking, and dealing in or storage of meats, fish, fowl, fruit or vegeta­bles; any matter of any nature whatsoever which is subject to decay and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-car­rying insects; and any bottles, cans or other containers, utilized in normal household use, which, due to their facility to retain water, may serve as breeding places for mosquitoes or other insects.

 

Garbage can shall be defined to mean a plastic or galvanized metal can of a type commonly sold as a garbage can with a capacity not to exceed thirty-two (32) gallons, and each such can shall have two (2) handles upon the sides of can or bail by which it may be lifted, and shall have a tight-fitting top.

 

Garden and lawn trash. The words “garden and lawn trash” shall mean all accu­mulations of grass, leaves, shrubbery, vines, tree branches and trimmings which are normally associated with the care and maintenance of landscaping.

 

Household trash. The words “household trash” shall herein refer to accumula­tions of paper, magazines, packaging, containers, sweepings and all other accumulations of a nature other than garbage or lawn trash, which are usual to housekeeping and to the operation of business places.

 

Mechanical container shall mean and include any detachable container designed or intended to be mechanically dumped into a packer-type garbage truck and varying in size from one (1) to six (6) cubic yards capacity.

 

Refuse. The word “refuse” shall include garbage and trash, as hereinafter de­fined, and all trash, rubbish, paper, glass, metal and other discarded matter which is abandoned to the town for disposal.

 

Refuse regulations. The term “refuse regulations” shall herein refer to such administrative rules, regulations, and procedures as may be established for the purpose of carrying out or making effective the provisions of this chap­ter.

 

Residential service. The term “residential service” shall herein refer to the refuse collection service provided to all residential dwelling units, includ­ing homes, duplexes, villas, condominiums and co-ops, within the collection area.

 

Special service. The term “special service” shall mean any collection or dis­posal service provided which exceeds the uniform level of service provided by the town and for which a special service charge may be applied.

 

Town shall mean the Town of Hillsboro Beach, acting through the town commis­sion or its designee, as the case may be.  (Ord. No. 120, § 1, 04-04-1983; Ord. No. 124, § 1, 02-06-1984)

 

Sec. 6-2.    Enforcement and penalties.

 

(a)        It shall be unlawful for any person to fail, neglect or refuse to comply with and abide by each provision of this chapter. The performance on each day of any prohibited act or practice, or the failure to perform on each day any required act or practice, shall constitute a separate of­fense and shall be punishable as such.

 

(b)        The town commission or its designee may file charges against any person failing or refusing to comply with any section of this chapter. Such violators shall, upon conviction, be punished as provided in this sec­tion.

 

(c)        The town commission or its designee may declare an accumulation of trash, refuse, or other garbage to be a health hazard, if in the opinion of that designee the accumulation is detrimental to the health or safety of any person in the town or poses a threat to the health or safety of any person in the town. Upon the determination that such a hazard ex­ists, the designee shall notify the property owner or lessee of the property that such person has forty-eight (48) hours to remove or remedy the condition. This notice shall be by ordinary mail or hand delivery.

 

(d)        Any person who owns or rents property upon which a health hazard exists and fails to remove the health hazard within forty-eight (48) hours of receiving said notice shall pay a fine of fifty dollars ($50.00). Each day the hazard continues to exist shall be deemed a separate violation of this chapter, punishable by such fine.  (Ord. No. 120, § 2.07, 04-04-1983)

 

Sec. 6-3.    Illegal disposal of refuse.

 

No person shall deposit on, or bury in, or cause to be deposited on or buried in any land, beach, street, bridge, or other public passageway, or any storm sewer, vacant or unoccupied lot, or any river, canal, creek, or watercourse, any noxious, filthy, malodorous or offensive liquid or solid materials, gar­bage, refuse or rubbish, or place or keep materials, garbage, refuse or rub­bish anywhere within the limits of the town, in any vessel or receptacle other than in an approved residential refuse container which is collected regularly. No person shall burn or cause to be burned any refuse or waste anywhere within the town limits, except as otherwise provided by law.  (Ord. No. 120, § 2.05, 04-04-1983)

 

Sec. 6-4.    Disposal by authorized personnel.

 

Disposal of refuse by persons authorized under this chapter shall be made in accordance with the requirements of the Department of Natural Resources, State of Florida, and any other governmental body with authority to regulate refuse disposal. Disposal may be at any “authorized” treatment facility or approved sanitary landfill sites.  (Ord. No. 120, § 2.03, 04-04-1983)

 

Sec. 6-5.    Transportation of garbage.

 

Garbage shall be transported in watertight containers in a vehicle provided with a tight-fitting cover and so constructed as to prevent offensive odors from escaping therefrom.  (Ord. No. 120, § 2.02, 04-04-1983)

 

Sec. 6-6.    Ownership of collected refuse and waste.

 

Ownership of refuse and waste material shall be vested in the town or its designee at the time of collection, however the town reserves the right to dictate disposal sites.  (Ord. No. 120, § 2.06, 04-04-1983)

 

Sec. 6-7.    Removal of construction wastes.

 

Builders, building contractors and construction tradesmen shall be responsible for removing all excavation, construction and demolition wastes, as defined in section 6-1, emanating from their work and shall use vehicles designed or outfitted so as to prevent the wastes carried therein from being blown, dropped or spilled from said vehicle.  (Ord. No. 120, § 2.01, 04-04-1983)

 

Sec. 6-8.    Tree trimmers' refuse and debris.

 

Privately employed tree trimmers, tree surgeons, landscape contractors and operators of tree and shrubbery maintenance services shall remove all refuse and debris from the premises upon which they are working, including but not limited to limbs, tree trunks, roots, shrubbery clippings and other debris emanating from their work.  (Ord. No. 120, § 2.04, 04-04-1983)

 

Secs. 6-9 – 6-15.      Reserved.

 

 

ARTICLE II.  COLLECTION SERVICES

 

DIVISION 1.  GENERALLY

 

Sec. 6-16.     Obligation of contractor.

 

The contractor shall have the sole obligation for the collection and disposal of all residential refuse within the contract collection area except as spe­cifically excluded in this chapter.  (Ord. No. 120, § 3, 04-04-1983)

 

Sec. 6-17.     Provision of additional and special services.

 

The contractor shall provide special service or a third pickup per week at any residence or condominium requesting same, at an additional fee as provided for in section 6-1, “special service”. Payment for such special service or addi­tional pickup shall be the sole responsibility of the resident or condominium association, and the contractor shall not look to the town for payment.  (Ord. No. 120, § 5, 04-04-1983)

 

Sec. 6-18.     Vacant lots.

 

The contractor is not required to provide service to vacant lots. Waste col­lection services for vacant lots shall be subject to negotiation between the contractor and the owner or other party desiring such service. It will not be the responsibility of the contractor to remove waste resulting from clearing property for building purposes.  (Ord. No. 120, § 3.06, 04-04-1983)

 

Sec. 6-19.     Variances granted to contractor as a result of storm or disaster.

 

(a)        In the case of a storm or disaster, the town commission may grant the contractor a reasonable variance from regular schedules and routes. As soon as practicable, the contractor shall advise the town and the cus­tomer of the estimated time required before regular schedules and routes can be resumed.

 

(b)        Where it is necessary for the contractor and the town to acquire addi­tional equipment and to hire extra crews to clean the town of debris and refuse resulting from the storm or disaster, the contractor shall work with the town in all possible ways for the efficient and rapid cleanup of such debris and refuse. The contractor shall receive extra compensa­tion above the contract agreement for additional men, overtime and cost of rental equipment, provided the contractor has first secured prior written authorization from the town commission to utilize and hire addi­tional labor and equipment and to incur overtime. Extra compensation shall be calculated on the basis of contractor's actual cost for addi­tional labor, equipment and materials plus a reasonable amount as over­head and profit to be negotiated. Contractor shall provide the town with sufficient records to clearly support its claim for additional compensa­tion.  (Ord. No. 120, § 4, 04-04-1983)

 

Sec. 6-20.     Responsibility for refuse containers in event of storm.

 

In case of storm it shall be the sole responsibility of each home owner, man­ager or president of a condominium or co-operative association to secure, tie down or take inside their refuse containers to prevent any property damage, injury, or loss of life. Any negligence or failure to act on this responsibil­ity will be deemed a violation of this chapter.  (Ord. 120, § 4.03, 04-04-1983)

 

Secs. 6-21 – 6-25.    Reserved.

 

 

DIVISION 2. RESIDENTIAL, OTHER THAN CONDOMINIUM

 

Sec. 6-26.     Frequency of pickup; schedule.

 

(a)        The contractor shall collect garbage from places of residence within the contract collection area two (2) times per week, with the collections at least three (3) days apart. In addition the contractor shall collect household trash plus garden and yard trash clippings and branches prop­erly containerized or tied in bundles not exceeding five (5) feet in length, and any other domestic discards which may be reasonably hauled by pickup crews, on the same days as garbage.

 

(b)        The contractor shall notify the public of the schedule of collection in a manner satisfactory to the town. The first collection per day will not be before 7:30 a.m.  (Ord. No. 120, § 3.01, 04-04-1983)

 

Sec. 6-27.     Quantity.

 

The contractor shall be required to pick up all garbage, trash and bulky wastes generated from a residential unit in the contractor's collection area, provided that same is properly prepared in containers individually holding not more than thirty-two (32) gallons and weighing not more than forty (40) pounds, and placed at collecting points.  (Ord. No. 120, § 3.01, 04-04-1983)

 

Sec. 6-28.     Manner of collecting garbage.

 

The contractor shall make collections with a minimum of noise and disturbance to the householder. Garbage receptacles shall be handled carefully by the contractor and shall be thoroughly emptied and then left where they were found, standing upright. Any garbage or trash spilled by the contractor shall be picked up by the contractor.  (Ord. No. 120, § 3.01, 04-04-1983)

 

Sec. 6-29.     Collection of trash and bulky or heavy items.

 

(a)        Usual household trash may be placed in garbage cans, each not exceeding thirty-two (32) gallons, and will be picked up in the same manner as garbage. Garden and yard trash shall be collected from collecting point.

 

(b)        Bulky and heavy items, each not exceeding forty (40) pounds and not exceeding ten (10) feet in circumference, shall be placed by the owner or occupant at collecting point.  (Ord. No. 120, § 3.01, 04-04-1983)

 

Secs. 6-30 – 6-35.    Reserved.

 

 

DIVISION 3.  MECHANICAL CONTAINERS FOR CONDOMINIUMS AND TOWN

 

Sec. 6-36.     Availability.

 

(a)        The contractor shall rent or sell a mechanical container or containers of appropriate size to each condominium in the town that does not other­wise own its own mechanical container or containers. Such container or containers shall be of a size at least equal to that used by condomini­ums equipped with garbage compactors. The minimum standard shall be a four-cubic-yard container for each fifty (50) units to be served. Me­chanical container rental rates shall be uniform throughout the town.

 

(b)        A four-cubic-yard container shall be provided by the contractor, as needed by the town, at the following location and serviced by the suc­cessful bidder, at no cost to the town: Town Hall, 1210 A1A Highway, Hillsboro Beach.  (Ord. No. 120, §§ 3.01, 3.03, 04-04-1983; Ord. No. 122, § 1, 08-08-1983)

 

Sec. 6-37.     Frequency of pickup.

 

Refuse collection shall be twice weekly at least three (3) days apart. The first collection per day shall not be before 7:30 a.m.  (Ord. No. 120, § 3.02, 04-04-1983)

 

Sec. 6-38.     Collection points.

 

Container refuse customers shall accumulate refuse at locations that are mutu­ally agreed upon by the customer and the contractor, and which are convenient for collection by the contractor. Where mutual agreement is not reached, the town shall designate the location.  (Ord. No. 120, § 3.02, 04-04-1983)

 

Sec. 6-39.     Manner of collecting.

 

The contractor shall make collection with as little disturbance as possible. Refuse receptacles shall be thoroughly emptied. Any refuse spilled by the contractor shall be picked up immediately by the contractor.  (Ord. No. 120, § 3.02, 04-04-1983)

 

Sec. 6-40.     Container maintenance.

 

All containers provided by the contractor in the town shall be scheduled for maintenance not less than once every three (3) years. In the case of contain­ers used primarily for garbage, as defined in this chapter, biannual mainte­nance shall be performed by the contractor, which shall include a minimum of cleaning and painting.  (Ord. No. 120, § 3.04, 04-04-1983)

 

Sec. 6-41.     Compensation.

 

The contractor shall not be entitled to a fee for the services provided in sections 6-36 (b) and 6-40.  (Ord. No. 120, § 3.05, 04-04-1983)

 

Secs. 6-42 – 6-45.    Reserved.

 

 

ARTICLE III.  REMOVAL OF WEEDS AND OTHER REFUSE

 

Sec. 6-46.     Lands to be kept free from certain weeds.

 

All lands in the town shall be kept free from weeds of a height exceeding eighteen (18) inches. The word “weeds” as used in this article shall include all rank vegetable growth, all grasses, weeds, brush, vines and undergrowth, which emit obnoxious or unpleasant odors which might be a source of disease or physical distress to human beings, and the word “weed” shall also be deemed to include all high and rank vegetable growth that may conceal pools of water, trash, filth, or any other deposits which may be detrimental to health. If, in the opinion of the town commission or its authorized agent, this condition endangers the health, safety or welfare of any member of the community, it shall be declared a nuisance and a violation of this chapter.  (Ord. No. 120, § 4.02, 04-04-1983)

 

Sec. 6-47.     Removal of debris, etc., occasioning hurricane hazards.

 

All lands in the town shall be kept free from debris, vegetation, including trees, or any other matter which, by reason of height, proximity to neighbor­ing structures, physical condition, disease, such as but not limited to lethal yellowing of palms, or other peculiar characteristics, might in time of hurri­cane winds prevalent in this region cause damage to life or property within the immediate area surrounding such region. If, in the opinion of the town commission or its authorized agent, this condition endangers the health, safe­ty or welfare of any member of the community, it shall be declared a nuisance and a violation of this chapter.  (Ord. No. 120, § 4.01, 04-04-1983)

 

Secs. 6-48 – 6-60.    Reserved.

 

 

ARTICLE IV.  SOLID WASTE MANAGEMENT

 

DIVISION 1.  GENERALLY

 

Secs. 6-61 – 6-70.    Reserved.

 

 

DIVISION 2.  SOLID WASTE DISPOSAL DISTRICT [2]

 

Sec. 6-71.     Definitions.

 

For the purpose of this division, the definitions contained in the interlocal agreement shall apply unless otherwise specifically stated in this section. When not inconsistent with the context, words used in the present tense shall include the future, words in the plural number include the singular, and words in the singular number include the plural. The word “shall” is always mandato­ry and not merely directory.

 

Contract communities. The term contract communities shall refer to the munici­pal corporation or corporations existing under the laws of the State of Flori­da located within the county that from time to time enter into the interlocal agreement.

 

County. The word county shall refer to Broward County, Florida, a political subdivision of the State of Florida.

 

District. The word district shall refer to the Broward Solid Waste Disposal District created by the county pursuant to County Ordinance No. 87-3.

 

Interlocal agreement. The term interlocal agreement shall refer to that cer­tain interlocal agreement, dated November 25, 1986, by and among the county and the contract communities, as amended or supplemented from time to time pursuant to the provisions of the interlocal agreement.

 

Resource recovery board. The term resource recovery board shall refer to the governing board of the special district.  (Ord. No. 142, § 2, 03-31-1987)

 

Sec. 6-72.     Approval of creation of district.

 

(a)        The creation of the district and the establishment of the resource re­covery board as the governing board of the district and the terms and conditions of Broward County Ordinance No. 87-3 approved by the board of county commissioners on March 10, 1987 are hereby approved thereby evi­dencing the election of the Town of Hillsboro, Florida, to become a member of the district.

 

(b)        The resource recovery board shall have such powers and rights as are granted to it pursuant to the interlocal agreement and County Ordinance No. 87-3 adopted by the board of county commissioners on March 10, 1987.

 

Secs. 6-73 – 6-75.    Reserved.

 

 

DIVISION 3.  SOLID WASTE FLOW CONTROL [3]

 

Sec. 6-76.     Definitions.

 

For the purpose of this division, the definitions contained in the interlocal agreement shall apply unless otherwise specifically stated in this section. When not inconsistent with the context, words used in the present tense in­clude the future, words in the plural number include the singular, and words in the singular number include the plural. The word “shall” is always mandato­ry and not merely directory.

 

Contract communities. The term contract communities shall refer to the munici­pal corporation or corporations existing under the laws of the State of Flori­da located within the county that from time to time enter into the interlocal agreement.

 

County. The term county shall refer to Broward County, Florida, a political subdivision of the State of Florida.

 

District. The term district shall refer to the Broward Solid Waste Disposal District created by the county and approved by the governing bodies of the contract communities pursuant to the interlocal agreement.

 

Hauler. The term hauler shall refer to those persons, firms or corporations or governmental agencies responsible (whether under oral or written contract, or otherwise) for the collection of solid waste within the geographic boundaries of the contract communities and transportation to the resource recovery sys­tem.

 

Interlocal agreement shall refer to that certain interlocal agreement, dated November 25, 1986, by and among the county and the contract communities, as amended or supplemented from time to time pursuant to the provisions of the interlocal agreement.

 

Resource recovery system shall refer to the resource recovery facilities which are constructed, operated and maintained or caused to be constructed, operated and maintained pursuant to the interlocal agreement.

 

Solid waste shall have the meaning set forth in Chapter 403, Part IV, Florida Statutes, as amended from time to time, as limited or expanded by the terms processable waste, unprocessable waste, and unacceptable waste set forth in the interlocal agreement.  (Ord. No. 141, § 2, 03-31-1987)

 

Sec. 6-77.     Resource recovery system; use required.

 

It is the purpose of this division to require all inhabitants and persons within the town to use exclusively the resource recovery system identified in the interlocal agreement for the disposal of all solid waste generated within the town for the purpose of ensuring that the resource recovery system re­ceives an adequate quantity of solid waste from solid waste generated within its boundaries.  (Ord. No. 141, § 3(a), 03-31-1987)

 

Sec. 6-78.     Solid waste to be delivered to specified disposal facility; town relinquishes title to such waste.

 

The town hereby directs that all solid waste generated within its geographic boundaries be delivered to the resource recovery system transfer or disposal facility or facilities designated in the plan of operation under the interlo­cal agreement and further hereby relinquishes any and all title and interest in solid waste collected or generated within its geographic boundaries upon delivery of such solid waste to the resource recovery system transfer or dis­posal facility or facilities designated in said plan of operations.  (Ord. No. 141, § 3(b), 03-31-1987)

 

Sec. 6-79.     Hauler agreements to conform to interlocal agreement.

 

The town will conform the terms and conditions of any agreement that it may have with a hauler of solid waste to the terms and conditions of the interlo­cal agreement. (Ord. No. 141, § 3(c), 03-31-1987)

 

Sec. 6-80.     Recycling programs at point of generation permitted.

 

Nothing herein is intended to either discourage or prohibit either voluntary or locally ordained solid waste segregation programs segregating scrap or new or used materials at the point of generation and held for purposes of recy­cling.  (Ord. No. 141, § 3(d), 03-31-1987)

 

Sec. 6-81.     Exclusions.

 

Waste generated in the Town of Hillsboro Beach which is shown to be destined for transportation to any destination outside the State of Florida based upon a sworn affidavit of a hauler, delivered to the Town, reciting facts which evidence the transportation and disposal of waste outside the State of Florida, is excluded from the flow control restrictions contained herein.  (Ord. No. 195, § 1, 02-01-2000)

 

Secs. 6-82 – 6-100.  Reserved.

 

 

ARTICLE V.  LITTER CONTROL

 

Section 6-101. Title.

 

This Article shall be known as the “Town of Hillsboro Beach Anti-Litter Article”.

 

Section 6-102. Definitions.

 

For the purposes of this Article, 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.

 

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.

 

Authorized private receptacle is a litter storage and collection receptacle established for private use and operated in conformity with the town code of ordinances.

 

Town shall mean the Town of Hillsboro Beach.

 

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:

 

(1)        Which advertise for sale any merchandise, product, services, commodity or thing; or

 

(2)        Which direct 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

 

(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 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 takes 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 county or municipality located within this county; or

 

(4)        Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

 

Garbage is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, consumption, decay and storage of food. The term “garbage” shall include combustible waste such as paper, rags, boxes, used in connection with the distribution or storage of food, and glasses, bottles, tin cans, or other disposable receptacles of food or food products.

 

Litter is “garbage”, “refuse”, “rubbish” and “trash”, 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.

 

Newspaper is any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Postal Service, 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 (4) issues per year, and sold to the public.

 

Noncommercial handbill is any printed or written matter, any sampler, 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.

 

Park is a park, reservation, playground, beach, recreation center or any other public area in the city and devoted to active or passive recreation.

 

Person is any natural 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 beach, 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 beaches, streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

 

Refuse is all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.

 

Rubbish is nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

 

Swale area is that area immediately adjacent to the road between the driving surface of the highway and the adjacent private property line.

 

Trash is other vegetable waste not included in the term “garbage”, and wastepaper, straw, excelsior or other rubbish and waste not connected with the preparation, distribution or other lawn or garden waste.

 

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 6-103. Litter in public places; prohibition.

 

No person shall throw or deposit litter in or upon any beach, street, sidewalk or other public place within the town except in public receptacles, in authorized private receptacles for collection, or in county or municipal dumps.

 

Section 6-104. Placement of litter in receptacles so as to prevent scattering; prohibition.

 

No person placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to allow it to be carried or deposited by the elements upon any beach, street, sidewalk or other public place or upon private property.

 

Section 6-105. Sweeping litter into gutters; prohibition.

 

No person shall sweep into or deposit in any swale, gutter, street or other public place within the town 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 swale in front of and surrounding their premises free of litter.

 

Section 6-106. Merchants' duty to keep sidewalks free of litter; prohibition.

 

No person owning or occupying a place of business shall sweep into or deposit in any swale, street or other public place within the town 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 town shall keep the swale in front of and surrounding their business premises free of litter.

 

Section 6-107. Litter thrown by persons in vehicles; prohibition

 

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the town, or upon private property, except in public or private receptacles.

 

Section 6-108. Truck loads causing litter; prohibition.

 

No person shall drive or move any truck or other vehicle within the town 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 or upon private property. Nor shall any person drive or move any vehicle or truck within the town, the wheels or tires of which carry onto or deposit in any street, alley or other public place, litter or foreign matter of any kind.

 

Section 6-109. Litter in parks; prohibition.

 

No person shall throw or deposit litter in any park within the town 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 6-110. Litter in lakes, canals and fountains; prohibition.

 

No person shall throw or deposit litter in any fountain, pond, lake, stream, bay, canal, intracoastal waterway, ocean or any other body of water in a park or elsewhere within the town.

 

Section 6-111. Throwing or depositing commercial and noncommercial handbills in public places; prohibition.

 

No person shall throw or deposit any commercial or noncommercial handbill in or upon any beach, sidewalk, street or other public place within the town. Provided, however, that it shall not be unlawful on any beach, sidewalk, street or other public place within the town for any person to hand out or distribute, without charge to the receiver thereof, any commercial or noncommercial handbill to any person willing to accept it.

 

Section 6-112. Placing commercial and noncommercial handbills on vehicles; prohibition.

 

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 out or distribute, without charge to the receiver thereof, a commercial or noncommercial handbill to any occupant of a vehicle who is willing to accept it

 

Section 6-113. Prohibiting distribution of handbills where properly posted; prohibition.

 

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 Solicitors”, “No Peddlers or Agents”, “No Advertisement”, 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 6-114. Distributing commercial and noncommercial handbills at inhabited private premises; prohibition.

 

No person 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 ease of inhabited private premises which are not posted, as provided in this Article, 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 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, except that mailboxes may not be so used when so prohibited by federal postal law or regulations.

 

(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 newspapers (as defined herein); except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any beach, street, sidewalk or other public place or upon private property.