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43-74 ORDINANCE NO. 43-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A NEW CHAPTER IN THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AMENDED, TO BE KNOWN AS THE "ANTI- LITTER ORDINANCE" PERTAINING TO THE THROWING OR DEPOSITING OF LITTER IN PUBLIC PLACES IN THE CITY; REGULATING THE DISTRIBUTION OF COMMERCIAL AND NON-COMMERCIAL HANDBILLS; CONTROLLING THE DEPOSITING OF LITTER ON PRIVATE PREMISES; RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. WHEREAS, the City of Delray Beach has, and is striving to have, a clean and attractive city; and, WHEREAS, the accumulation of litter on property, whether occu- pied or empty, defeats the image of cleanliness which the City is trying to maintain; and, WHEREAS, there are many developed properties vacant for periods up to six months or more due to owners being absent from their propertY; and, WHEREAS, the accumulation of litter, particularly in the absence of the owner, can result in breaking and entering resulting in thievery or destruction to property; and, WHEREAS, the distribution and accumulation of three "commercial' and non-commercial handbills" per week reveal the occupants' absence thus inviting breaking and entering with the result being thievery and destruction of property; and, WHEREAS, businesses should be responsible for the cleanliness of their premises and abutting property and such cleanliness should not be the responsibility of the City; and, WHEREAS, all persons in the City, whether residents, merchants or transients, shall be responsible for keeping the City clean and attractive; and, WHEREAS, the accumulation of litter results in the breeding of insects, the attraction of rodents and reptiles, the emission of odors and a source of missiles in the event of a hurricane which could result in damage to life and property; and, WHEREAS, the accumulation of litter in the City is deemed to be a nuisance affecting the health, safety and general welfare of the City; and, WHEREAS, a clean and attractive City of Delray Beach is deemed to be in the best interest of the City for the general welfare,. safety and health of its residents, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Short Title. This Ordinance shall be known and may be"cited as the "Delray Beach Anti-Litter Ordinance". SECTION 2. Definitions. For the purposes of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the con- text, 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 in- vented, 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) "Animal" shall include every dumb creature. (3) "Authorized private receptacle" is a litter storage. (4) "City" is the City of Delray Beach, Florida. (5) "Commercial Handbill" is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise repro- duced original or copies of any matter of literature: Which advertises for sale any merchandise, product, commodity, or thing; or (b) Which directs attention to any business or mercantile or commercial establishment, or other activity, ~or 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 admission fee is charged or a collection is taken up for the pur- pose 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 con- tained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatri- cal 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 ordi- nance of this City; or (d) 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 without cost to the recepient. (6) "Garbage" is putrescible animal or vegetable wastes result- ing from the h~ndling, preparation, cooking and consumption of food and th~ containers or wrapping which contains or contained putresdible animal and vegetable wastes. (7) "Litter" is "garbage", "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. -2- Ord. No. 43-74. (8) "Newspaper" is a newspaper printed and published periodically once a week or oftener, containing at least twenty-five per cent of its words in the English language, entered or qualified to be admitted and entered as second- class matter at a post office in the county where published, for sale to the public .generally, available to the public generally for the publication of official or other notices and customarily containing information of a public charac- ter or of interest or of value to the residence or owners of property in the county where published, or of interest or of value to the general public. (9) "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 defini- tions of a commercial handbill or newspaper. (10) "Occupant" is the person who has the use, possession or control of the private premises or bus~ness premises regardless of the oWnership of the property. (11) "Park" is a park, 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. (12) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (13) "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 continously 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. (14) "Public Place" is any and all streets, sidewalks, boule- vards, alleys or other public ways and any and all public parks, beaches, grounds, buildings and wherever the public has a right to travel by motor vehicle. (15) "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. (16) "Rubbish" is nonputrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, cans, yard clippings, tree trunks and branches, wood, glass, bedding, bottles, crockery, broken concrete material from demolishing, re- pairing or remodeling buildings and similar materials. (17) "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 station- ary rails or tracks. -3- Ord. No. 43-74. SECTION 3. Litter in Public Places. No ~person shall throw or deposit litter in or upon any public place within the City except in receptacles provided for same. SECTION 4. Placement of Litter in Receptacles so as to Prevent Scattering. Any person placing litter in a receptacle for same shall do so in such a manner as to prevent it from being carried or deposited by the element~ upon any street, sidewalk or other public place or upon private property. SECTION 5. Litter in Street Prohibited. (1) No person shall sweep into or deposit litter in any gutter, street or other public place within the City. Persons owning or occupying property shall keep the sidewalk, parking area, right-of-way and street area abutting their premises free of litter. (2) The existence of litter on the sidewalk, parking area, right-of-way, or street area abutting said premises shall be prima facie evidence that the owner or person occupying the said premises is in violation of the law. SECTION 6. Merchant's Duty to Keep Business Premises Free of Litter. (1) 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 front, rear and side areas around business premises free of litter. (2) The existence of litter on the front, rear and side areas around business premises shall be prima facie evidence that the owner or manager of business put or caused the litter to be on the front, rear or side areas of the business premises. SECTION 7. Owner to Maintain Premises Free of Litter. (1) 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 occupant may maintain author- ized private receptacles for collection in such manner that litter will be prevented from being carried by the elements upon any street, sidwalk or other public place or upon any ~ private property. (2) The existence of litter on any occupied private property within the City shall be prima facie evidence that the occupant put or caused the litter to be on said private property. (3)The occupant shall at all times maintain the premises and the abutting vacant lot free of litter. (4) Provided, however, that regardless of anything to the con- trary in this ordinance, the occupants of private premises shall be permitted to maintain a rubbish pile adjacent to city paved streets for pick up by the City. -4- Ord. No. 43-74. SECTION 8. Garbaqe. (1) No person shall deposit garbage, as defined herein, except in a covered enclosed receptacle. (2) The existence of exposed garbage on any private property within the City shall be prima facie evidence that the occupant put or caused the litter to be on said private property. SECTION 9. 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 10. Truck Loads Causinq 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 unless an employee is present to immediately remove said deposits. SECTION 11.' 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 elemgnts upon any part of the park or upon any street or other public place. Where public receptacles are not pro- vided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of else- where as provided herein. SECTION 12. Litter in Water. No person shall throw or deposit litter in any fountain, pond, lake, stream, canal, intracoastal waterway, ocean or any other body of water whether in a park or else- where within the jurisdiction of the City. SECTION 13. Throwinq or Distributinq Commercial and Non- Commercial Handbills in Public Places. No person shall throw or deposit any commercial or non-commercial handbill in or upon any sidewalk, street, shopping center parking lot or other public place within the City. Nor shall any person hand out or distribute or sell any commercial handbill in any public place, without first securing a permit from the City. 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 commercial or non-commercial handbill to any person willing to accept it. SECTION 14. Placinq Commercial and Non-Commercial Handb$11s on Vehicles. No person shall throw or deposit any commercial or non-commercial 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 withbut charge to the receiver thereof, any cor.=~.nercial or non-commercial handbill to any occupant of a vehicle who is willing to accept it. -5- Ord. No. 43-74. SECTION 15. Depositing Commercial and Non-Commercial Handbills on Uninhabited or Vac.ant Property.. No person shall throw or deposit any commercial or non-commercial handbill in or upon any uninhabited or vacant property. SECTION 16. Prohibiting Distribution of Handbills where Property Posted. No person shall throw, deposit or distribute any commercial or non-commercial ]~andbill upon: a~; private pr~mises where. 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 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 17. Distributing Commercial and Non-Commercial Handbills at Inhabited Private Premises. (1) No person shall throw, deposit or 'distribute any commercial or non-commercial handbill in or upon private premises which are in- habited, except by handling 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, 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, and in no event shall such handbills be placed on the public rights-of-way, lawns, driveways or porches or private property except that mailboxes may not be so used when so prohibited by Federal postal law or regul&tions. (2) 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 street, sidewalk or other public place or upon private property. SECTION 18. Droppinq 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 19. Postinq 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 tree, or upon any public structure or building, except as may be authorized or required by law. SECTION 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 21. Penalties. Any person who violates the provisions of this Section shall, upon ~onviction thereof, be punished as provided in Section 1-6 of the Code of Ordinances of the City of Delray Beach, Florida. -6- Ord. No. 43-74. SECTION 22. Enforcement. This Ordinance shall be enforced by the Police Department, Building Department, Public Works Depart- ment, Parks and ReCreation Department, and any other department designated by the City Manager. SECTION 23. Ordinances Repealed. Sec. 14A-9 "Litter" of Chapter 14A "Garbage, Trash and Weeds" is hereby repealed and all other ordinances and parts of ordinances in conflict with the pro-' visions of this Ordinance are hereby repealed. SECTION 24. Separability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 25. Authority to Codify. The above Ordinance known as the "Delray Beach Anti-Litter Ordinance" is hereby adopted and shall be codified in the Code of Ordinances of the City of Delray Beach, Florida. PASSED AND ADOPTED in regular session on second and final reading on this the 9th day of September , 1974. ATTEST: City Clerk First Reading August 12 .... 1974 Second Reading September 9, 1974._ -7- Ord. No. 43-74.