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Ordinance Number 190315 ORDINANCE NO. 190 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO PROHIBITING THE THROWING OR DEPOSITING OF LITTER IN PUBLIC PLACES; REGULATING THE DISTRIBUTION OF COMMERCIAL AND NON-COMMERCIAL HANDBILLS; CONTROLLING THE DEPOSITING OF LITTER ON PRIVATE PREMISES; PROVIDING A LIEN FOR CITY CLEARANCE; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS The City Council of the City of San Juan Capistrano does hereby ordain as follows: SECTION 1. SHORT TITLE d This Ordinance shall be known and may be cited as the "San Juan Capistrano 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 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. (a) "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. (b) "Authorized private receptacle" is a litter storage and collection receptacle as required and authorized in the City's refuse collection system ordinance. (d) "City" is the City of San Juan Capistrano. (d) "Commercial Handbill" is any printed or written matter, any sample or device, dodger, circular, leaflet, pamph- let, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature: (1) Which advertises for sale any merchandise, product, commodity, or thing; or (2) Which directs attention to any business or mercan- tile or commercial establishment, or other activity, promoting the interest thereof by sales; or (3) Which directs attention to or advertises any meet- ing, 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 takaiup 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 dis- semination 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 316 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 (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. (e) "Garbage" is putrescible animal and vegetable wastes re- sulting from the handling, preparation, cooking and con- sumption of food. ' _ (f) "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. (g) "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 magazine regularly published with not less than four issues per year, and sold to the public. (h) "Non -Commercial 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 news- paper. (i) "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. (j) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (k) "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 tempqrarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or ap- purtenant to such dwelling, house, building, or other structure. (1) "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. (m) "Refuse" is all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automo- biles, and solid market and industrial wastes. (n) "Rubbish" is nonputrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. 317 (o) "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 3. LITTER IN PUBLIC PLACES Nopersonshall 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 4. 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 updn any street, sidewalk or other public place or upon private property. SECTION 5. SWEEPING LITTER INTO GUTTERS PROHIBITED No person 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 property shall keep the sidewalk in front of their premises free of litter. SECTION 6. 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 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 sidewalk in front of their business - premises free of litter. SECTION 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 8. TRUCK LOADS CAUSING LITTER No person shall.drive ormoveany truck or other vehicle - within the City unless such vehichle 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. SECTION 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 parkorupon 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 respon- sible for its presence and properly disposed of elsewhere as provided herein.. SECTION 10. LITTER IN LAKES AND FOUNTAINS No person shall throw or deposit litter in any fountain, pond, lake stream, by or any other body of water in a park or elsewhere within the City. -3- 318 SECTION 11. THROWING OR DISTRIBUTING COMMERCIAL HANDBILL IN PUBLIC PLACES No person shall throw or deposit any commercial or non-com- mercial handbill in or upon any sidewalk, street or other public place within the City. Nor shall any person hand out or distrib- ute 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-commer- cial handbill to any person willing to accept it. SECTION 12.. PLACING COMMERCIAL AND NON-COMMERCIAL HANDBILLS ON VEHICLES No person shall throw or deposit any commercial or non-com- mercial 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 non- commercial handbill to any occupant of a vehicle who is willing to accept it. SECTION 13. DEPOSITING COMMERCIAL AND NON-COMMERCIAL HANDBILLS ON UNINHABITED OR VACANT PREMISES No persons 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 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 anyone thereon not to-do so., or if, there is places on said pre- mises 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 matter that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such hand- bills left upon such premises. SECTION 15. DISTRIBUTING COMMERCIAL AND NON-COMMERCIAL HANDBILLS AT INHABITED PRIVATE PREMISES No person shall throw, deposit or distribute any commercial or non-commercial 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 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 inhabfited 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 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 distrubution of mail by the United States, nor to news- papers (as defined herein) except that newspapers shall be places 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. _ -4- 319 SECTION 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 17. 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 autho- rized.or required by law. SECTION 18. 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 controV of private property may maintain authorized. private receptacles for collec- tion 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 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 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. CLEARING OF LITTER FROM OPEN PRIVATE PROPERTY BY CITY (a) Notice to Remove The City Manager is hereby authorized and empowered to -notify the owner of -any open-orivacant privateproperty 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 Registere& Mail, addressed to said owner at his last known address. (b)- Action Upon Non -Compliance Upon the failure, neglect or -refusal -of -any -owner or agent so notified, to properly -dispose of litter dan- gerous 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 fifteen (15) daysafterthedate-of'such notice in the event the -same is returned to the City Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, or agent, the City Manager is hereby authorizedandempowered topayfor the disposing of such litter or to order its disposal by the City. (c) Charge Included in Tax Bill When the City has effected the removal of such dange- rous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rateofsix -5- 320 per cent (6%) per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be•charged to theownerof such property on the next regular tax bill forwarded to such owner by the City, and said charge shall be due and payable by said owner at the time of payment of such bill. ' (d) Recorded. Statement Constitutes Lien Where the full amount due the City is not paid by such owner within ten (10) days after the disposal of such litter, as provided for in subsections (a) and (b) above, then, and in that case, the City Manager shall cause to be recorded in the Recorder of Orange County a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal 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 charge appears becomes delinquent. Sworn statements re- corded 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 satisfactorily, and shall be full notice to.every person concerned that the amount of the statement, plus interest; constitutesa charge against the property designated or described in the statement and that the same is due and collectible as provided by law. SECTION.22. PENALTIES Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding five hundred dollars ($500) or be imprisoned in the county jail for a period not exceeding six (6) months or be both so fined and imprisoned. Each day such viola- tion is committed or -permitted to continue shall constitute a sepa- rate offense and shall be`punishable-as such hereunder. SECTION 23. 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 24. ORDINANCES REPEALED All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 25. The Clerk of.the County shall certify to the passage of this Ordinance and shall cause the same to be published once in the Coastline Dispatch after its adoption. This ordinance shall take effect thirty (30) days from and after the date of its final adoption. am PASSED AND ADOPTED by the City Council of the City of San Juan Capistrano at its regular meeting held on the 27th day of March, 1972, by the following vote to wit: AYES: NOES: ABSENT: 3-21 COUNCILMEN: Thorpe, Bathgate, Chermak, Gammell and Forster. COUNCILMEN: None COUNCILMEN: None w Thomas A. Forster, Mayor AT' TE�S�T,�� tyeCI rk" or the Cify San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SAN JUAN CAPISTRANO ) ss: I, DONALD G. WEIDNER, City Clerk of the City of San Juan Capistrano, California, hereby certify that the foregoing Ordinance No. 190 is a true and correct copy of an ordinance of the City Council of said City, adopted by the City Council on the 27th day of March, 1972. ity Cler -7-