Chapter 8.34
LITTER CONTROL
Sections:
8.34.021 Pedestrians and motorists.
8.34.022 Vehicles transporting loose materials.
8.34.023 Loading and unloading operations.
8.34.024 Construction/demolition projects.
8.34.025 Household solid waste containerization and removal.
8.34.026 Commercial solid waste containerization and removal.
8.34.027 Provision for solid waste disposal and storage facilities at new buildings.
8.34.028 Keeping property clean.
8.34.030 Enforcement authorizations.
8.34.010 Definitions.
For purposes of this chapter, certain terms are defined as follows:
A. “Containers” means city-provided metal or plastic receptacles used for the disposal and storage of solid waste.
B. “Litter” means any quantity of uncontainerized paper, metal, plastic, glass or miscellaneous solid waste which may be classed as trash, debris, rubbish, refuse, garbage or junk.
C. “Neighborhood clean-up” is a city program designed to provide clean-up of bulky items that will not fit into a residential container. This may include appliances, lumber and toys. An appointment is required.
D. “Private property” includes, but is not limited to, the following exterior locations owned by private individuals, firms, corporations, institutions or organizations: yards, grounds, driveways, entranceways, passageways, parking areas, working areas, storage areas, vacant lots and recreation facilities.
E. “Public property” includes, but is not limited to, the following exterior locations: streets, street medians, roads, road medians, catchbasins, sidewalks, strips between streets and sidewalks, lanes, alleys, public rights-of-way, public parking lots, school grounds, municipal housing project grounds, municipal vacant lots, parks, beaches, playgrounds, other publicly owned recreation facilities, and municipal waterways and bodies of water.
F. “Solid waste” means nonhazardous, noninfectious waste materials including garbage, yard waste and recyclable material.
G. “Utilities director” means the city of Folsom director of utilities or his/her designee.
H. “Waste/litter receptacles” means privately owned and maintained receptacles. (Ord. 1048 § 2 (part), 2006)
8.34.020 Regulations.
Reserved. (Ord. 1048 § 2 (part), 2006)
8.34.021 Pedestrians and motorists.
A. It is unlawful for any person to throw, discard, place or deposit litter in any manner or amount on any public or private property within the corporate limits of the city, except in containers, waste/litter receptacles or areas lawfully provided therefor.
B. It shall be the duty of every person distributing commercial handbills, leaflets, flyers or any other advertising and information material to take whatever measures that may be necessary to keep such materials from littering public or private property.
C. To facilitate proper disposal of litter by pedestrians and motorists, such publicly patronized or used establishments and institutions as may be designated by the utilities department shall provide, regularly empty and maintain in good condition adequate waste/litter receptacles to serve their customers. This requirement shall be applicable, but not limited to, fast-food outlets, shopping centers, convenience stores, supermarkets, service stations, commercial parking lots, mobile canteens, motels, hospitals, schools and colleges. (Ord. 1048 § 2 (part), 2006)
8.34.022 Vehicles transporting loose materials.
It is unlawful for any person, firm, corporation, institution or organization to transport any loose cargo by truck or other motor vehicle within the corporate limits of the city unless such cargo is covered and secured in such manner as to prevent depositing of litter on public and private property. (Ord. 1048 § 2 (part), 2006)
8.34.023 Loading and unloading operations.
A. Any owner or occupant of an establishment or institution at which litter is attendant to the packing and unpacking and loading and unloading of materials at exterior locations shall have suitable containers there for the disposal and storage of such litter and shall make appropriate arrangements for the collection thereof.
B. It shall be the duty of the owner or occupant to remove at the end of each working day any litter that has not been containerized at these locations. (Ord. 1048 § 2 (part), 2006)
8.34.024 Construction/demolition projects.
A. It is unlawful for the owner, agent or contractor in charge of any construction or demolition site to cause, maintain, permit or allow to be caused, maintained or permitted the accumulation of any litter on the site before, during or after completion of the construction or demolition project.
B. It shall be the duty of the owner, agent or contractor to have on the site adequate containers for the disposal of litter and to make appropriate arrangements for the collection thereof or for transport by himself to an authorized facility for final disposition in a manner consistent with other provisions of this code.
C. The owner, agent or contractor may be required at any time to show proof of appropriate collection, or if transported by himself, of final disposition at an authorized facility. (Ord. 1048 § 2 (part), 2006)
8.34.025 Household solid waste containerization and removal.
A. All residences located in any area in which collection is by the city shall have sufficient container capacity to accommodate their normal volume of solid waste between collections. The type, size and number of containers shall be as prescribed by Chapter 8.32 of this code.
B. All items too large to fit into containers, such as, but not limited to, appliances, furniture and mattresses, shall be disposed of through the city’s neighborhood clean-up program or by self-transport of such items to end-disposal facilities.
C. Containers shall be kept covered at all times.
D. Property owners shall report to the utilities department any container which has defects likely to hamper collection or injure the person collecting the contents thereof or the public.
E. In placing containers for collection and removing them after collection, all residents shall follow those practices prescribed in Chapter 8.32 of this code.
F. It is unlawful for any resident to deposit household solid waste in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians. (Ord. 1048 § 2 (part), 2006)
8.34.026 Commercial solid waste containerization and removal.
A. All establishments and institutions which generate solid waste for collection by the city or approved contractors shall abide by the container requirements prescribed in Chapter 8.32 of this code.
B. Containers shall be kept covered at all times.
C. Business owners shall report any container which has defects likely to hamper collection or injure the person collecting the contents thereof or the public.
D. It is unlawful for any owner, manager or employee of a commercial establishment or institution to deposit solid waste from that establishment or institution in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians. (Ord. 1048 § 2 (part), 2006)
8.34.027 Provision for solid waste disposal and storage facilities at new buildings.
A. Before building permits shall be issued for construction of commercial buildings and multiple-dwelling units, plans for the adequacy, location and accessibility of solid waste containerization and storage facilities must be approved and signed by the utilities director.
B. No certificate of occupancy shall be issued for such premises until the department’s approval of these facilities has been obtained. (Ord. 1048 § 2 (part), 2006)
8.34.028 Keeping property clean.
A. It shall be the duty of the owner, agent, occupant or lessee to keep exterior private property free of litter. This requirement applies not only to removal of loose litter, but to materials that already are, or become, trapped at such locations as fence and wall bases, grassy and planted areas, borders, embankments and other lodging points.
B. Owners, agents, occupants or lessees whose properties face on municipal sidewalks and strips between streets and sidewalks shall be responsible for keeping those sidewalks and strips free of litter.
C. It is unlawful to sweep or push litter from sidewalks and strips into streets. Sidewalk and strip sweepings must be picked up and put into household or commercial solid waste containers.
D. It shall be the duty of every nonresident owner of a vacant lot or other vacant property to appoint a resident agent who shall have responsibility for keeping that lot or other property free of litter.
E. If, after reasonable warning, an owner, agent, occupant or lessee fails to remove litter from any private property, the city code enforcement department is authorized to serve written notice to the owner or his appointed agent that if the condition is not corrected within ten days, the property will be cleaned by the city and the owner or his appointed agent billed for the cost thereof. If the bill is not paid within thirty days the city may pursue any remedy available under applicable law. (Ord. 1048 § 2 (part), 2006)
8.34.030 Enforcement authorizations.
This chapter shall be enforced by the police department, code enforcement, or any other city employee so designated by the city manager. (Ord. 1048 § 2 (part), 2006)
8.34.040 Penalty.
A. Unless otherwise specified, the violation of this chapter is an infraction and shall be punishable by:
1. A fine not exceeding fifty dollars for a first violation;
2. A fine not exceeding one hundred dollars for a second violation within one year;
3. A fine not exceeding two hundred fifty dollars for each additional violation within one year.
B. Each and every day during which a stationary violation continues, except in cases in which a given time has been allowed for corrective action to be taken, shall be a separate and distinct offense.
C. The city may pursue any and all remedies of Chapter 1.09 of this code. (Ord. 1048 § 2 (part), 2006)
8.34.050 Severability.
If any provision of this chapter, or any section thereof, in any circumstance is held invalid, the validity of the remainder of the chapter and of the application of any of the other provisions or sections shall not be affected. (Ord. 1048 § 2 (part), 2006)