cityofalbany.net

Chapter 7.52
LITTERING

Sections:

7.52.010    Short title.

7.52.020    Definitions.

7.52.030    Offensive littering.

7.52.040    Placement of litter in receptacles.

7.52.050    Sweeping litter into gutters prohibited.

7.52.060    Merchants’ duty.

7.52.070    Litter thrown from vehicles.

7.52.080    Truck loads causing litter.

7.52.090    Litter in parks.

7.52.100    Lakes and fountains.

7.52.110    Commercial handbills in public places.

7.52.120    Placing on vehicles.

7.52.130    Depositing on uninhabited or vacant premises.

7.52.140    Prohibiting distribution where posted.

7.52.150    Distributing at inhabited private premises.

7.52.160    Dropping litter from aircraft.

7.52.170    Posting notices prohibited.

7.52.171    Owner of property referred to in sign responsible.

7.52.180    Litter on occupied private property.

7.52.190    Owner to maintain premises free of litter.

7.52.200    Litter on vacant lots.

7.52.210    Keeping of litter deemed nuisance.

7.52.220    Notice of property owner – Cost of removal.

7.52.010 Short title.

This chapter shall be known and may be cited as the “Albany Anti-Litter Ordinance.” (Ord. 2920 § 1, 1960).

7.52.020 Definitions.

For the purposes of this chapter, 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.

(1) “Aircraft” means any contrivance now known or hereafter invented, used, or designated for navigation or for flight in the air. “Aircraft” includes helicopters and lighter-than-air dirigibles and balloons.

(2) “Authorized private receptacle” means a litter storage and collection receptacle as required and authorized in Ordinance No. 2758.¹

(3) “City” means the City of Albany, Oregon.

(4) “Commercial handbill” means any printed or written matter, and 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 mercantile or commercial establishment, or other activity, for 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 do 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 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.

(5) “Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

(6) “Litter” means “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.

(7) “Newspaper” means 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 statutes or regulations, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, means and includes any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

(8) “Noncommercial handbill” means 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 definitions of a commercial handbill or newspaper.

(9) “Park” means 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.

(10) “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.

(11) “Private premises” means 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 includes any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.

(12) “Public place” means any and all streets, sidewalks, boulevards, alleys, or other public ways and any and all public parks, squares, spaces, grounds, and buildings.

(13) “Refuse” means 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.

(14) “Rubbish” means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.

(15) “Vehicle” means 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. (Ord. 2920 § 2, 1960).

7.52.030 Offensive littering.

(1) A person commits the crime of offensive littering if he/she creates an objectionable stench or degrades the beauty or appearance of property or detracts from the natural cleanliness or safety of property by intentionally:

(a) Discarding or depositing any rubbish, trash, garbage, debris or other refuse upon the land of another without permission of the owner, or upon any public way; or

(b) Draining, or causing or permitting to be drained, sewage or the drainage from a cesspool, septic tank, recreational or camping vehicle waste holding tank or other contaminated source, upon the land of another without permission of the owner, or upon public way; or

(c) Permitting any rubbish, trash, garbage, debris or other refuse to be thrown from a vehicle which he/she is operating; except that this subsection shall not apply to a person operating a vehicle transporting passengers for hire subject to regulation by the Interstate Commerce Commission or the Public Utility Commissioner of Oregon or a person operating a school bus subject to ORS 485.010 to 485.060.

(2) As used in this section, “public way” includes, but is not limited to, roads, streets, alleys, lanes, trails, beaches, parks and all recreational facilities operated by the state, county or a local municipality for use by the general public. (Ord. 5026 § 1, 1993; Ord. 3603 § 14, 1972; Ord. 2920 § 3, 1960).

7.52.040 Placement of litter in receptacles.

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 upon any street, sidewalk or other public place. (Ord. 2920 § 4, 1960).

7.52.050 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. (Ord. 2920 § 5, 1960).

7.52.060 Merchants’ duty.

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. (Ord. 2920 § 6, 1960).

7.52.070 Litter thrown from 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. (Ord. 2920 § 7, 1960).

7.52.080 Truck loads causing 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 or contents of 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 or foreign matter of any kind. (Ord. 2920 § 8, 1960).

7.52.090 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 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. (Ord. 2920 § 9, 1960).

7.52.100 Lakes and fountains.

No person shall throw or deposit litter in any fountain, pond, lake, stream, bay, or any other body of water in a park or elsewhere within the City. (Ord. 2920 § 10, 1960).

7.52.110 Commercial handbills in public places.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City. Nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however that it is not 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 noncommercial handbill to any person willing to accept it. (Ord. 2920 § 11, 1960).

7.52.120 Placing on vehicles.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle, provided however, that it is not unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (Ord. 2920 § 12, 1960).

7.52.130 Depositing on uninhabited or vacant premises.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (Ord. 2920 § 13, 1960).

7.52.140 Prohibiting distribution where posted.

No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if required by anyone thereon not to do so, or if there is placed on the 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 the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. (Ord. 2920 § 14, 1960).

7.52.150 Distributing at inhabited private premises.

(1) 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 case of inhabited private premises which are not posted, as provided in this chapter, such person, unless requested by anyone upon the premises not to do so, shall have the authority to place or deposit any such handbill in or upon such inhabited private premises, if the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when prohibited by federal postal law or regulations.

(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). (Ord. 2920 § 15, 1960).

7.52.160 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. (Ord. 2920 § 16, 1960).

7.52.170 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 lamppost, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law. (Ord. 2920 § 17, 1960).

7.52.171 Owner of property referred to in sign responsible.

When any sign or notice has been posted as prohibited in Section 7.52.170 it should be presumed that the owner or occupant of the premises referred to in the sign, notice, or poster, has caused the sign to be posted. (Ord. 4514 § 1, 1982).

7.52.180 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. (Ord. 2920 § 18, 1960).

7.52.190 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 does not prohibit the storage of litter in authorized private receptacle for collection. (Ord. 2920 § 19, 1960).

7.52.200 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. (Ord. 2920 § 20, 1960).

7.52.210 Keeping of litter deemed nuisance.

It is hereby determined and declared that the keeping of litter on any vacant lots within the City is a nuisance and is unlawful. (Ord. 4552 § 1, 1982).

7.52.220 Notice of property owner – Cost of removal.

The City Manager or his/her designate shall notify any owner or person in charge of real property upon which the litter is located to remove the same within 10 days after notice. Notice shall be given by certified mail with return receipt addressed to the owner as shown by the Assessment Records of Linn County, Oregon. In the event that the property owner fails to remove said litter within 10 days after notice, the City Manager or his/her designate shall take action to cause the nuisance to be abated.

If the litter has not been removed within 10 days after notice, the City Manager or his/her designate may cause the same to be removed either through contract with a private contractor or by City crews and the cost of removal of said litter shall be calculated and be charged to the owner of the property and will become a lien against the property.

(1) Right to Enter. In the event it becomes necessary for the City Manager or his/her designate to undertake the removal of the litter from any private lot within the City, the City Manager or his/her designate shall have the right at reasonable times to enter into and upon the property to remove the litter.

(2) Cost to Become a Lien. Upon completion of the removal of the litter and in the event that the costs of the removal are not paid within 30 days, the City Manager or his/her designate shall file with the City Recorder and thereafter present to the City Council an itemized statement of the costs thereof. The City Council shall, thereafter, by ordinance determine the reasonableness of the cost which shall be an obligation owed to the City by the owner of the real property involved, and the City shall have a lien upon the real property for said sum and the lien shall be entered in the lien docket and enforced against the property in the manner provided for the enforcement of City liens. (Ord. 5026 § 1, 1993; Ord. 4552 § 1, 1983).

Code reviser’s note: Ordinance 2758 was repealed by Ordinance 3382.