§ 28-37. Littering prohibited.

(a)

General. No person shall throw any glass, refuse or waste, filth or other litter upon the streets, alleys, highways, public parks, public rights-of-way, or other property of the town, or upon any private person or the surface of any body of water within the town.

(b)

Litter from conduct of commercial enterprise.

(1)

Scope. The provisions of this subsection (b) shall apply to all sales, promotions and other commercial ventures that result in litter being deposited on any street, alley or other public way.

(2)

Cleanup of litter. Any person, firm, corporation or association carrying on an enterprise that results in litter being deposited on any street, alley or other public way shall clean up the same within 24 hours of the time the same is deposited or immediately if such litter or debris presents a traffic or safety hazard. If any such litter is subject to being blown about, it shall be picked up immediately. If any such litter is likely to attract animals or vermin, such litter shall be picked up immediately.

(3)

Litter picked up at litterer's expense. If any person, firm, corporation or association fails to pick up any litter as required by subsection (b)(2) of this section within the time specified, the town shall arrange to have the same picked up by town crews or by private enterprise. Applicable bidding procedures shall be used for any arrangement for the use of private enterprise to pick up such litter. The entire expense of picking up such litter, together with an additional charge of 20 percent for administrative expenses, shall be charged to the person, firm, corporation or association that did the littering. If such sum is not promptly paid, steps shall be taken, with the advice of the town attorney's office, to collect the same. This charge shall be in addition to any forfeiture or other penalty for violation of this section.

(c)

Dumping of refuse and grass along roads. Except for temporary placement up to six hours, no person shall deposit any refuse, leaves or grass clippings in any gutter along any public street, road, alley, public right-of-way or highway.

(d)

Depositing of materials prohibited. Except as provided in subsection (c) of this section, it shall be unlawful for any person to deposit, cause or permit to be deposited, placed or parked any vegetation, earth, sand, gravel, water, snow, ice, debris, waste material, foreign substance, construction materials, equipment or object upon any street, sidewalk or public property without authorization of the town board, or its designee, pursuant to the provisions of this Code, or upon any private property without the consent of the owner or lessee of the property. Any person who deposits, causes or permits to be deposited, placed or parked any such materials, equipment or objects upon any street, sidewalk or property shall be responsible to properly mark or barricade the area so as to prevent a safety hazard.

(e)

Handbills.

(1)

Scattering prohibited. It shall be unlawful to deliver any handbills or advertising material to any premises in the town except by being handed to the recipient, placed on the porch, stoop or entrance way of the building or firmly affixed to a building so as to prevent any such articles from being blown about, becoming scattered or in any way causing litter.

(2)

Papers in public places prohibited. It shall be unlawful to leave any handbills, advertising material or newspapers unattended in any street, alley, public building or other public place, provided that this shall not prohibit the sale of newspapers in vending machines.

(3)

Advertisements upon public or private property. No person shall place any advertisement upon any public property or any street, alley or public ground or upon any private property situated and fixed in any street, alley or public ground or upon any other private property, except by the permission of the owner thereof, but this subsection shall not apply to the posting of notices required by law.

(Prior Code, § 11-3-2)