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BULLET St. Louis City Revised Code Chapter 11.18 Littering

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Chapter 11.18
Littering

Sections:

11.18.010 Definitions.
11.18.020 Public places.
11.18.030 Occupied private property.
11.18.040 Vacant lots.
11.18.050 Placement of receptacles to prevent scattering.
11.18.060 Duty to keep sidewalks, parkways, gutters, streets and alleys free of litter and objects.
11.18.070 Persons in vehicles throwing litter.
11.18.075 Throwing litter--Penalty for violation.
11.18.080 Truck loads causing litter.
11.18.090 Parks.
11.18.100 Lakes, rivers, and fountains.
11.18.110 Parking stations.
11.18.120 Nurserymen.
11.18.130 Vending operations.
11.18.140 Household goods in sidewalk or street.
11.18.150 Dropping litter from aircraft.
11.18.160 Posting notices.
11.18.170 Handbill distribution--Public places.
11.18.180 Handbill distribution--Vehicles.
11.18.190 Handbill distribution--Properly posted.
11.18.200 Handbill distribution--Inhabited premises.
11.18.210 Snow removal.
11.18.220 Enforcement.
11.18.230 Prosecution procedures.
11.18.240 Penalty for violation.

11.18.010 Definitions.

For the purpose of this chapter the following terms, phrases, words and their derivatives 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. "Commercial handbill" is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature:

1. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated solely for advertising purposes, or solely for the private benefit and gain of the persons or legal entities engaged in the advertising in the above described handbill; and

2. Which advertises for sale any service, merchandise, product, commodity or thing; or

3. Which directs attention to any business, merchandise or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales; or

4. 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 purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, which 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.

B. "Drive-in restaurant" for the purposes of this chapter only, means any restaurant where food, frozen desserts or beverages sold from such restaurant are regularly available for consumption out-of-doors, on bicycles or in motor vehicles or other types of vehicles.

C. "Health officer" means any person who is employed by the Health Department of the City as a health sanitarian or any employee of the Health Department of the City who is employed as a health sanitarian and is also an appointee of the Marshal of the City as a deputy marshal.

D. "Litter" means any refuse or waste material of any kind whatever.

E. "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 statute or regulation, 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.

F. "Non-commercial 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 other than a "commercial handbill" or "newspaper," as defined herein.

G. "Neighborhood stabilization officer" means an employee of the Neighborhood Stabilization Team who has been designated as an officer and is also known as a Neighborhood Improvement Specialist.

H. "Occupant" means any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real property, either as owner or as a tenant, either with or without the consent of the owner thereof.

I. "Owner" means any person who, alone or jointly or severally with others, shall be in actual possession of, or have charge, care or control of any dwelling unit or of any other improved real property, as title holder, as employee or agent of the title holder, or as trustee or guardian of the estate or person of the title holder, including any land or lot in the City absent of any structures.

J. "Park" means a park, reservation, playgrounds, beach, recreation center, or any other public area in the City, owned or used by the City and devoted to active or passive recreation.

K. "Parkway" means a strip of land located between a sidewalk and a physical street, whether such land is located on a part of the street right-of-way or not.

L. "Person" means any individual, firm, partnership, association, corporation, company or organization of any kind.

M. "Place of business" means any place other than "private premises," "public building," or "public place," including any building or place used for commerce, religious services, vending a product or for public transport, as herein defined.

N. "Premises" means any building, place of business activity, or other place commonly includable in the term "premises," and includes adjacent sidewalks, gutters, streets, and other ways to centerline. "Private premises" are premises designed or used in whole or in part for private residential purposes, and shall include yards, grounds, walks, driveways, porches, mailboxes, and appurtenances.

O. "Public building" means any building owned or occupied by any governmental agency.

P. "Public place" means any kind and all streets, including street rights-of-way, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

Q. "Public receptacle" means a litter storage and collection receptacle furnished by any "person" as defined herein, or by any governmental agency for use by the public.
(Ord. 67887 1, 2008: prior: Ord. 56726 1 (part), 1974: 1960 C. 805.010.)

11.18.020 Public places.

No person shall throw, deposit, accumulate or cause or allow to be thrown, deposited or accumulated litter in or upon any sidewalk, parkway, gutter, street, alley or other public place within the City except in public receptacles or in authorized receptacles for collection.
(Ord. 56726 1 (part), 1974: 1960 C. 805.020.)

V.A.M.S.:

577.070 Littering roadways and water.

McQuillin:

24.562 Littering streets.

11.18.030 Occupied private property.

No person shall throw, deposit or store 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 public receptacles or authorized receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any place.
(Ord. 56726 1 (part), 1974: 1960 C. 805.030.)

11.18.040 Vacant lots.

No person shall throw, deposit or store litter on any open or vacant private property within the City, whether owned by such person or not.
(Ord. 56726 1 (part), 1974: 1960 C. 805.040.)

11.18.050 Placement of receptacles to prevent scattering.

Persons placing litter in public receptacles or in authorized receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any place.
(Ord. 56726 1 (part), 1974: 1960 C. 805.050.)

11.18.060 Duty to keep sidewalks, parkways, gutters, streets and alleys free of litter and objects.

All persons owning or occupying any private property, public building or premises shall keep such premises, as the case may be, including the sidewalk, parkway, gutter, street, and alley (to the centerline thereof) adjoining or abutting to the place so occupied free and clear of litter. To this end:

A. All persons occupying, leasing, owning, or in control of any premises shall keep such premises clear of litter. No person shall sweep or deposit litter onto any public place.

B. The operator of a drive-in restaurant shall, at all times and at least, once in each twelve-hour period during the restaurant's operation, dispose of all litter on the premises, in authorized receptacles. The operator of a drive-in restaurant to provide at least one authorized receptacle, accessible to its patrons, at each entrance or exit to the premises on which such drive-in restaurant is located. The operator of a drive-in restaurant to provide at least one authorized receptacle, accessible to its patrons in the drive through lane from the driver's side of the automobile at a location between the drive through window and the public right-of-way.

C. A person occupying a place of business, or an authority in control of a public building shall, at all times and at least, once in each twenty-four-hour period during which it is open for business or to the public, collect and dispose of all litter on the premises in authorized receptacles.

For purposes of this subsection, the managing operator of any shopping center shall be deemed to be the occupier of such shopping center, including but not limited to parking areas, parking lots and landscaped areas which are not leased or rented to any particular tenant, not including any sidewalks, parkways or gutters adjoining or abutting to any premises rented to a particular tenant.

D. The occupier of any residential premises shall at all times and at least once in each calendar week, collect and dispose of all litter on such residential premises, in authorized receptacles, including the sidewalk, parkway, gutter, street and alley (to centerlines thereof) adjoining or abutting to such private premises.

E. The occupier of any shopping center shall keep the area surrounding such premises of such shopping center, including the sidewalk, parkway, gutter, street, and alley abutting or adjoining to the place free and clear of all shopping carts provided by the stores in the said shopping center.
(Ord. No. 68594, 1, 2, 3-16-2010: prior: Ord. 65799 2, 2002: Ord. 56726 1 (part), 1974: 1960 C. 805.060.)

11.18.070 Persons in vehicles throwing litter.

No person while an operator or passenger in a vehicle, whether motorized or otherwise, shall throw or deposit litter upon any street, public place within the City, or upon private property, nor shall any operator of a vehicle allow or permit the throwing or disposing of any litter from such vehicle by himself or by any passenger thereof upon any street or public place within the City, or upon private property. If a person allows or permits the throwing or disposing of litter from a vehicle being operated by him, such person shall be deemed prima facie to have violated this section.
(Ord. 62050 2, 1990: prior Ord. 56726 1 (part), 1974: 1960 C. 805.070.)

11.18.075 Throwing litter--Penalty for violation.

Any person convicted of violating the provisions of Section 11.18.070 shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). If a person is convicted of a second violation of this ordinance within a five (5) year period, such person shall be punished by a fine of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00). A person convicted of a third violation of Section 11.18.070 shall be punished by a fine of not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00). A person convicted of a fourth violation of Section 11.18.070 shall be punished by a fine of not less than four hundred dollars ($400.00) nor more than five hundred dollars ($500.00). A person convicted of a fifth or subsequent violation of Section 11.18.070 shall be punished by a fine of five hundred dollars ($500.00).
(Ord. 62050 3, 1990.)

11.18.080 Truck loads causing litter.

No person shall drive or move, or direct or employ a driver to drive or move, any truck or other vehicle within the City unless such truck or other vehicle is so constructed or loaded or covered as to prevent any load, contents or litter from being blown, deposited or stored upon any street, alley or other public way. Nor shall any person drive or move, or direct or employ a driver to 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 way, mud, dirt, sticky substances, litter or foreign matter of any kind.
(Ord. 56726 1 (part), 1974: 1960 C. 805.080.)

11.18.090 Parks.

No person shall throw or deposit or store litter in any park within the City except in public receptacles and in such manner that the litter will be prevented from being carried or deposited by the elements upon any 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 as provided herein.
(Ord. 56726 1 (part), 1974: 1960 C. 805.090.)

11.18.100 Lakes, rivers, and fountains.

No person shall throw or deposit or store litter in any fountain, pond, lake, stream, river or any other body of water, in a park or elsewhere within the City.
(Ord. 56726 1 (part), 1974: 1960 C. 805.100.)

11.18.110 Parking stations.

Any owner or person in control of a parking station within the City shall at all times and at least once in each twenty-four hour period during which it is open for business or to the public, collect and dispose of accumulated litter along the surface and any accumulation next to curbs, parking barriers, fencing or adjacent buildings.
(Ord. 56726 1 (part), 1974: 1960 C. 805.110.)

11.18.120 Nurserymen.

Every nurseryman or other person who cuts trees or trims shrubs or grass as an independent contractor of the occupant of the premises, or of public utilities, shall remove or cause to be removed all litter from the premises serviced by him.
(Ord. 56726 1 (part), 1974: 1960 C. 805.120.)

11.18.130 Vending operations.

The person having control of any hawker's vehicle, or other commercial vending or catering operation, shall have the immediate responsibility for the proper disposal of single service utensils, packaging material and other waste material resulting from the conducting of his operation, and shall not leave any particular location until he has collected and properly disposed of such material.
(Ord. 56726 1 (part), 1974: 1960 C. 805.130.)

11.18.140 Household goods in sidewalk or street.

No person firm, corporation or partnership shall place household goods or household furnishings or any other personal property of any kind, size, or description upon the public way, public easement sidewalk area, concrete sidewalk or area between the concrete sidewalk and the curb, in the public street or alley, parks, playgrounds or parkways of the city. This section shall not be enforced in areas which are participating in a Big Sweep Program operated by the city for the collection of large items of personal property during such time when said program is being conducted. This section shall not be construed to prohibit the use of the sidewalk or street by merchants as authorized by Chapter 20.36.
(Ord. 56726 1 (part), 1974: 1960 C. 805.140.)

11.18.150 Dropping litter from aircraft.

No person in an aircraft shall throw out, drop or deposit within the city any litter or any other objects.
(Ord. 56726 1 (part), 1974: 1960 C. 805.150.)

11.18.160 Posting notices.

No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any light standard, public utility pole or shade tree, or upon any public structure or building, or upon any private building without written permission of the owner.
(Ord. 56726 1 (part), 1974: 1960 C. 805.170.)

11.18.170 Handbill distribution--Public places.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, parkway, street or other public place within 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 noncommercial handbill or sample to any person willing to accept it. Further provided, however, that the person handing out such handbills or samples shall have the immediate responsibility for the proper disposal of his handbills or samples which are disposed of on the ground by receivers of such handbills or samples and said distributor shall have the responsibility for collecting and properly disposing of all such discarded handbills or samples within a one hundred foot radius of any particular location where a said person is distributing such handbills or samples.
(Ord. 56726 1 (part), 1974: 1960 C. 805.160.)

11.18.180 Handbill distribution--Vehicles.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle without the owner's consent. 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 noncommercial handbill to any occupant of a vehicle who is willing to accept it.
(Ord. 56726 1 (part), 1974: 1960 C. 805.180.)

11.18.190 Handbill distribution--Properly posted.

No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by the owner or person in control of such premises thereon not to do so or if 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 Advertisements," 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.
(Ord. 56726 1 (part), 1974: 1960 C. 805.190.)

11.18.200 Handbill distribution--Inhabited premises.

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, such handbill may be left at premises if 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, except that mailboxes may not be so used when so prohibited by federal postal laws or regulations.

The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein).
(Ord. 56726 1 (part), 1974: 1960 C. 805.200.)

McQuillin:

24.389 Regulation of handbills and advertising

11.18.210 Snow removal.

After any fall of snow, owners, managers, agents or occupiers of any premises shall cause the snow to be immediately removed from the improved area of the sidewalk in the public street adjacent to such premises, and the improved area of the sidewalk shall also be kept clear of ice at all times. If no part of the sidewalk area be improved, then a lane five feet wide in the sidewalk area shall be kept free from snow and ice at all times. Where structures contain six or more units, it shall be the duty of the owner or agent of the owner to comply with this provision. Where structures contain between one or six units, it shall be the duty of the person occupying the units nearest the public street, as well as the owner or agent of the owner, involved to comply with the requirements of this section.
(Ord. 56726 1 (part), 1974: 1960 C. 805.210.)

11.18.220 Enforcement.

It shall be the duty of the health officers, deputy fire inspectors, neighborhood stabilization officers, and police officers to enforce the provisions of this chapter as follows:

A. Whenever a health officer, neighborhood stabilization officer, a deputy fire inspector or a police officer shall find upon any parcel of land a condition existing in violation of this chapter, he shall proceed as follows:

1. If the officer determines that a violation of Sections 11.18.030, 11.18.040, 11.18.060, 11.18.110 and/or 11.18.140 exists, then the officer may utilize the enforcement, prosecution, and administrative procedures under Chapter 25.33 of the Code; or

2. He may, at his discretion, issue a notice of violation of any provision of this chapter to the violator by mail, by service, or by posting the notice on the premises, which notice will explain the violation and demand its abatement forthwith or within a reasonable period of time. The time for abatement may be extended, at the discretion of the enforcing officer for a period not to exceed six months. No extensions of time for abatement may be granted if public health is endangered by existence of the violation. If abatement does not occur as demanded, the health officer, deputy fire inspector, neighborhood stabilization officer or police officer may make application to the City Counselor who, if satisfied that there are reasonable grounds to believe that an offense has been committed and that a case against the accused can be made, shall file an information with the City Court, pursuant to Supreme Court Rule 37.08.

B. In any case in which it is lawful for a police officer to arrest a person without warrant, at his discretion or at the request of a health officer, neighborhood stabilization officer, or deputy fire inspector, he may forthwith serve the person with a summons instead of arresting the accused.

C. Nothing in this section shall impair or interfere in any way all of the rights, powers, and duties of the Health Commissioner to abate nuisances pursuant to the provisions of Chapter 11.58 or Articles I (25) or XIII (14C(c)) of the City Charter. The Health Commissioner may pursue all enforcement remedies contained in this chapter and all other applicable chapters of this Code, including Chapter 11.58, against violators of this chapter.
(Ord. 67887 2, 2008: prior: Ord. 56726 1 (part), 1974: 1960 C. 805.220.)

11.18.230 Prosecution procedures.

A summons instead of a warrant may issue on the filing of an information if the judge or prosecutor has good reason to believe the accused will appear in response thereto. The summons shall describe the offense charged and shall command the accused to appear at a stated time and place in answer thereto. The summons may be served in the same manner as a summons in a civil action. If the accused fails to appear as commanded by the summons, a warrant of arrest shall be issued.
(Ord. 56726 1 (part), 1974: 1960 C. 805.240.)

11.18.240 Penalty for violation.

A. Penalty for Violations Enforced under Chapter 25.33. Violations of this chapter enforced and/or prosecuted under Chapter 25.33 of the Code shall be assessed the penalty set forth in Chapter 25.33. Any person, corporation or other legal entity appealing the assessed penalty shall file an appeal pursuant to the provisions in Chapter 25.33.

B. Penalty for Violations Enforced under Chapter 11.18. Any person, corporation or other legal entity which violates any of the provisions of this chapter or participates in the violations of its provisions, either as a proprietor, owner, tenant, manager, superintendent or otherwise, provided that the violations are not enforced under Chapter 25.33, shall be guilty of a misdemeanor and upon the conviction thereof shall be punished by a fine of not less than twenty-five dollars ($5.00) and not more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days or both such fine and imprisonment; except that any person who violates the provisions of Section 11.18.070 prohibiting littering by persons in vehicles shall upon the conviction thereof be punished by a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00). Each day that any violation hereunder shall continue shall constitute a separate offense and shall be subject to the penalties hereinabove set forth.
(Ord. 67887 3, 2008: prior: Ord. 58818 1, 1983: Ord. 56726 1 (part), 1974: 1960 C. 805.250.)

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