1967-579r,,
ORDINANCE NO. 579
ORDINANCE PROHIBITING THE-THROWING-OR
DEPOSITING OF LITTER IN PUBLIC PLACES IN
CITY OF SOUTH MIAMI, FLORIDA; REGULATING
THE DISTRIBUTION OF COMMERCIAL AND NON-
COMMERCIAL HANDBILLS, CONTROLLING THE DE-
POSITING OF LITTER ON PRIVATE PREMISES;
AND PRESCRIBING PENALTIES FOR THE VIOLATION-
OF ITS PROVISIONS.
BE IT ORDAINED BY THE MAYOR AND CITY 'COUNCIL OF c !Ty"bF
SOUTH MIAM18 FLORIDA:
Section 1. ' SHORT TITLE. This ordinance shall be known
and may be cited as the City of-South Miami, FIbrida Anti -
Litter Oidinance.
Section 2. DE01"'kT46N$. For the purposes Of this
or&�Abe'thie following 'term's. 'ters. phrases, words, and their
deriVait fis' A il have the meaning given h6iie"in. When not in-
cons istent * with tbfie context, words used in the Present tense
- i - include the f Vbire, words u6ed "kh" the pdfrta n ui6er in
dlude
the singular 'number, And the words 'used in the singular number
include the plural number. The word "Shall" is always manda-
tory and not merely directory.
(1) "Authorized 'Pki vate recepta6l:el. is a litter storage
and'd6liection receptacle 6r--area as-requil-'red and authorized
in Chapter 11-Garbage and Trash--6f Code of Ordinances.
(2) "City" is the City of South Miami, Florida.
(Y) "Commercial Handbill" Jbill" is any pr'i76ted or written
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matter, any sample or d evice, d6dg6r, circular, leaflet, Pam--
phl e--t, paper, booklet, or any other pki-in-ted or 'otherwise re-
produced original or copies of'"y matter of litera . ture:
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(a) Which advert,is-es-for sale any merchandise, pro-
duct,_ commodity, or thi"n"g'-; or
(b) Which directs attention to any busihess-or
mercanti'f6 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 peiformdnC'-e, exhiVitlon, or event
of any kind, f , or which an admission fee is charged fo-r-,
the purpose of private ' or profit; but the terms of thit
clause shall not apply where an admission fee is char44d
or a collectibn'-is taken up'for the purpose of defrayk
the expenses incident to such meeting, theatrical -per -
formance, exhibition, or event of any kind, when either
of the same is held, given or takes place,in con-'
nection 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 taki'Wg
place of any meeting, theatrical performance, exhibi-
tion or event of any kind, _without a license, where
such license is or may be required of any law nf. this
State, or under any ordinance of this City; or
(d) Which, while containing reading 11 matter other
y
than predo-minalxhtl-yadd
---- and -is distributed or
circulated for advertising purposes, or for the
private benefit and gain of any person so engaged as
advertiser!or distributor.
(4) "Garbage" is -put:res-Able animal and ve-getabie wastes
resulting from the handling, preparation, cooking and consumption
of food.
r s "gar '92�ge," refuse," and rubbish" s
(5) "Litter" " I A
— 4,
herein and all other waste m�i66�Fial'which, if thrown '6r d`e'posited
as h6rerh prohiVited, tends to create a danger to public health,
safety And welfare.
(6) "New6paper"'is any newspaper Of general ci _ru'clat ion as
defined by' - general law, afiy_-_newspaper -du'-Iy entered Vi`Eh"the Post
Ok,ft"d'e 'b6pWktment, of the United States, in accordance w i th: Fed-
e a I," S 'Aaf e o, r regulation, . at_ io
r, and any'- newspaper filed and e6cb,
rded
with"Any recordi0g o if ic r as provided by 'general ia*; and,
and-In addition fh6r6'fb,, shall mean and 'ifi`;cAiYd;e any perioifical
or current ma:gaikne regularly pubfished with not 'less than four
issues per year, and sold to the public.
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(7) '-N,6-6-�66mmercial Handbill" is any printed br.writben
matter, any samp�le, 'or device, dodger,- circular, lea et, pam-
phlet, newspAper,,magazi-ne, -paper, bookIet, or any other printed
or otherwise repi45duced original or copies of ' a''n"y''matter of
literature not inMded in the aforesaid definitions of a
commercial-handbAl or newspaper.
(8) "Park" is a park, reservation, playground,, beach,
recreation ceritelr''or any other public area in the City, owned
or.used by the City and 'devoted to active or passive recreation.
(9) "Perso'h" is an`y-;>person, firm, partners'14, associa-
tion, corporation, company or organization of any kind.
('16) "Private Premises" is any dw6ilibg, house, b6` 1'n-g
or other structure, desi' d or used either wholly or I i - n part
for private residential purposes, whether inhabited or tempor-
a lly or continuously nin
ly u .1 Ei "
r s liaVited or vacant-*, and shall include
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any yard, grounds, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such dwelling, house,
building, or other structure.
(11) "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.
..��..�� r....��....�...e and non= putrescible
solid wastes (except body wastes),- including garbage-, rubbish,
ashes, street cleanings, dead animals, abandoned automobiles,
leaves, wood, glass, bedding, crockery and similar materials.
(13) "Rubbish" is,nonputrescible solid wastes con-
sisting of both combustible and non''= conbustible wastes, such
as 'paper, wrappings, cigarettes, cardboard, tin cans, yard
clippings, leaves, wood, glass, beddi "rig - crockery and similar
materials.
(14) "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 2. LITTER IN PUB
LIC'PLACES. No person shall th'raw
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.
a,r. ' °isi -+,e S :; a . _...a. ;,y,.l .�.,
Section 3. PLACEMENT OF�LI•TTER IN RECEPTACLES . SO.-!WS TO
.rte =4� - "-
PREVENT SCATTERING, Persons placing litter in
public receptacles or in auth%rized 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 or upon private property.
Section' 4. AWEERING LITT!W° INTO GUTTERS PROHIBITED. No
LL: >w .. ,
person shall sweep "ino or deposit in any" °gutte "r, street or
other public place within the City the accumulat ion ''of litter
from any'`bulding`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 5. MERCHANTS' DUTY TO KEEP SIDEWALKS FREE OF 'LITTER.
.. -v ,,:
No person owning or occupying a place of 'Tousinessshall sweep, 'into
or deposit in any gutter, street or other public place within the
City the accumulation of `litter from any '}iuiMing' or lot or from
any .public or private sidewalk or driveway. Persons owning or
occupying places of business within the City shall keep the side-
walk "in 'front of their business premises free of litter.
Section 6. 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.
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Section 7. 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, contents or litter from being blown or deposited
upon any street, alley or other public place. Vor shall any
person" drive or move any vehicle or truck within the City-, the
wheels or tires of which carry unto or deposit in any,street,
alley or -other public place, mud, dirt, sticky substances,
litter �- foreign matter of any kind.
Section 8. LITTER IN PARKS. No person shall throw or
deposit ,litter„in an ark within the City except in public
receptacles and �9n _such `.a manner •that they litter wi.1]. be pre-
vented rfrom be.n carried or deposited by the elements upon
any part`of the park or upon any st`reet'br other public place.
Where public receptacles are not provided, all such litter .
shall be carried away from the park b y- the
person responsible
for its presence and properjy disposed of elsewhere as provided
herein.
Section 9. LITTER 'IN LAKES AND FOUNTAINS. No person
shall throw or deposit litter in any `fouffitain, pond, lake,
stream bay e o r any other body of water in a park or elsewhere
within the City.
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Section 10. THROWING OR DISTRIBUTING 'COi�II�lERCIAL'w. HANDBILLS
IN PUBLIC 'PLACES No person shal'1 `th "row or
deposit any commercial or non = commercial handbill''ib "br upon any
sidewalk, street or other public place within °the'Ci:ty. Nor
shall any `person hand out or distribute or sell An ` ommercial
be unlawlan-y `public'place. Provided, however, that it shall
not
1 on any sidewalk, street, or other public place
within the City "for any person 'to hand out or
distribute, th-
out charge to the receiver thereof, any non - commercial handbill
to any person willing to accept it.
.d�..r.Li� 2'}.w�'u:.,,s`.. s
Section 11. PLACING'd0MM.ERCIAL AND'NON- COMMERCIAL HAND -
BILLS ON VEHICLES. No person shall throw or
any vehicle. Prov ded,howeverthatit shall no in or "upon
Po y
co o non-commercial of be unlawful
in an ub m_
y`p" lic place for a person to hand out or distribute
without charge to,the receiver thereof, a non - commercial hand-
bill or any occupant of a vehicle who is willing to accept it.
Section 12. DEPOSITING COIrIl�RCIAL AND NON - COMMERCIAL
HANDBILLS 'ON UNINHABITED OR VACANT'PRE_JISES.
No person shall throw or de ``
pe posit any commercial or non - commercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
Section 13. PROHI ITINGD STRIBUTION"OFHANDBILLS
' -WHERE
PROPERLY POSTED: No person shall throw,
deposit or distribute any commercial or-non- commercial hand-
bill upon any 'private premises, if requested by anyone thereon
not to 'do so, or if there is placed on said premises in a
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conspicuous position near the entrance thereof, a sign bear-
ing the words: "No Trespassing," "No Peddlers or K§76-Tits,"
"No Advertisement," or any similar notice, indicatLn4 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 handbills left upon such premises.
section 14 e DIATI2TRIMPTNG ('rMMFRCIA I L AgbANON-COMERCIAL
HANDBILLS AT INHABITED PRIVATE= PRENISES,
No person shallthrow,°deposit or distribute any commercial
or non-commercial handbill in or upon private.premises which
are inh6b'itbd,---except-by handing or- transmitting - any such
handbill directly to the owner, occupant, or other person then
present-in or upon such private case of ihh-
premises. Provided, however,
that in"
'"'abitpd private premises which are not posted,
as provided in 'this oraknance, such person, unless requested by
anyone I upon such pr - eidise s not to do So-, "Ma ty place c - e or deposit
any such handbill in or upon such iiihaiMi edprivate piremises,
if such handbill"is so placed or deposited as to secure or
prevent such"handbili from being blown or fti:fted aliotit such
premise or sid6*9316, streets, or other public places, and
e6e
x - �.that mailboxes may not be so used when so prohIllted;lby
Federal postal law orreguritIons.
Section 1:5.' EXEMPTION FOR M"A"IL""'A"N'D NEWSPAPERS, , The pro-
visibns of this Section shall not apply to the di'st' ut�j'on of
mail by the UTfited States, nor to-newsp4p ers (as defined herein)
except that newspapers shall be placed on private property in
such " A manlier as to prevent thedk being carried or deposited by
the elements upon a4iy street, sidewalk or other public place or
upon private property.
Section 11:6. P' 'STING NOTICES PROHIBITED. "No person shall
post or affix any notice, p9ster or other paper or deVic-ei,,
C _� 14.�
calcula�te�dto attract the attention of the public', to il ny.- laffip
post, utlIty pole or shade tree, or upon any public structure
�I
or building, except as may be authorized or required by"y law.
Q_ S ee 'iion IT. P,R-I,VATE PR"-8P,j9RTY, No
person shall occupied litter on any bcc�ped pr - ivate
property within the City, whether owned by such person or Pot,
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 111 be prevented from being carried
or deposited by the elements upon any street, sidewalk or
other public place or upon any private property.
Section 18. OWNER NER TO AjAINTAIN PREMISES - P RE I E OF I LITTER.
The owner or person in control of any private'pro I per ty sha 1 11 at'
all times maintain the 'prem&ses free 6�f'1'10t"beri Provided, how-
ever, that - this Section shall not pro' ibIt-the storage of litter
in authorized private receptacles for collection.
Section 19. 1-ITTER ON VACANT LOTS. No person shall thi,-
oi ioposit litter oti any open or vacant private property within
'lit, Cil.y wlictlit,i" owns by such person or not.
Spat ion 20. PENALTIES. Any person violating any of lit(,
provisionn of this Ordinance shall upon conviction thereof Lit,
fined in an amount not exceeding $500.60 or be -imprisoned in
Hit, City Jail for a period not exceeding six (6) months or by
both so f Ln,-(l and imprisoned as provided for in Section I-B
of the Code of Ordinances. Each day such violation is com-
mitted Or PULMILLed to conLinue shall constitute a separate
offeit*o and shall be punishable as such hereunder.
Section 21. It is Cho intent that this brdi"66:nce is
1X�im;tncnt iii nature and shall- be= iWe-l-wded --in the Cade-Of
Ordinances of the City of South Miami, Florida, and the sections
hereof may be renumbered for such purpose.
Section 22. SEPARABILITY. If any section, subsectioil,
sentence, clause, phr- e or portib"n of this ordinance is for
any reason held ThOl-aid 'or unconstitutional by any court of
competent I jurisdiction, such paktio-n shall be deWAed' a separate,
distinct and independent provision and 'such hold1fig shall not
affect the validity of the remaining portions hereof.
Section 23. ORDINANCES REPEALEb. All r-Part
of ordiViances in conflict with the provisi'ons of this ordt-hatice
are hereby 'repealed.
,['his ordi:na:nce shall become effei-tive Janua'ry 1, 1968.
PASSED AND ADOPTED this 17th day of Octobdr, A.D. 1967.
APPROVkbL
0
ag
Mayor
ATTEST:
CAy Cler-.'.
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