HomeMy WebLinkAbout073_Litter_Offense_FinesORDINANCE NUMBER 73
AN ORDINANCE PROHIBITING THE THROWING OR DEPOSITING OF LITTER IN PUBLIC PLACES IN THE TOWN OF
OWASSO, OKLAHOMA; REGULATING THE DISTRIBUTION OF HANDBILLS, CIRCULARS, ADVERTISEMENTS, NOTICES,
AND OTHER PRINTED MATTER OR DEVISES; CONTROLING THE DEPOSITING OF LITTER ON PRIVATE PREMISES,
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO, OKLAHOMA;
SECTION 1. DEFINITIONS: The following works and phrases, when used in this ordinance,
shall have the meaningherein described to them, to-wit:
"Authorized Private Receptacle": Alitter storage and collection receptacle as required
y the ordinances of the Town of Owasso, Oklahoma, pertaining to depositing of trash and garbage
for the purpose of collection.
"Handbill": Any printed or written matter, sample, devise, pamphlet, notice, paper,
circular, or any other printed or otherwise reproduced original of any matter ofliterature,
which advertises for sale any merchandise, product or thing, or which directs attention to any
business, commercial establishement, political campaing, theatrical performance, exhibition,
event or other activitiy, for the purpose of promotin the interest thereof by sales or for the
purpose of acquiring private gain, profit or benefit.
"Litter": Any garbage, refuse, rubbish, paper, wood, ashes, glass, crockery, stone,
sand, animal waters, vegetable wasters, putrescible, or nonputrecible solid wastes, leaves,
yard clippings, twigs, street cleanings, sacks, wrappings, lighted cigarettes, cigarette packs
or containers, cardboard, cans, bottles, food or drink containers, dead animals, solid market
and industrial wastes, abandoned automobiles, and ismilar materials and/or waste, either
combustible or noncombustible.
"Newspaper": Any newspaper of general circulatin, including any peridical or current
magazine regularly published with not less than four issues per year, and sold to the public.
"Private Premises": Any yard, grounds, walk, driveway, porch, steps, vestibule, house,
dwelling, building, structure designed or used either wholly or in part for private residential
purposes, wheather inhabited, uninhabited or vacant, any mail or box or appurtenant thereon or
thereto.
SECTION 2. LITTER IN PUBLIC PLACES. It shall be unlawful for any person to throw or
deposit litter in or upon any street, sidewalk or other public place with the Town of Owasso,
except in public receptacles, in authorized private receptacles for collectin, or in official
Town dumps.
SECTION 3. LITTER PLACEMENT IN RECEPTACLES SO AS TO PREVENT SCATTERING: Persons placing
litter in public receptacles or in authorized private receptacles shall do so in such 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. SWEEPING LITTER INTO GUTTERS PROHIBITED. No person shall sweep into or deposit
in any gutter, street or other public place within the Town of Owasso the accumilation of
litter from any building, yard orlot, or from any public or private sidewalk or driveway.
Persons owing or occuping property shall keep the sidewalks abutting their prmises free of
litter or obstructions.
SECTION 5. VEHICLE LOADS CAUSING LITTER. No person shall drive or move any tuck, cark,
or other vehicle within the Town of Owasso unless such vehicle is so constructed or loaded as
to prevent any load, contents or litter from being blown, scattered or deposited upon any
street, alley or other public place.
SECITON 6. THROWING, DEPOSITING AND DISTRIBUTING HANDBILLS. No person shall throw or
deopost any commercal or non-commercial handbill in or upon any sidewalk, street or ther
public place within the Twon of Owasso, or hand out or distribute or sell commercial handbill
in public places; provided, that it shall be lawful to hand out or distribute, directly to a
reciepient, regulation business or personal cards, which do not exceed ten (10) square inches
in size, and not less than one and three-quarters (1 3/4) inches at it smallest dimension.
SECTION 7. THROWING OR DEPOSITING HANDBILLS IN VEHICLES. No person shall throw or
deposit any commercial or non-commercial handbill in or upon any vehicle; Provided that it
sahll not be unlawful in any public place for a person to hand out or distribute without
charge to the receiver a non-commercial handbill to any occupant of a vehicle who is willing
to accept it, when such handbill is not primarily intended for the purpose of promoting sales
or monetary profit.
SECTION 8. HANDBILLS THROWN OR DEPOSITED ON UNIHABITED PROPERTY PROHIBITED. No person
shall throw or deposit any handbill in or upon any private premises which are temporarily or
continuosly unihabted.
SECTION 9. THROWING HANDBILLS ON PRIVATE PROPERTY PROHIBTED, WHEN. It shall be unlawful
to throw, deposit or distribute any handbill upon any private premises, if requested not to do
so or where signs are displayed bearing the words "No Trespassing," "No Peddlers or agents",
"No Advertisement," or similar notice indicating that the occupants do not desire to have their
privacy distrubed.
SECTION 10. DISTRIBUTING HANDBILLS ON INHABITED PROPERTY. No person shall throw, deposit
or distribute any commercial or non-commercial handbill in or upon private premises which are
inhabited, except by transmitting directly to the owner, occupant, or person present upon
such private permises. In cases of inhabited private premises which are not posted, handbills
must be placed securely to prevent same from blowing on sidewalks, streets, or other public
places. Mailboxes may not be used when so prohibited by Federal postal laws or regulations.
(a) The provisions of this Section shall not apply to the diestribution of mail by the
United States, nor to newspapers except that newspapers shall be places on private property
so as to prevent being carried or deposited upon any street, sidewalk or public place or on
other private property.
SECITON 11. No person in an aircraft shall throw out, drop or deposit within the Town of
Owasso, Oklahoma, any litter, handbill or any other object.
SECTION 12. POSTING ON PUBLIC PROPERTY PROHIBITED. No person, except a duly elected or
appointed officer or employee of the Town of Owasso, while acting within the proper authority
of such office or employment, shall post or affix any notice, commercial or non-commercial
handhbills, poster or other paper calculated to attract the attention of the public, to any
lamp post, public utility pole or shade tree in a public place, or on any public structure,
except as may be authorized or required by law.
SECTION 13. THROWING OR DISTRIBUTING LITTER ON PRIVATE PROPERTY. No person shall throw
or deposit litter on any occupied private property except that the person in control of private
property may keep private receptacles for collection of litter to be prevented from being
deposited upon streets, sidewalks and other public places.
SECTION 14. PRIVATE PROPERTY TO BE FREE OF LITTER. The owner of any private property shall
at all times maintain the premises free of litter; provided, that this Section shall not prohibit
the storage of litter in authorized private receptacles for collection.
SECTION 15.LITTER ON VACANT PROPERTY PROHIBITED. It shall be unlawful for any person to
throw or deposit litter on any open or vacant property within the Town of Owasso, whether
owned by such person or not.
SECTION 16. PENALTIES. It shall be an offense to violate any of the provisions of this
Ordinance, and upon convistion of such offense, such violator shall be fined in a sum not to
exceed Twenty Dollars ($20.00), including cost, and each act of violation shall be regarded
as a separate offense, and each day a violation is permitted to continue shall be a separate
offense.
EMERGENCY CLAUSE. Whereas an immediate necessity exitst in order to regulate and prohibit
litter and trash upon the streets an emergency is hereby declared to exist in order to reserve
the public peace, health and safety, whereby this Ordinance shall be in full force and affect
from and after its passage and approval as provided by law.
Emergency Clause voted upon deparately and passed by unanimous vote this 21st day of
March, 1966.
PASSED by the Board of Trustees of the Town of Owasso, Oklahoma, this 21st day of March
1966.
APPROVED by the President of the Board of Trustees of The Town of Owass, this 21st day
of March, 1966.
ATTEST: Town Clerk President of the Board of Trustees
Approved as to form:, Attorney
for Owasso, Oklahoma , Board Member
CERTIFICATE OF POSTING
I, Robbie D Fickle, the duly elected and acting Clerk
of the Town of Owasso, Oklahoma, do hereby certify that on the 21st day of March, 1966,
I did post a copy of the above and forgoing ordinance "Number 73", hereto prefixed,
in ten (10) of the most public places in the Town of Owasso, Oklahoma, as required by
law.
Town Clerk