Chapter 9.28 LITTER
Section 9.28.020 Definitions.
For the purposes of this chapter, the following terms, phrases,
words, and their derivation,
shall have the meaning given herein:
"Aircraft" means any contrivance now known or hereafter
invented, used or designated for
navigation or for flight in air. The word "aircraft" includes helicopters and lighter-than-air
dirigibles and balloons.
"Authorized private receptacle" means a litter
storage and collection receptacle as required and
authorized in Chapter 8.12 of this code.
"Commercial handbill" means 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:
A. Which advertises for sale any merchandise,
product, commodity or thing;
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;
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 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 any 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.
"Garbage" means putrescible animal and vegetable
wastes resulting from the handling,
preparation, cooking and consumption of food.
"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.
"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 (4) issues per year, and sold to the public.
"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 copy of any matter of literature not included in the aforesaid
definitions of a commercial handbill or newspaper.
"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.
"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.
"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.
"Refuse" means all putrescible and nonputrescrible
solid wastes (except body wastes),
including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and
solid market and industrial wastes.
"Rubbish" means nonputrescible solid wastes, such
as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
"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. (Added during 1993 recodification)