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0 R D I r ^ N 0 E N 0. 51
AN ORDINANCE PROHIBITING THE T'R',"JI'TG OR D::FOSIMTG OF LITTER IN
PUBLIC PLACES IN THE TO'JTN OF LOS ALTOS HILLS; REGULATING THE DIS=
TRIBUTION OF COMMRCIAL fu^TD NON-C)l"ERCIAL HANDBILLS; CONTROLLING
THE DEPOSITING OF LITTER ON PRIVATE PRE°'ISES; PROVIDING A LIETT FOR
CITY CLEARANCE; AND FRESCRIBING FENALTI.7,S FOR THE VIOLATION OF ITS
PROVISIONS.
BE IT ORDAINED BY THE CITY CJL'NCIL OF THE TOWN OF LOS ALTOS HILLS:
SECTION I. Short Title. This Ordinance shall be known
and may be cited as the "Los Altos Hills Anti -Litter Ordinance".
SECTION II. Definitions. For the purposes of this Ordi-
nance the following terms, phrases, words, and their derivations shall
have .the meaning given herein. When not inconsistent with the context,
words used in the present tense inelude 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 al-
ways mandatory and not merely directory.
(A) "Airr;raft" is any contrivance now known or hereafter
invented, used or designated for navi7ation or for flight in the air.
The word "aircraft" shall include helicopters and lighter -than -air
dirigibles and balloons.
(B) "Authorized Private Receptacle" is a litter storage
and collection receptacle" as required and authorized by the Town of
Los Altos Sills.
(C) "City" is the Town of Las Altos Hills.
(D) "Commercial Handbill" is any printed or written matter,
any sample or device, dodger, circular, leaflet, phamplet, paper,
booklet, or any other printed or otherwise reproduced original or
copies of any matter of literature:
1. Which advertises for sale any merchandise, product,
commodity, or thing; or
2. Which directs attention to any business or mercan-
tile or commercial establishment, or other activity, for the purpose
of either directly or indirectly promoting the interest thereof by
sales; or
3. Which directs attention to or advertises any meet-
ing, 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 admis.-'
sion fee is charged or acollection is taken up for the purpose of de-
fraying the expenses incident to such meeting, theatrical performance,
exhibition, or event of any kind, when either of the same is held,
given or takes glace in connection with the dissemination of informa-
tion 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 li-
cense is or may be required by any law of this Mate, or under any
ordinance of this City.; or
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4, 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.
(E) "Garbage" is putrescible animal and vegetable wastes
resulting from the handling, preparation, cooking and consumption of
food.
(F) "Litter" is "garbage," "refuse," and "rubbish" as de-
fined herein and all other waste material which, if thrown or deposit-
ed as herein prohibited, tends to create a danger to public health,
safety and welfare. .
(G) "Newspaper" is any newspaper of general circulation
as defined by the Laws of the State of California, any newspaper duly
entered with the Post Office Department of the United States, in
accordance with Federal statute or regulation, an,' any newspaper filed
and recorded with any recording officer as provided by general law;
and, in addition thereto, shall mean and include any periodical or
current magazine regularly published with not less than four issues
per year, and sold to the public.
(H) "Non -Commercial Handbill" is any printed or written
matter, any sample, or device, dodger, circular, leaflet, panphlet,
newspaper, magazine, paper, booklet, or any other printed or other-
wise reproduced original or copies of any matter of literature not
included in the aforesaid definitions of a commercial handbill or news-
paper.
(1) "Park" is a park, reservation, playground, re-
creation center or any other public area in the Cite, owned or used
by the City and devoted to active or passive recreation.
(J) "Person" is any person, firm, partnerhip,.association,
corporation, company or organization of any kind.
(B) "Private- '_"remises" is any dwelling, house, building,
or other structure, designed or used either wholly or in part for
private residential rurroses, wheth:r inhabited or temporarily or con-
tinuously uninhabited or vacant,'and shall include any yard,.
grounds, walk, driveway, porch, steps, or mailbox belonging or appur-
tenant to such dwelling, house, building, or other structure.
(L) "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.
(M) "Refuse" is all putrescible and nonputrescible solid
wastes (except body wastes), including garbage, rubbish, ashes,
street cleanings, dead animals, abandoned automobiles, and solid mar-
ket and industrial wastes.
(N) "Rubbish" is nonputrescible solid wastes consisting of
both combustible and non-combustible wastes, such as paper, wrappings,
cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass,
bedding, crockery and similar materials.
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(0) "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 span stationary rails or tracks.
(F) "lolitical -o^,ter" is a.iy rrinted or written matter,
any sample, or device, dodger, circular, leaflet, pamphlet, newspaper,
magazine, paper, booklet, card, cloth or wooden or petal sign of any
character, billboard, ^oster or pennant, or any other printed or
otherwise reproduced original or copy of any matter of literature the
content of which, whether pictorial or verbal or both, is to support
or to oppose or to advertize in any manner any political cause.
.3CTION III: Litter in Public Places. No person shall throw
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.
S-CTION IV: placement of Litter in Receptacles So as to
Prevent Scattering. Fersons placing litter in public receptacles or
in authorized 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.
S':CTION V: Sweeping Fitter Into Gutters I?rohibited. No per-
son shall sweep into or deposit in any gutter, street or other public
place within the City the accumulation of litter from any building or
lot or from any public or private sidewalk or driveway. Persons own-
ing or occupying property shall keep the sidewalks in front of their
premises free of litter.
SrCTION VI: I:',erchants' Duty to Keep Sidewalks Free of
Litter. No person owning or occupying a place of business shall sweep
into or deposit into or deposit, in any gutter, street or other public
place within the City the accumulation of litter from any building or
lot or from any public or private sidewalk or driveway. Fersons own-
ing or occupying places of business within the City shall keep the
sidewalks in front of their business rrer:ises free of litter.
SECTION VII: Litter Thrown by Fersons in Vehicles. No per-
son, 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.
S3CTION VIII: Truck Loads Causing Litter. ?o 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. Nor shall any person drive or move any vehicle or
truck within the City, the wheels or tires of which carry onto or de-
posit in any street, alley or other public place, mud, dirt, sticky
substances, litter or foreign ratter of any kind.
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SECTION IX: Litter in Larks. No person shall throwor de-
posit litter in any park within the City except in public receptacles
and in such a manner that the litter will be prevented from being
carried or deposited by the elements upon any part of the park or up-
on any street or other public place, Thera 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.
SECTION X: Litter in streams and Fonds. No person shall
throw or deposit litter in any fountain, pond, stream, or any other
body of water in a park or elsewhere within the City.
„ECTION XI: Throwing or Distributing Commercial handbills
in Tublic Ilaces. No person shall throw or deposit any commercial or
non-commercial handbill in or upon any sidewalk, street or other pub-
lic place within the City. Nor shall any person hand out or distri-
bute or sell any commercial handbill in any public place. Frovided,
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 dis-
tribute, without charge to the receiver thereof, any non-comr,:ercial
handbill to any person willing to accept it.
S'CCTION XII: Placing Commercial and. Non -Commercial Hand-
bills on Vehicles. PTo parson shall throw or deposit any commercial
or non-conrercial handbill in or upon any vehicle. Frovided, 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 non-com-
mercial handbill to any occupant of a vehicle who is willing to ac-
cent it.
a'ICTION XIII: 7e-ositins Commercial and Non -Commercial
Handbills on Uninhabited or.Vacant Irenises. No person shall throw,
or deposit any comrercial or non-cormercial handbill in or upon any
private premises which are temporarily or continuously uninhabited or
vacant.
SECTION '=: Irohibiting Distribution of Handbills .'here
Properly Posted. No person shall throw, deposit or distribute any
commercial or non-corrercial handbill upon any private nremises unless
requested by the owner or occupant thereof to do so.
SCTION XV: Distributin.� Cgmmercial and Non -Commercial Hand-
bills at Inhabited '.rivete premises. No person shall throw, deposit
or distribute any commerical or non-commercial 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, however,
that in case of inhabited private premises which are not posted, as
provided in this Ordinance, such person, unless requested by anyone up-
on such premises not to do so, nay place or deposit any such handbill
in or upon such inhabited private premises, if such handbill is so
placed or�r.osited� to secure or Prevent sucTi hansbill from being
blown or drifted about such preuises or siOcwalks, street, or other
public places, and extent, that mailboxes may not be so used when so
prohibited by ?ederal Postal law or regulations.
(A) Exemption for I'ail and_-'ewsga_pers. The provisions
of this Section shall not apply to the distribution of mail by the
United Mates, no to newspapers (as defined herein) except that news-
papers shall be placed on private property in such a manner as to
prevent their being carried or deposited by the elements upon any
street, sidewalk or other public place or upon other private prop-
erty.
",ECTION XVI: Dropping Litter From Aircraft. No person in
an aircraft shall throw out, drop or deposit within the City any lit-
ter, handbill or any other object.
SECTION -:VII: Posting Yotices Prohibited. No person shall
post or affix any notice, poster or other paper or device, calcu-
lated to attract the attention of the public, to any lamp post, pub -
utility pole or shade tree, or upon any public structure or building,
except as may be authorized or recuired by law.
(A) rostingFolitical Fosters Prohibited Fosters "rohibited. No person shall
post or display, on property other than his own, any political poster,
unless such person shall first have obtained a permit therefor, as
hereinafter provided. :iny person desiring a permit for posting of
political posters shall aptly therefor to the City Clerk. Upon sub-
rission by the aprlicant of the nares and addresses of the persons
who will be responsible for removal of the posters, as hereinafter
provided, and deposit by the applicant of the sum of 15.00 as a
bond to insure said renoval, together with a sample of the poster
to be posted, the City Clerk shall forthwith issue to the applicant
a permit to post such r,olicical Posters.
'.hen political posters have been posted pursuant to a per-
mit granted under the provisions contained herein, the aprlicant or
other responsible person designated in the ap-lication for such
permit shall, within ten days after the determination of the politi-
cal question to which political posters pertained, effect the com-
plete removal of all posters so posted. ','hen such removal has been
completed, the City Clerk shall forthwith refund the $15.00 deposit
previously made. In the event that the persons responsible have not
completed said removal within the prescribed period, the City In-
spector shall be, and he is hereby, authorized to remove said posters,
and the entire amount of the deposit made shall be forfeited to the
City to compensate the City for the cost of such removal.
SCTION'.VIII: Litter on Occupied Private Property. No
person shall throw or deposit 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 author-
ized private receptacles for collactt:>n in such a manner that litter
will be prevented from being c::•3.:.a deposited by the elements
upon any street, sidewalk or cthar zoli:. place or upon any other
private property.
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SsCTION % `y: Owner to I4aint3in Prem—ices Free of litter.
The owner or person in control of any private property shall at all
times maintain the premises free of litter. Provided, however, that
this Section shall not prohibit the storage of litter in authorized
private receptacles for collection.
SECTION Y,i: Litter on Vacant Lots. No person shall throw
or deposit litter on any open or vacant private property within the
City whether owned by such person or not.
SECTION &:I: Clearing of Litter from Open Private Property
by Cit .
(A) Notice to Remove. The City Inspector is hereby author-
ized and empowered to notify the owner of any open or vacant private
property within the City or the agent of such owner to properly dis-
pose of litter located on such owner's property which is dangerous to
public health, safety or welfare. Such notice shall be by Registered
Mail, addressed to said owner at his last known address.
(B) Action Upon Ton -Compliance. Upon the failure, neglect
or refusal of any owner or agent so notified, to properly dispose of
litter dangerous to the public health, safety or welfare within ten
(10) days after receipt of written notice provided for in sub -section
(k) above, or within fifteen (15) days aft --,r the date of such notice.
in the event the same is returned to the City lost Office Department
because of its inability to make delivery thereof, provided the same
was properly addressed to the last known address of such owner, or
agent, the City Inspector is hereby authorized and empowered to pay
for the disposing of such litter or to order its disrosal by the City.
(C) Char____g`e Included in Tax Bill. ',hen the City has effect-
ed the removal of such dangerous litter or has paid for its removal,
the actual cost thereof, plus accrued interest at the rate of six per
cent (6%) per annum from the date of the completion of the work, if
not paid by such owner prior thereto, shall be charged to the owner by
the City, and said charge shall be due and payable by Siad owner at the
time of Payment of such bill.
(D) Recorded Statement Constitutes Lien. '.here the full
amount due the City is not paid by such owner within sixty (60) days
after the disrosal of such litter, as Provided for in subsections (A)
and (B) above, then, and in that erse, the City Inspector shall cause
to be recorded in the County Recorder's Office a sworn statement show-
ing the cost and exnense incurred for the work, the date the work was
done and the location of the property on which said work was done.
The recordation of such sworn statement shall constitute a lien and
privilege on the property, and shall renain in full force and affect
for the amount due in principal and interest, plus costs of court, if
any, for collection, until final payriont has been made. Said costs and
expenses shall be collected in the manner fixed by law for the collect-
ion of taxes and further, shall be subject to a delinquent penalty of
six Per cent (6%) in the event same is not paid in full on or before
the date the tax bill upon which ealc charge appears bacomc-s delinquent.
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Sworn statements recorded in accordance with the provisions hereof
shall be prima facie evidence that all legal formalities have been
complied with and that the work has bean done properly and satisfact-
orily, and shall be full notice to every parson concerned that the a-
mount of the statement, plus interest, consitutes a charge against
the property designated or described in the statement and that the
same is due and collectible as provided by law.
SECTION MI: Fenalties. any person violating any of the
provisions of this Ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined in an amount not exceeding
T3RE _iii?DR7D DOLLiRS 03O0.O0) or be imprisoned. in the Santa Clara
County jail for a period not exceeding Sixty (6C) days or be both so
fined and imprisoned. Each day such violation is committed or permit-
ted to continue shall constitute a. separate offense and shall be run-
ishable as such hereunder.
SECTION %:.III: Separability. If any section, subsection,
sentence clause, phrase or portion of this Ordinance is for any rea-
son held invalid or unconstitutional by any court of competent juris-
diction, such portion shall be deomed a separate, distinct and inde-
pendent provision and such holding shall not effect the validity of
the remaining portions hereof.
S ACTION XiIV: :_(.option. This Ordinance shall be posted
in three (3) public places in the Town of Los Altos Hills and shall
become effective thirty (30) days after its aroption.
PISSED M ADOPTED by the City Council of the Town of Los
Altos Hills this 161b day of _ebruar�, 1959, by the following vote:
AYES: Councilmen Bledsoe, Clayton, Sherlock, Traat,
Mayor Powle
NOES: None
ABSENT: None
ATTEST:
JIM