HomeMy WebLinkAbout1963 Ordinance No. 003'I
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Introduced •• a Bill by Councilman Mile•
BY AU'ftlOJUft
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BB IT OlllaIHBD BY 'ftlB Cift COUNCIL OP BRGLBWOOD, COLORADO:
section l. Section• 15.21, 15.22, 15.23, 15.24 and 17.11 of the
llanicipal COde of the City of Bnglewood are hereby repealed.
Section 2. Section 15.24 of the Municipal Code of the City of
BnCJl.wood i• hereby r91lumbered •• Section 15.41. Section 15.25 of said code
i• hereby renumbered •• Section 15.42. Section 15.26 of said code is hereby
renumbered •• Section 15.43. Section 15.27 of •aid code ia hereby renumbered
•• section 15.44. section 15.28 of aaid code i• hereby renumbered as Section
15.45. Section 15.2 9 of said code is hereby renulnbered aa Section 15.46.
Section lS.30 of aaid code ia hereby renumbered •• Section 15.47.
Section 3. The Municipal Code of the City of Bnglewood, Colorado,
i• hereby amended by adding thereto the following aectiona prohibiting the
throwing or depoaiting of litter in public place• in the City of Englewood,
Colorado: regulating the diatribution of commercial and non-commercial handbill•:
controlling the depoaiting of litter on private premi•••r and providing a lien
for City clearance:
Section 15.21. Definition•. Por the purpo••• of this Ordinance
the following terms, phraaea, word•, and their derivations shall have
the meaning given herein. When not inconaiatent with the context,
word• uaed in the preaent ten•• include the future, word• used in
the plural number include the ain9ular nmnber, and words used in
thel9ingular nmber include the plural number. 'l'Jl• word "shall" is
alway• mandatory and not merely directory.
(1) •Aircraft• i• any contrivance now known or hereafter
invented, uaed or deai9nated for navigation or for flight in the
air. Th• word •Aircraft• shall include helicopter• and lighter-than-
air dirigible• and balloons.
(2) •Authorized private receptacle• i• a litter storage and
collection receptacle aa required and authorized in Section 23.3 of
the Municipal Code of the City of Bnglewood.
(3) "City• i• the City of Bnglewood, Colorado.
(4) •eo..ercial Handbill• i• any printed or written matter,
any aample or device, dodger, circular, leaflet, pamphlet, paper,
booklet, or any other printed or otherwi•• reproduced original or
copi•• of any matter of literatures
(a) Which advertiaes for aale any merchandiae, product,
~ity, or thing: or
(b) Which direct• attention to any buaineas or
mercantile or commercial eatabliahment, or other activity,
for the purpoae of either directly or indirectly promoting
the intereat thereof by sales: or
(c) Which direct• attention to or adverti•e• any
meeting, theatrical 4Mtrformance, exhibition, or event of
any kind, for which an admission f.. i• charged for the
purpose of private gain or profit: but the term• of this
clauae ahall not apply where an admiaaion fee i• charged
or a collection ia taken up for the purpo•• of defraying
the expenaea incident to such meeting, theatrical performance,
exhibition, or event of any kind, when either of the same
i• held, given or takes place in connection with the
diaaemination of information which i• not reatrictec:l under
the ordinary rules of decency, good morala, public peace,
aafety and good order: Provided, that nothing contained
in this clause s h all be deemed to authorize the holding,
giving or taking place of any meeting, theatrical per-
formance, exhibition, or event of any kind, without
a licenae, where such license is or may be required
by any law of this State, or under any ordinance
of thia City: or
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(d) Which, while containing reading matter
other than advertising matter, is predominantly
and essentially an advertisement, and is distributed
or circulated for advertising purposea, or for the
private benefit and gain of any person ao engaged as
advertiser or distributor.
(5) •Garbage• is putrescible animal and vegetable wastes
resulting from the handling, preparation, cooking and consumption
of food.
(~) •Litter• is •garbage,• •refuse,• and •rubbish• as
defined herein and all other waate material which, if thrown or
deposited as herein prohibited, tends to create a danger to public
health, safety and welfare.
(7) •Newspaper• is any newspaper of general circulation
as defined by g eneral law, any newspaper duly entered with the Post
Office Department of the United States, in accordance with Federal
statute or regulatio n, and 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 publ .1aned with not leas than four issues per year, and
aold to the public.
(8) •Non-Commercial Handbill" is any printed or written
matter, any sample, or device, dodger, circular, leaflet, pamphlet,
newspaper, ma g azine, pa.per, booklet, or any other printed or
otherwiae reproduced original or copies ~f any matter of literature
not included in the a f oresaid definitions of a commercial handbill
or newspaper.
(9 ) •park• is a park, reservation, playground, beach,
recreation center or any other public area, in the City, owned
or used b y the City and devoted to active or paasive recreation.
(10) •person• is any person, firm, partnership, association,
corporation, company or organization of any kind.
(11) •Private Premiaes• is any dwelling, house, building,
or other structure, desig ned or used either wholly or in part
for private residential purposes, whether inhabited or temporarily
or continuoualy uninhabited or vacant, and shall include any
yard, grounds, walk, driveway, porch, atepa, vestibule or mailbox
belonging or appurtenant to such dwelling, houae, building, or
other atructure, and private land on which no building exists.
(12) •Public Place• is any and all streets, sidewalks,
boulevards, alleys or other public waya and any and all public
parka, squares, apacea, 9rounda, and building•.
(13) •aefuse" is all putrescible or non-putrescible
waste, including 9arbage, rubbiah, ashea, atreet cleaning, dead
animal•, offal, droppings, abandoned appliances, and/or non-
operational vehicle• or parts therefrom, abandoned and/or non-
operational machinery or parts therefrom.
(14) •aubbiah• i• non-putrescible waste consisting of
both combustible and non-combustible wastes, such as paper,
wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves,
brancea, wood, waste building materials, glass, bedding, crockery,
household furnishing• and similar materials.
(15) •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
rail• or tradts.
S!ction 15.22. Litter in P9blic Places. Ho person shall
throw or deposit litter in or upon any street, sidewalk or other
public place within the City except in public receptacles, in author-
ised private receptacle• for collection, or in official City dumps.
8estion 15.23. Plac!l!!!nt of Litter in Rec!pt&cles So as to PrtylQt lcatttring. Persona placing ilttern public receptacles
or in authorised private receptacle• shall do so in such a manner
as to prevent it from being carried or deposited by t1he elements
upon any atr .. t, sidewalk or other public place or upon private
property.
89ction 15.24. &weeping Litter Into qytters Prohibited.
llo person shall ~p into or depoait in any gutter, atreet 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. Persona owning or occupying property shall keep the side-
walk in front of their premises free of litter.
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S!ction 15. 25 , Merchant•' Dutv to JS!tp Sidewalk• free
of Litttr. Ito person owning or occupying a place of buaineaa
ahall aweep into or depoait in any gutttr, atrtet or other public
place within the City the accumulation of litter from any building
or lot or from any public or privatt aidtwalk or driveway. Persona
owning or occupying place• of buaint•• within tht City ahall keep
the aidtwalk in front of their buain••• pr .. i••• free of litter.
&tction 15.26. Litter Thrown by Ptr19n• ~ Y•hiclea.
1lo person, while a driver or passenger in a vthcle, •hall throw
or depoait litter upon any street or other public place within
the City, or upon private property.
§ection 15.27. Truck Loadf·C.uaing Litttr. Ho person
aball drive or move any truck or other vehicle within the City
unleaa such vehicle is so constructed or loaded aa to prevent any
load, con·tenta or litter from being blown or deposited upon any
atreet, alley or other public place, lfor •hall any person drive
or move any vehicle or truck within the City, tht wheel• or tires
of which carry onto or deposit in any atr11t, alley or other public
place, mud, dirt, sticky aubatances, litttr or foreign matter of
any kind.
Section 15,28. Litter in Parka. No person shall throw
or depoait litter in any park within the City txcept in public
rtctptaclt• and in such a manntr that tht litttr will be prevented
from being carried or deposited by the 11 .. 1nt• upon any part of
the park or upon any street or other public place. Where public
receptacles are not provided, all such litter shall be carried
away from the park by the person reaponaiblt for it• presence and
properly diapoatd of elaewhere •• providtd htrtin.
StCtiOD 15,29, Litter in Lakea and Porntaipa. Ho person
aball throw or depoait litter in any fountan, pond, lake, stream,
bay or any other body of water in a park or elsewhere within
the City.
&tction 15.30. Throwing or Distributing COft!l!•rcial Handbills
in P9blic Place•. No person shall throw or deposit any commercial
or non-coanercial handbill in or upon any sidewalk, street or
other public place within the City. Nor ahall any person hand out
or diatribute or sell any commercial handbill in any public place.
Provided, however, that it shall not bt unlawful on any sidewalk,
street, or other public place within the City for any person to
hand out or diatribute, without char9e to the receiver thereof,
any non-C0111Dercial handbill to any person willing to accept it.
Section 15.31. Placing Commercial and lon-Conmercial Handbills
on Ytbiclta. Ho person ahall throw or depoait any commercial or
non-coanercial handbill in or upon any vehicle. Provided, however,
that it ahall not be unlawful in any public place for a person to
hand out or distribute without char91 to the receiver thereof, a
non-C01111•rcial handbill to any occupant of a vthicle who is willing
to accept it,
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Section 15.33. Prohibiting Di•tribuJion of Handbills Where
Properly Poattd. No peraon shall throw, tpoalt or diatribute
any comnercial or non-commercial handbill upon any private premises,
if requested by anyone thereon not to do so, or if there is placed
on aaid pr .. i••• in a conapicuoua poaition near the entrance thereof,
a aign bearing the words1 "Ho Treapaaaing," •so Peddlers or Agents,"
•11o Advtrtiaement,• or any similar notice, indicating in any manner
that the occupant• of said prmnisea do not desire to be molested or
have their right of privacy disturbed, or to have any such handbills
left upon such premises.
&tction 15.34. Diatributing CorPercial •nc! Hon-Conunercial
ean4billa at Inhabited Private Premiaea. Ho person shall throw,
depoait or diatribute any commercial or non-commercial handbill in
or upon private premises which are inhabited, except by handing or
tranamitting any such handbill directly to the owner, occupant, or
other person then present in or upon auch private premises. Pro-
vided, however, that in caae of inhabited private premises which
are not posted, as provided in thi• Ordinance, such person, unless
requeated by anyone upon such premi••• not to do ao, may place
or deposit any auch handbill in or upon such inhabited private
premiaes, if auch handbill is so placed or deposited as to secure
or prevent auch handbill from being blown or drifted about such
premises or s i dewalks, streets, or other public places, and except
that mailboxes ma y not be so used when ao prohibited by Federal postal
law or requlati ons.
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(a) Exemption for Mail ao4 Mew1paper1. The
provi1iona of thia Section ahall not apply to the dis-
tribution of mail by the United Stat••, nor to news-
paper• (aa defined herein) except that newspapers shall
be placed on private property in auch a manner as to
prevent their being carried or deposited by the ele-
ments upon any street, sidewalk or other public place
or upon private property.
Section 1 5 .35. Dropping Litter from Aircraft. No person
in an aircraft shall throw out, drop or deposit within the City
any litter. handbill or any other object.
11••••111111111· n•s.t.rw b 5 WI bShil>l.594· llo peraon ,.,..s !It< J I
shall post or affix any notice, poster or other paper or evice,
ca1cu1ated to attract the attention of the public. to any lamp
po•t. pub1ic uti1ity po1e or shade tree. or upon any pub1ic
atructure or buildin9, except as may be authorized or required
by law.
Section 15.37. 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 authorized private receptacles for collection in
such a manner that litter will be prevented from being carried
or deposited by the elements upon any street, sidewalk or other
public place or upon any private property.
Section 1 5 .38. OWner to Maintain Premises Free of Litter.
The owner or person in control of any private property shall
at all t i mes -naintain the premi1ea free of litter. Provided.
however, that this Section 1hall not prohibit the storage of
litter in authorized private receptacle• for collection.
Section 1 5 .39 . Litter on yacant J,ots. No person shall
throw or deposit litter on any open or vacant private property
within the City whether owned by such person or not.
S.ction 15.40. Clearing of Litter from Open Private
PtOptrty by City.
(a) Notice to Remove. The Building Inspector is
hereby authorized and empowered to notify the owner
of any open or vacant private property within the City
or the agent of such owner to properly dispose of
litter located on such owne~'• property which is
dangerous to public health, 1afety or welfare. Such
notice shall be by Certified Mail, addressed to
said owner at his last known address.
(b) Action Upon Non-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 thirty (30) days
after receipt of written notice provided for in sub-
section (a) above, or within (30) days after the date
of 1uch notice in the event the same ia returned to
the City Poat Office Department because of its inability
to make delivery thereof, provided the aama was properly
addre11ed to the laat known addr••• of auch owner, or
agent, the Building In1pector it hereby authorized and
empowered to pay for the disposing of such litter or
to order it• di1poaal by the City.
(c) Charge Included in Tix Bill. When the City
hat effected the removal of such dangerous litter or
hat paid for it• removal, the actual coat 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 th• owner of such property. The City may record with
the County Clerk and Recorder of Arapahoe County. Colorado.
a certificate of the indebtedneaa due under this section of
the ordinance, which shall be and constitute a lien against
the real property of the owner fram which the litter has
been r91DC>ved, until paid.
S!ction 4. Separability. If any section, subsection, sentence,
clause, phra .. or portion of this Ordinance is for any reason held invalid
or uncon1titutional by any court of competent jurisdiction, such portion
thall be de...S a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions hereof.
S!c;tion 5 • Ordinances Repealed. All ordinance a and parts of
ordinance• in conflict with the provision• of this Ordinance are hereby
repealed.
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Paaaed on Pirat Reading by the City council of the City of Englewood,
Color.SO, thi• 17th day of December, A. D. 1962, and ordered published in
full in th• lnallWOOd B!r•ld and Bnterpriae.
Paaaed on Pinal Reading by "the City council of the City of Bnglewood,
Color.SO, thi• 7th day of January, A. D. 1963 and ordered published in
full in th• lnqlfWOOd B!rald and Bnterpriae.
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.._~L -~---~~Mayor --
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I. a. o. Beauaang, City Clerk-Treaaurer, City of Bnglewood, County
of Arapahoe, State of COlorado, do hereby certify that the above and
for9CJ0ing ordinance waa introduced, read, paaaed and ordered published
•• a bill in the ftal~ B!rald ao4 1Dt:lpri1e at a regular meeting
of the City Counc 1 he on th• l7th day o Dec.mer, A. D. 1962, and
that at leaat 7 day• after above publication •• a bill the above
ordinance wa1 approved, adopted and ordered publi1hed in 1aid legal
nwtpaper by the City Council at a regular meeting held on the 7th day
of January, A. D. 1963, aa Ordinance Mo. 3, Seri•• of 1963, of said City.
ATTBST1
SBAL
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