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ORDINANCE NO. ~ ~3
AN ORDINANCE PROHIBITING THE THROWING OR DEPOSITING OF LITTER
IN PUBLIC PLACES IN THE CITY OF WEST MEMPHIS; REGULATING THE DIS-
TRIBUTION OF COMMERCIAL AND NON-COMMERCIAL HANDBILLS; CONTROLLING
THE DEPOSITING OF LITTER ON PRIVATE PREMISES; PROVIDING A LIEN
FOR CITY CLEARANCE AND PRESCRIBING PENALTIES FOR THE VIOLATION OF
ITS PROVISIONS.
BE IT ORDAINED,by the City Council of West Memphis, Arkansas:
Section 1. This Ordinance shall be known and cited as the
"West Memphis Anti-Litter Ordinance".
Section 2. For the purpose of this ordinance the following terms,
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phrases, words and their derivations shall have the meaning given
herein. When not inconsistent with the context words used in the
present tense include 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 always mandatory
and not merely directory.
(1) "Aircraft" is any contrivance now known or hereafter
invented, used and designed for navigation or for flying in the air.
The word "aircraft" shall include helicopters and lighter-than-air
dirigibles and balloons.
(2j "City" is the City of West Memphis, Arkansas.
(3) "Commercial Handbill" is any printed or written matter,
any sample or device, dodger, circular, leaflet, pamphlet, paper,
booklet or any other printed or other reproduced originals or copies
of any matter of literature:
(a) Which advertises for sale any merchandise, product,
commodity, or thing; or
(12) Which directs attention to any business or mercan-
tile or commercial establishment, or other activity,
,,. for the purpose of either directly or indirectly
promo~,irx~`the interest thereof by sales; or
(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 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;
(d) Which, while containing reading math
advertising matter, is predominantly
an advertisement, and i~ distributed
for advertising purposes, or for the
and gain of any person so engaged as
.distributor.
~r other than
and essentially
or circulated
private benefit
advertiser or
(4) "Garbage" is putrescible animal and vegetable wastes
resulting from the handling, preparation, cooking and consumption of
food.
(5 ) "'Litter" is "garbage, " "refuse, " and "rubbish" as de-
fined herein and all other waste material which, if thrown or de-
posited as herein prohibited, tends to create a danger to public
health, safety and welfare.
(6) "Newspaper" is 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, shall
mean and include any periodical or current magazine regularly pub-
lished with not less than four issues per year, and sold to the public.
(7) "Non-Commercial Handbill" is any printed or written matter,
any sample, or device, dodger, circular, leaflet, printed or otherwise
reproduced originals or copies of any matter of literature not included
in the aforesaid definitions of a commercial handbill or newspaper.
(8) "Park" is a park, reservation, playground, recreation
center or any other public area in the City, owned or used by the
City and devoted to active or passive recreation.
(9) "Person" is any person, firm, partnership, association,
corporation, company or organization or any kind.
(10) "Private Premises" is 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 shall include 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, sidewalk, boule-
yards, alleys or other public ways and any and all public parks,
squares, spaces, grounds, and buildings.
(12) "Refuse" is all putrescible and nonputrescible solid
wastes (except body waste), including garbage, rubbish, ashes,
street cleanings, dead animals, abandoned automobiles, and solid
market and industrial wastes.
(13) "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.
(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 3. 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 recep-
tacles for collection, or in official City dumps.
Section 4. PLACEMENT OF LITTER IN RECEPTACLES SO AS TO PREVENT
SCATTERING. Persons placing litter in public receptacles or in autho-
rized 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 5. SWEEPING LITTER INTO GUTTERS PROHIBITED. No person 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 fram 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 b. MERCHANTS' DUTY TO KEEP SIDEWALKS FREE OF LITTER. No
person owning or occupying a place of business 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 owning or occupying places
of business within the City shall keep the sidewalks in front of their
business premises free of litter.
Section 7. 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 pro-
perty.
Section 8. 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 area.
Section 9. LITTER IN PARKS. No person shall throw or deposit litter
in any park within the City except in Public receptacles 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 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 responsible
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for its presence and properly disposed of elsewhere as provided herein.
Section 10. THROWING OR DISTRIBUTING COMMERCIAL HANDBILLS IN PUBLIC
PLACES. No person shall throw or deposit any commercial or non-
commercial handbill in or upon any sidewalk, street or other public
place within the City. Nor shall any person hand out or distribute
or sell any commercial handbill in any public place. Provided, 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 distribute,
without charge to the receiver thereof, any non-commercial handbill
to any person willing to accept it.
Section 11. PLACING COMMERCIAL AND NON-COMMERCIAL HANDBILLS ON
VEHICLES. No person shall throw or deposit any commercial or non-
commercial handbill in or upon any vehicle. Provided, 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-
commercial handbill to any occupant of a vehicle who is willing to
accept it.
Section 12. DEPOSITING COMMERCIAL AND NON-COMMERCIAL HANDBILLS ON
UNINHABITED OR VACANT PREMISES. No person shall throw or deposit any
commercial or non-commercial handbill in or upon any private premises
which are temporarily or continuously uninhabited or vacant.
Section 13. PROHIBITING DISTRIBUTION OF HANDBILLS WHERE PROPERLY
POSTED. No person shall throw, deposit or distribute any commercial
or non-commercial handbill upon any private premises, if rer~uested by
anyone thereon not to do so, or if there is placed on said premises in
a conspicuous position near the entrance thereof, a sign bearing the
words: "No Trespassing," "No Peddlers or Agents," "No Advertisement,"
of any similar notice, indicating 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. DISTRIBUTING COMMERCIAL AND NON-COMMERCIAL HANDBILLS
AT INHABITED PRIVATE PREMISES. No person shall throw, deposit or
distribute any commercial 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 premise. Provided, however,
that in case of inhabited private premises which are not posted,
as provided in this Ordinance, such person, unless requested by
anyone upon such premises not to do so, may place or deposit any
such handbill in or upon such inhabited private premises, if such
handbill is so placed or deposited as to secure or prevent such
handbill from being blown or drifted about such premises or sidewalks,
streets, or other public places, and except that mailboxes may not
be so used when so prohibited by Federal Postal law or regulations.
(a) Exemption for Mail and Newspapers. The provisions
of this Section shall not apply to the distribution
of mail by the United States, nor to newspapers (as
defined herein) except that newspapers 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 private property.
Section 15. 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.
Section 1b. POSTING NOTICES PROHIBITED. No person shall post or
affix any notice, poster or other paper or device, calculated to attract
the attention of the public, to any lamp post, public utility pole
or shade tree, or upon any public structure or building, except as
may be authorized or required by law.
Section 17. 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 18. OWNER TO MAINTAIN PREMISES 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 19. LITTER ON VACANT LOTS. No person shall throw or deposit
litter on any open or vacant private property within the City whether
awned b y such person or not.
Section 20. CLEARING OF LITTER FROM OPEN PRIVATE PROPERTY BY CITY.
(a) NOTICE To REMOVE The City Engineer is hereby authorized
and empowered to notify the owner of any open or vacant private pro-
petty within the City or the agent of such owner to properly dispose
of litter located on such owner's property which is dangerous to
public health, safety 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, neg-
lect 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-sect~n n (a) above, or within twenty (20) days after the date
of such notice in the event the same is returned to the City Post
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 Engineer is hereby authorized and
empowered to pay for the disposing of such litter or to order its
disposal by the City.
(cj CHARGE ASSESSMENT TO OZe1NER OF PROPERTY. When the City
has effected 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 of such property. Said charge shall constitute a lien
against said property and said lien shall be forwarded to the
proper officials in order to constitute a valid lien.
(d) RECORDED STATEMENT CONSTITUTES LIEN. Where the full
amount due the City is not paid by such owner within sixty (60)
days after the disposal of such litter, as provided for in subsections
(a) and (b) above, then and in that case, the City Engineer shall cause
to be recorded in the office of the Circuit Clerk of Crittenden
County, Arkansas, a sworn statement showing the cost and expense
incurred for the work, the date the work was done and the location
of the property to which said work was done. The recordation of
such sworn statement shall constitute a lien and privilege on the
property, and shall remain in full force and effect for the amount
due in principal and interest, plus costs of court, if any, for col-
lection, until final payment has been made. Said costs and expenses
shall be collected in the manner fixed by law. 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 been done properly and satisfactorily, and shall
be full notice to every person concerned th# the amount of the state-
meat, plus interest, constitutes a charge against the property
designated or described in the statement and that the same is due
and collectible as provided by law.
Section 21. PENAI1rIES Any person violating any of the provisions
or this Ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in an amount not exceeding Twenty-
five Dollars (525.00). Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall
be punishable as such hereunder.
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Section 22. SEPARABILITY If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining portfr~ns
hereof.
Section 23. ORDINANCES REPEALED. All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
Section 24. This ordinance being necessary for the safety and welfare
of the inhabitants of the City of West Memphis, an emergency is
declared to exist and this ordinance shall be in full force and effect
after its passage.
Passed this M~~day of , 1960.
APPROVED:
ATTEST ;- -~'~
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CITY CLERK
CERTIFICATE
I, the undersigned, City Clerk of the City of West Memphis.
Arkansas, hereby certify the foregoing to be a true and correct copy
of an ordinance passed by the City Council at a duly called and
constituted meeting at which more than two-thirds of the total number
of Councilmen-elect were present and voted for the ordinance.
CER FIED under my hand and seal of said City this
day of , 960.
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CITY CLERK
(Seal)