An Ordinance Development Tool

Some local ordinances have wording that requires property owners or occupants to clean up litter on their property, and even adjacent property, or to provide litter receptacles at specific locations on or near their property. In some cases, simply ensuring that cigarette butts are explicitly included in the definition of litter might clarify that these requirements do indeed apply to cigarette butt litter.

In this Section are several examples of how cigarette butts and other tobacco-related litter items are specifically included in the definition of litter. Mobile, Alabama even defines cigarette litter receptacles in its definitions. Wichita, Kansas takes a slightly different approach, referring to “waste matter” in its definition of littering and then including “a lighted or nonlighted cigarette, cigar, match ….” in a definition of “waste matter”.

EXAMPLES KAB’S MODEL ILLEGAL DUMPING AND LITTER CONTROL ORDINANCE [2] SECTION 5. DEFINITIONS.

I. Litter. All garbage and rubbish, loosely strewn, uncollected, unpackaged, and uncontained which includes but is not limited to paper, bottles, cans, glass, crockery, plastic, rubber, waste building materials, disposable packages, cigarette butts and other tobacco products, gum and containers

MOBILE, ALABAMA Chapter 25 – GARBAGE, LITTER, AND LOT MAINTENANCE

ARTICLE II. LITTER

Sec. 25-31. – Definitions.

Litter is any garbage, refuse, noncontainerized man-made solid waste, including but not limited to paper, plastic, diapers, cigarette butts, bottles, cans, glass, crockery, scrap metal, construction materials, rubbish, disposable packages or containers.

Cigarette litter receptacle is a container for the disposal of cigarette litter including cigarettes and cigarette butts.

NEW BRUNSWICK, NEW JERSEY Title 8 – HEALTH AND SAFETY

Chapter 8.40 SOLID WASTE COLLECTION AND DISPOSAL

Section 8.40.020- Definitions

“Litter” refers to and includes any used or unconsumed substance or waste material which has been discarded whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof including, but not limited to, any bottle, jar or can, or any top, cap, or detachable tab of any bottle, jar, or can, any unlighted cigarette, cigar, match or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material.

WICHITA, KANSAS CHAPTER 5.44 – LITTERING

Section 5.44.010- Definitions

‘Littering’ means the willful, reckless, or negligent throwing, dropping, placing, depositing, or sweeping, or causing any such acts, of any waste matter on land or water in other than appropriate storage containers or areas designated for such purposes. (e) ‘Waste matter’ means discarded, used, or leftover substance including, but not limited to, a lighted or nonlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, rubbish, container, packaging or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person or create a traffic hazard.

Section 5.44.050. – Littering prohibited.

(c) As used in this section, “litter” means the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers, magazines, cigarettes, and cigarette butts in a place other than a place or container for the proper disposal thereof, and including waste matter which escapes or is allowed to escape from a container, receptacle, or package.

Many local ordinances have provisions requiring property owners or occupants to maintain their own property and keep it free of litter. If the definition of litter includes cigarette butts, this is one place to require property owners and occupants to abate cigarette butt litter near a transition point on their property. Some of the local ordinances below, including Montgomery’s and Oklahoma City’s, even refer to adjacent property, especially the adjacent public right-of-way, when identifying what the property an owner or occupant is responsible for maintaining.

EXAMPLES KAB’S MODEL ILLEGAL DUMPING AND LITTER CONTROL ORDINANCE ARTICLE II: CONTAINERIZATION, CONTROL AND TRANSPORT OF SOLID WASTE

SECTION 1 – CONTAINERIZATION OF LITTER AND SOLID WASTES IN RECEPTACLES FOR GARBAGE COLLECTION

C. It shall be the responsibility of each person to keep his or her own property clean and free of garbage and any resulting litter. Any non-contained and uncontrolled accumulation of garbage on any public or private property is a violation of this ordinance.

MONTGOMERY, ALABAMA Chapter 12 – ENVIRONMENT

ARTICLE II. NUISANCES

Sec. 12-37. – Litter, trash and junk.

It shall be unlawful and is declared a nuisance for any owner, occupant, lessee or person in control of any property within the city to allow the accumulation of litter, trash, junk or, if related to construction activity, mud. Said property shall include, but not be limited to, sidewalks, city right-of-way strips, alleys, parking lots, driveways, grounds, fences, walls, property lines, privately owned storm drains, and vacant lots within the city.

OKLAHOMA CITY, OKLAHOMA Chapter 27 – LITTER

Section 27-5. – Allowing dirt or rubbish to wash or blow onto public property

No owner, occupant or agent of any land abutting upon any public property shall allow the earth, or any rubbish from the land, to fall, or wash, upon any part of the public property. Section 27-11. – Duty of maintenance of private property

No person owning, leasing, occupying or having charge of any premises shall maintain or keep any junk, trash, or similar material thereon; nor shall such person allow the accumulation of said material, notwithstanding such person did not permit said accumulation; nor shall any such person keep or maintain such premises in a manner causing substantial diminution in the value of the other property in the neighborhood in which such premises are located. FREMONT, CALIFORNIA Title 8 HEALTH AND SAFETY

Chapter 8-25 WEED AND WASTE ABATEMENT

8.25.030 Duty of owner to keep premises clean.

It shall be the duty of the property owner, agent, lessee or other person occupying or having charge or control of any parcel of land, improved or unimproved, to keep such parcel of land free from all nuisances thereon, including, but not limited to, grass, weeds, tin cans, rubbish, refuse and waste material of any kind, and other insanitary substances or objects which may endanger or injure neighboring property or the health, safety or welfare, or be offensive to the senses, of the residents of the vicinity of such property.

Some local ordinances go even further to have specific provisions in their ordinance that requires property owners and occupants to maintain and keep free of litter property adjacent to their own. In some, but not all cases, this requirement is specific to the right-of-way or public property. If the definition of litter includes cigarette butts, this is one place to require property owners and other responsible parties to abate cigarette butt litter at a transition point on property adjacent to theirs.

EXAMPLES KAB’S MODEL ILLEGAL DUMPING AND LITTER CONTROL ORDINANCE ARTICLE II: CONTAINERIZATION, CONTROL AND TRANSPORT OF SOLID WASTE

SECTION 1 – CONTAINERIZATION OF LITTER AND SOLID WASTES IN RECEPTACLES FOR GARBAGE COLLECTION

D. Persons owning or occupying property shall keep right-of-way areas in front of their premises (and behind, if alleys are present) free of solid waste of all types.

ARTICLE III: PREVENTION OF LITTERING

SECTION 1 – LITTERING PROHIBITED

H. It is the duty of the owner, lessee, tenant, occupant, or person in charge, to keep and cause to be kept the sidewalk and gutter areas (twenty four inches from curb into street) free from obstruction or nuisances of every kind, and to keep sidewalks, gutter areas, archways, backyards, courts and alleys free from litter and other offensive materials

NEWNAN, GEORGIA Chapter 17 – SOLID WASTE

ARTICLE V. LITTERING

Sec. 17-87. – Duty of owners and occupants.

(c) Adjacent and surrounding areas. It shall be the responsibility of each proprietor and each operator of any business, industry, or institution to keep the adjacent and surrounding areas free of litter. These areas include, but are not limited to public and private sidewalks, roads, and alleys; grounds; parking lots; loading and unloading areas; and all vacant lots that are owned or leased by such establishment or institution. Removal of any litter shall be performed in accordance with this chapter.

NEW BRUNSWICK, NEW JERSEY Title 8 – HEALTH AND SAFETY

Chapter 8.40 – SOLID WASTE COLLECTION AND DISPOSAL

8.40.080 – Sidewalk upkeep—Property upkeep.

A. It is the duty of persons owning or occupying property, including tenants, lessees, occupants, or persons in charge, to keep the sidewalk and gutter areas (twenty-four (24) inches from curb into street) in front of their premises free of litter. This section includes residential tenants as well as commercial and industrial establishments.

8.40.140 Clean communities program

6. Commercial and Industrial Establishments and Residences. It is the duty of the owner, lessee, tenant, occupant, or person in charge, to keep and cause to be kept the sidewalk and gutter areas (twenty-four (24) inches from curb into street) free from obstruction or nuisances of every kind, and to keep sidewalks, gutter areas, archways, backyards, courts and alleys free from litter and other offensive materials.

FREMONT, CALIFORNIA Title 8 HEALTH AND SAFETY

Chapter 8-25 WEED AND WASTE ABATEMENT

8.25.020 Duty of owner to remove weeds and waste.

It shall be the duty of the property owner of land improved or unimproved to immediately remove, upon notice by the enforcement officer, any nuisance from the public right-of-way abutting or adjoining such parcel of land, including but not limited to all grass, weeds, dead trees, tin cans, rubbish, refuse, and waste material or other insanitary or dangerous substances or objects.

Title 15 BUILDINGS AND CONSTRUCTION

Chapter 15-45 FREMONT PROPERTY MAINTENANCE CODE

15.45.160 Amendment of 2018 IPMC Section 302 (Exterior Property Areas).

302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in proper state of repair, and maintained free from hazardous conditions. The owner or owner’s authorized agent of any building, lot or premises within the city shall maintain the sidewalks and/or walkways located upon such premises that are accessible to the general public and the public sidewalks between such premises and any adjacent public street or alley in a clean, safe sanitary, and in a proper state of repair, free from hazardous conditions. Maintenance shall include the removal and proper disposal of any unsightly or unsanitary conditions such as accumulations of garbage, refuse, rubbish, litter, dirt, gum or other sticky substances or items which have been dropped or spilled upon the sidewalks.

In addition to requiring property owners and occupants to maintain adjacent property, some ordinances explicitly prohibit them from causing litter to be moved from their property onto adjacent property. In some, but not all cases, this requirement is specific to the right-of-way or public property and may be included in local ordinances addressing stormwater management, for example, in the ordinance from Fremont, California.

EXAMPLES KAB’S MODEL ILLEGAL DUMPING AND LITTER CONTROL ORDINANCE ARTICLE III: PREVENTION OF LITTERING

SECTION 1 – LITTERING PROHIBITED

B. It is unlawful for any person to sweep into or deposit in any gutter, street or other public place within the [jurisdiction] the accumulation of litter or yard waste from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks, entrance walks, parking lots and parking areas in front of or upon their premises free of litter.

MOBILE, ALABAMA Chapter 25 – GARBAGE, LITTER, AND LOT MAINTENANCE ARTICLE II. LITTER

Sec. 25-39. – Sweeping litter into street.

It shall be a violation of this article to blow, sweep, or push litter, junk, or trash, including yard clippings, leaves, grass, or cigarette butts, onto the city streets, alleys, stormwater structures, ditches, or waterways. All litter and trash shall be deposited into a garbage cart, garbage can, bag, or box, cigarette litter receptacle or litter receptacle tightly covered and secured to prevent scattering before pickup.

FREMONT, CALIFORNIA Title 18 – PLANNING AND ZONING

Chapter 18.210 STORMWATER MANAGEMENT AND DISCHARGE CONTROL

18.210.070 Discharge Prohibition

g) Littering. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, organic debris, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the city, so that the same might be or become a pollutant, except in refuse containers or in lawfully established waste disposal facilities. The occupant or tenant, or, in the absence of occupant or tenant, the owner, lessee, or proprietor, of any real property in the city of Fremont in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property as required for the disposal of garbage. No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the city.

LEXINGTON, KENTUCKY Chapter 17 – STREETS AND SIDEWALKS ARTICLE I – IN GENERAL

Sec. 17-32. – Sweepings or vegetable matter on streets; burning leaves, etc.

It shall be unlawful for any person, or any employee thereof, to sweep or deposit, or cause to be swept or deposited, upon any public street, sidewalk or other public place in the urban county, any paper, scraps, house or store sweepings, garbage, meats, melons, fruits or vegetable matter of any kind or any other trash or matter which may tend to clog up the gutters or dirty the streets, sidewalks and public places; SHREVEPORT, LOUISIANA Chapter 58 – Nuisances, ARTICLE IV – LITTER

Sec. 58-135. – 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 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 shall keep all premises, including sidewalks, service alleys and parking areas of their business free of litter.

Because the availability of ash receptacles at or near a transition point appears to reduce the incidence of cigarette butt litter, another ordinance that could abate cigarette butt litter is one that requires ash receptacles at transition points.

Although examples of ordinances requiring property owners to provide ash receptacles at transition points specifically are uncommon (Mobile, Alabama’s ordinance is one example), related ordinances that are more common may provide an opportunity to add this type of requirement. This includes ordinances that require property owners and occupants to provide litter receptacles generally, like the examples provided for Newnan and Montgomery. The requirement for supplying ash receptacles at transition points also could be integrated into a no smoking ordinance where property owners and occupants are required to post signage at transition points into no smoking areas as in the examples provided for Dekalb County, Mill Valley, and Fremont.

When requiring the placement of ash receptacles, it is also important to specify the requirement for emptying and maintaining of these receptacles so that the receptacles themselves do not contribute to cigarette butt litter. Examples of ordinances that require maintenance and emptying of litter receptacles are Newnan and Mobile.

EXAMPLES REQUIRING LITTER RECEPTACLES MOBILE, ALABAMA Chapter 25 – GARBAGE, LITTER, AND LOT MAINTENANCE ARTICLE II. LITTER

Sec. 25-42. – Litter receptacles.

(b) Every owner or occupant of commercial premises shall, at his own expense, provide, place and regularly maintain litter receptacles, including cigarette litter receptacles, at entrances, employee smoking areas and common pedestrian transition points, adequate to contain litter generated at those premises; provided, however, that this section does not apply to the downtown development district.

NEWNAN, GEORGIA Chapter 17 – SOLID WASTE ARTICLE

V. LITTERING

Sec. 17-86. – Litter receptacles at places frequented by the public.

a) Receptacles required. Every owner, occupant, tenant, or lessee in control of any property that is held out to the public as a place for assemblage, for the transaction of business or recreation, or as a public way shall provide adequate receptacles of sufficient number and size to contain all litter generated by those persons frequenting that public place. The owner, occupant, tenant, or lessee in control of any property shall determine the number and size of the receptacles, except that no less than one receptacle shall be placed at each site. Receptacles shall be no less than ten gallons in capacity and clearly marked and designed to prevent the escape of litter and waste. Any person owning or in control of any property at which receptacles are required by this chapter shall at his or her own expense be responsible for the placement, and maintenance of such receptacles as required by this chapter.

EXAMPLES OF MAINTENANCE REQUIREMENTS NEWNAN, GEORGIA Chapter 17 – SOLID WASTE ARTICLE

V. LITTERING

Sec. 17-86. – Litter receptacles at places frequented by the public.

(b) Periodic emptying of receptacles. All litter and solid waste shall be removed from receptacles as necessary, but not less frequently than weekly, and all receptacles shall be maintained in a sanitary and serviceable condition.

MOBILE, ALABAMA Chapter 25 – GARBAGE, LITTER, AND LOT MAINTENANCE ARTICLE II. LITTER

Sec. 25-42. – Litter receptacles.

(c) Litter receptacles on any premises shall meet the following minimum standards:

(1) Constructed of such quality as to maintain the receptacle’s original shape when kept in an outdoor location and reasonably resistant to rust and corrosion.

(2) Constructed and designed or covered in such a manner as to prevent or preclude litter from escaping from the receptacle.

(3) Serviced with such frequency as necessary to prevent spillage from overflow and to prevent offensive odor.

EXAMPLES REQUIRING SIGNAGE NEAR TRANSITION POINTS DEKALB COUNTY, GEORGIA ARTICLE VI. – OFFENSES AGAINST PUBLIC HEALTH

Division 2. – Clean Indoor Air

Sec. 16-108. – Posting of signs and notification.

At every entrance to every place where smoking is prohibited by this division, “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted by the owner, operator, manager, employer or other person having control of such building or area.(b)In every area where smoking is prohibited by this division, all ashtrays shall be removed by the owner, operator, manager, employer or other person having control of the area. FREMONT CALIFORNIA Title 8 HEALTH AND SAFETY

Chapter 8.55 SMOKING

8.55.090 Posting of signs.

(a) “No Smoking” signs, with letters of not less than one inch in height, or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it), or the same information in another format approved by the city manager, shall be clearly, sufficiently and conspicuously posted outside every building or other place where smoking is prohibited by this chapter, including outdoor areas, by the owner, operator, manager or other person having control of such building or other parts.

(b) “No Smoking within 25 feet” signs shall be conspicuously posted at every entrance or exit to any building where smoking is prohibited.

(c) The city may, but is not obligated to, prepare and make publicly available signage called for by this chapter and may, but is not obligated to, post signs on city maintained sidewalks and other outdoor areas where smoking is prohibited under this chapter. The city manager shall have discretion to determine when to post signs.