ORDINANCE [To Amend City of Prattville Code of Ordinances Chapter 46 – Nuisances, Article I. – In General, Sec. 46-4 and Article III. – Litter, Sec. 46-57.]
BE IT ORDAINED by the City Council of the City of Prattville, that City of Prattville Code of Ordinances is amended as follows:
Article I. – In General
Sec. 46-4. – Keeping garbage and rubbish; inspection by Code Enforcement Officer or designee.
It shall be unlawful for any person in possession, charge or control of any premises to keep, cause to be kept or allow the keeping on any premises of litter, garbage, rubbish, waste, offensive materials or substances or other refuse in such a manner that it will become offensive or deleterious to health or likely to cause disease, and the same is hereby declared a public nuisance. The Code Enforcement Officer or designee is hereby authorized to inspect any premises for the purpose of enforcement of the requirements of this section, and it shall be unlawful for any person to resist or interfere with such representative by word, deed or act in the performance of such inspection.
It shall be an exception to this section as long as materials are stacked neatly off the ground, or if materials are actively being used in an ongoing project for construction, remodeling or rebuilding.
Article III. – Litter
Sec. 46-57. – Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Active construction project means that (i) construction activity is taking place at the premises without any pause, interruption or suspension greater in duration than thirty (30) days, and (ii) the owner, owner of record, or a duly authorized agent, servant, assign, employee or contractor acting or providing services on behalf thereof, is on-site at a premises that is under construction, actively engaged in construction, maintenance, demolition, or related administrative activity, without any pause, interruption or suspension greater in duration than fifteen (15) days.
Authorized private receptacle means a litter storage and collection receptacle as required and authorized in the ordinances of the City.
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:
(1) Which advertises for sale any merchandise, product, commodity, or thing;
(2) 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;
(3) 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; or
(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.
Garbage means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
Handbill means a commercial or noncommercial handbill as defined in this section.
Litter means garbage, refuse, and rubbish as defined herein and all other waste material that, 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 United States postal service 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 published with not less than four 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 copies 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 any private use, as opposed to a public place, 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.
Public place means any street, sidewalk, boulevard, alley or other public way or any public park, square, space, ground, or building.
Refuse means all putrescible and nonputrescible 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 consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, pipe, metal, plastic, rubber, construction materials and similar materials.
Vehicle means any 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.
THIS Ordinance shall become effective upon its passage and execution as provided by law.
ADOPTED THIS 8TH DAY OF AUGUST, 2023.
Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 8TH DAY OF AUGUST, 2023.
Paula G. Barlow
City Clerk
APPROVED:
Bill Gillespie, Jr.
Mayor
ORDINANCE BOOK 2023, PAGE 015
