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1961-03O~ZDINANCE No. 3,06 C13i11 No. 1961-3) AN ORDINANCE Pti0HIT3ITING Tl-IE 1 ~ItOC`1II~TG ~i, DEPOSIT-~ ING OF LITTER IN PL'L-••LIC PLACES IN `PrIE VI.1.~i~AGE OF RICHFIELD; REGULATING T1-i~E DIST~~IBUTIOI`T OF COMMER- CIAL AND NO1~I-CONi~~ERCIAL HANDBILLS; COI?1TROLLING - Ti~E DEPOSITING OF LITTER ON PZIVATE PttEAISES; PROVIDING A LIEN FOR VILLAGE CLEA~MANGE; AID PRE- SCRIBING PENALTIES FOR THE VIOLATION OF ITS PRO- VISIONS. THE VILLAGE COUNCIL OF THE VILLAGE OF RICHFIELD DO ORDAIN AS FOLL01~'Ss Section 1. Title. This ordinance shall be known and may be cited as the f'Richfi~ld Anti-Litter Ordinance.rr Section 2. Definitions. For the purposes of this ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. :;hen 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 ward p~shallef is always triandatory and not merely directory. A. T~Aireraft'~ is any contrivance not~r known or hereafter invented, used or designated for navigation or for flight in the air. 'lie word "arcraf tit shall include helicopters and lighter-than-air dirigibles and balloons. B. "Authorized private receptacleg~ is a litter storage and collec- tion receptacle as required and authorized in the garbage collection ordinance. C. irVzllagepp is the Village of Richfield. D. gpCommercial Handbillp~ is any printed or ~rri~~ten matter, any sample or device, dodger, circular, leaflet, par~lphlet,' paper booklet, or any other printed or otherwise reproduced original or copses of any matter of literature: (1) ~Jhich advertises for sale any merchandise, produce' ~~ commody~ or thin~~ ©~r (2) Zahich directs attention to any business -or rilercalltlle or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or (3} t~Thich directs attention to or adve~°tises an.y meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit9 but the terms of this clause shall not apply ~~Jhere an admission fee is charged or a collection is taken up for the Ordinance I~To. 9.Ob continued. (2) ' purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any bind, 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 hold~_ng, giving or taking place of any meeting, theatrical performance, exhibition, or. e~Tent of any kind, without a license, ~,rhere such license is or may be required by any law of this State, or under any ordin- ance of this Village; or (4) Z~lhich, while containing reading mater' other than advertising matter, is predominantly and essentially an adver- tisercient, and is distributed or circulated for advertising pur- poses, 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. YPl.itter" is "garbageit, i1refuse'0, and "rubbish'' as defined herein and all other waste material which, if thrown or deposited as .herein prohibited, tends to create a danger to public health, safety and welf are . G, 1tNewspaper" is any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post i?ffice Depart- ment of the United States, in accordance with Federal statute or regu- lation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and .~~~c include any periodical or current magazine regularly published with not less than _f our issues per year, and sold to the pLlb1_ic. H. tPNon-Commercial Handbill" is any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, _~~.~~ ~-~'~ ~ '~ 9 newspaper, magazine, paper, booklet, or any other printed or ctherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper. I. ''Park" is a park, reservation, playground, beach, recreation center or any other public area in the Village, ottiTned or used by the Village and devoted to active or passive recreation. 3. "Person" is any person, firm, partnership, association, cor- poration; company or organization of any kind. K, '~I'rivate t'remises" is any dwelling, house, building, or other structure, designed or used either wholly or in part for private resi- dential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, ~,ralk, drive- way, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure. Ordinance I~?o. 9.06 Continued. (3~ L. ~fPublic Placetr is any and all streets, s~.dewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings. M. ptRefuse11 is all putrescible and nonputrescible solid `aastes (except body wastes), including garbage, rubbish, trash, ashes, street cleanings, dead animals, junk, abandoned automobiles, and solid market and industrial wastes. N. T1Rubbishif is nonputrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, wood, glass, bedding, crockery and similar materials. 0. 'rVehiclef~ 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 hitter in or upon any street, sidewalk or other public place within the Village except in public receptacles, in authorized private receptacles for collection. Section 4. .Placement of Litter in Recemt Scattering. Persons placing litter in public authorized private receptacles shall do so in prevent it f ram being carried or deposited by street, sidewalk or other public place or upon les so as to Prevent receptacles or in such a manner as to the elements upon any private property. Section 5. Sweeping Litter Into Gutters Prohibited, No person shall sweep into or deposit in any gutter, street or otrier public place within the Village the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons 'owning or occupying property shall keep the sidewalk i.n front of their premixes free of litter. Section 6. Merchants' Duty to Deep 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 ~,aithin the Village the acc'.amulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons ocaning or occupying places of business within the Village shall keep the sidewalk in front of their business premises free of litter. Section 7. Litter Thrown by Persons in Vehicles. ItTO person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place ~,~ithin the Village or capon private property. Section 8. Truck Loads Causing Litter. No person shall drive or move any truck or other vehicle within the Village unless such vehicle is equipped t~ith covers or is so constructed or loaded as to prevent Ordinance Ito. 9.OF~ Continued. (5) premises t,~hich are inhabited, except by handing ox~ transmitting any such handbill directly to the owner, occupant, or ot~ier person then present in or upon such private premises. Provided, however, that in case of inhabited private premises vrhich are not posted, as pro- vided in -this Ordinance, such person, unless requested by anyone upon such prerises not to do so, may place or deposit any such hand- bill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbi7.1 from being blown about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used iahen so prohibited by Federal postal law or regulations, and provided further the provisions of this Section shall not apply to tae 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 ele- ments upon any street, sidew~.lk or other public place or upon private property. Section 16. Dropping Litter From Aircraft. Igo person in an aircraft shal3. throw out, drop or deposit within the Village any litter, handbill or any other object. Section 17. 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 18. Litter on Occupied Private Property. No person shall throw or deposit litter on any occupied private property within the Village, whether o<<Tned by such person or not, except that the owner or person is control of pr~.vate property r~~a~° gna3nta.ia thereon private receptacles f®r calle~ti®n is so+~h a. maa~ner that litter twill be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. Section 19. Owner to Maintain Premises Free of Litter, The owner or person in control of any private pror~ertyiahether occupied or vacant, 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 20. Litter ori_Vacant Lots ._ No person shall throw or deposit litter on any open or vacant private property within. the Village t,~hether owned by such person or not. Section 21. .Merchant Equally Liable. Any merchant Yaho advertises his goods, wares, or merchandises by causing sucl_h. advertising material to be thrown or deposited in violation of any of the provisions of this ordinance shall be guilty of violating this ordinance along ti~Tith the person so throwing or depositing same. Ordinance No. 9.06 Continued. (6) Section 22. Nuisance Defined. Lach of the acts he reinbefore forbidden and made a misdemeanor are hereby declared to be a nuisance, and the proper Village officers and employees are hereby authorized and directed to proceed in accordance j~ith Section 145.22, ~[.atirs of Aiinnesota 1959, et seq., in cases where such sections may be applic- able. Section 23. 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 re- maining portions hereof. erection 24. Any person violating the provisions of this ordin- ance shall be guilty of a misdemeanor and u;~on conviction shall be punished by a fine of not more than one hundred dollars or by imprison- ment for not to exceed 90 days. Passed by the Village Council this 8t'1~ day of Tiay, 1961. 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C0.`.. m eoi~g~~~'°~^zt~z l0fla ~. t0.~.°~F~4y r A.`.G ~,~m UZ .a`.' ~.~ ~ C=L O.~NP r~ ?Paw o'=;~pa~C O ~~ 'fv a` 'y~a~ ~'" `x+ C ~T~; ~'f ¢~~ r ~ ro ~ ,,., H ~~ ~~ ~ ~ ~~~~~ ~~ ~Cifi~~~ t1 ~ ~, p ~~MQ. ~,~~~'~ n A ~~~ a,o„~~~y cr ~~~ ~~ M ~.P~ ~ _tD ~' ~ N ~•~~~ ~ d ~ ° .~'_ • o~~roc°a 1~ • ~ro ~~ O is y ro F~ S~. ~ ~r~~;, . a,;•r I,Er..Ar. NoTIr,E AN ORDINA'_VCE I'R HIBI'1`INC.' THE 'rllli:OWYNG ()R DI9I'US- 1311. ~:Oe ~CJs~la.-w 3''.:, I'I`ING Ob` LITTER IN PUBLIC PL11CE5 IN THE VILLAGE OF ' RYCHFIF.LD; ItL+`GULATING THI: DISTRIICUTION OF (70i\9iii'h:"13.- C IAL ?1Nll NON-COr~it1;ERCIAL.:. ,k)~1.NDBII LS; (70~ I II.O.1. I INC T6i l: llEP05'ITING OF LITTER ~'A• ~~TE ["RF, \IISI 5; PIt(/- VI~IIQG A I:IL'liT FUit VILLAGE'- 11tL`E AND PRI:SGICIB- YNG PENALTII!1S N`OR THE VIO O N' I'I`S PltO VISIONS. TH1!: VIT.q~.A~r. COUi\TC'IL OP THE VILLA`GE'OP RICHh`IELD DO OIt- ~ + ~ >_4I'V 1,9• y~it~}L'~OW~ ~ 1 1 SECtibn ~( TitXe Tiirs ordinance shall be known and may be cited~a~t o Pu~heatlon the `Rrc)ff~ld Antr Litter Ordinance". ~~eation 2: Defueiteo~n~. Por• the purposes of this ordinance the Following s, phrases, words, and their derivations shall have the meaning givers rein. bVhen not inconsistent with the context, words used in the pre- NESOTI~1 rt tense include the future, wordsused in bhe plural number include'~NEPjN•SS t e singular number, and wox•ds used in the singular number include the plural number. The words "shall" is always maxidatory and not merely directory, g Y A ("Arrcraft") is auy contrivance now ktown o~r hereafiter invented, ~' L. R, FariingtOri, GUy T. ~'a,rririgtOn, bein dill used or designated for navigation or for f ht in the air. 'Che worn says• that he is, and during all the times herein stated "airc,ral}t" shall include helicopters and lig er-than-err dirigibles and of t11Q 'publishers Of the newspaper known aS The balloons: and has full knowledge of the facts hereinafter F uthorized .Private xece cle" is a litter storage and collection P more than One receptac4as required and autho(1. in they garbage collection ordinance. Year prior t0 the publiCatiOn therein C. "Villa;;e" is the Village of'~i©hfield.' n • D. "Commercial Handbill" is printed or written matter, any..-,-not, 1Ce of 02'Q1ric~.C1C2 1V0 • ~ sample or device, dodger, circular .• flet, - '--"'-"""'-""'-"'-"" - "- -"•'-"- an other hemp et, paper booklet, or 1 said newspaper was published in the Village of Rich- y printed or otherwise re aced original. or copies oP any ~ matter oP liter atux e aunty of Hennepin, State of Minnesota, on Thursday of Ci) ~'irhich advertises fob merchandise, produce, com- t during all said time Said newspaper has been printed xnodS.ty or turn or language from its office of publication within the Vil- `~2) W,hic:h directs attention tr~~` ~y 1>usiness or mercantile or com e'I•Cral establishment, or other activity, for the purpose of d, Hennepin County, Minnesota, from which it is issued eith, directly or indirectly Promotin.:, the interest thereof by sales; i and in newspaper format and in column and sheet o r • k''F ` in s ace to at least 450 runniri inches of sin le col- r'~' 'Which dix•ects attention to or advertises any mcetinb thea.tri- ' p g g eal orrxzanee, exhibition, or event of a.rxy la,xa„ for which an ad- ~s wide; has been issued as aforesaid once each week xni fee is charged for the purpose of private gam or profit; but office established in said place-of publication and em- th ms oP this clause shall not apply where an admission fee is ch~r`g,Qd or a collection is taken up for the pux•pose of defraying; the workmen and the necessary material for preparing expenses incident to snob meeting, theatrical nex•Formance, exhibi- a same; that the press work on that part Of the riewS- tioda _or event of any kind, when either of the same is held, given or t0 local news Of interest to the community it purports to '6s place in connection with the dissemination of information which is not. restricted under the ordinary rules of decency, good °n done in its known office of publication; that during morals, public peace, safety and good order; PROVIDED, that noth- 1 its makeup not less than twenty-five percent Of its in g~ivinin o tak his clause shall be deemed to authorize the hole- lave been devoted t0 local news of interest to the com- g~ p' g place of any meeting, theatrical performance, exhibition, or event oP any kind, without a license, where such lie- -OrtS t0 serve; that during all said time it has not ordinanoer oP thiseV llageedoby any laW of this State, or under any ,ed any other publication, and has not been entirely c4> which, while containing reading matter other than aaver- tents, plate matter and advertisements• has been cir- tising matter, is predominantly and essentially~an advertisement, near its Said place Of pUbliCatiOri t0 the extent of at and. is distributed or circulated for advertising purposes, or for the private benefit and gain of any persogl so engaged as advertiser or red and forty (240) Copies regularly. delivered to pay- distrrbutor. and has entry as second class matter in its local post- E. "Garbage" is putrescible animal azxd vegetable wastes resulting apy of each issue has been filed with the State Histori- m the handling, preparation, cooking aria consuxnption of food. Paul; and that there has been Oll file iri the offices of the F. "Litter" is "garbage^, "refuse^, and "rubbish." as aefinea herein of Hennepin County, Minnesota., the affidavit of a per- all other waste material whim, iP.•~nro~vix ox• aepositea as nereixx Wledge of the facts, Showing the name and location of hibited, tends to create a danger to Plic health, safety and welfare. ~ and the existence Of the COnd1t10riS constituting its G'. "Newspaper" is any newspaper u~ general circulation as defined s a le al news a er. y ^cneral ]aw, an.v newspaper duly er~'ered with the Post Office De- g p p partment of the United States, in accord8ixce with Pedera.l statute or• reg- ulation, and any newspaper filed and corded with any recording of- +' T fiver as provided by general law; and; n addition thereto, shall. mean ~~ al. riot~Ce of ordl:rlanCe- 1Vp Ct~ ........... anc me ude any periodical or current azine regularly published with (was cut from the Columns Of said newspaper, and W2S not less than four issues pex• ,year, and ld Co the public. . x. "Non-commercial Handbill°' is ublished therein in the English language, once each printed or written matter, any sample, or device, dodger, circular, lea t, pamphlet, newspaper, mae;a- zine, paper, booklet, or an,y other printed or otherwise reproduced ox•ig- ; inrrl oxr comes of any matter of literature not included in the aforesaid ----••--••••-• SUCCeSS1Ve Weeks; that it was first so published definitions of a commercial. handbill or newspaper. I. "Park" ~is.a p'~,k, reservation, playground, beach, recreation ceu- ter or any other pulic ax ea in the Villa;; e, owned or used by the h Ori Thu Sday of each Yweek May - "~ ---- 1961; it age and deviated,^Yo active or passive recreation, , o and including the J. "Person" is any person, firm, partnership, association, corpo~ra- tiori, company or organization of any kind. h'. "Private Pr.errxx~~,~'-'es" is any dwelling, house, building, or tither structure, desi.ned` ofa+iised either wholly or in Part for private resi- --•--••••-•-••• day Of .............................................. 1961; an{l t11at aential pnrposes, . wh~.th.er inhabited or temporarily or contirxrionsly 1 a printed copy of the lower case alphabet from A to Z, nr:inh~abited or vaoant;'axxd shall ixxcluae any yard, gronnas, walk, drive- and is hereby acknowledged as being the size and kind way, porch steps, ve~hybule or°. mailp~oa belonging or appurtenant to shah dwenxng, House, hulloing, or other structure the composition and publication of said notice, to-wit: 1 'Public Place is~ny and all streets, sidewalks, boule~ aids, alleys or other public v ays and any and all public parks, squares, spaces, a,bg - klmnOpQrStllVWXyZ •~rowxds, a.nd buildw s. cdef hr 1 opgrstuvwxyz M 'Refuse" is all putrescible anc 'non l>utrescrble solid wastes (except ; body ~~ rstes), including garbage, rw~bish tx rsh, ashes, street cleanings, ~, ~ ~j~~- dead animals, junk, abandoned automobxl,es and solid market and in- ~ .,~„.~~~~di/ ~` ~,:~-,d~i~^~'~_ dustrial wastes. Z. ! _...... N. "Rubbish" is nonputrescible solui wastes consisting of both '~: , cunrbustible and non-combustible wastes such as paPm'. wx-tippings, SW8TI7 t0 ~J'efOre m~e the ...-~.-L~..~~day Of -~±a..lT----:_-.. 1961. o.ig ire es, nardboax•d, tin cans, wood, g1as.,,, bc>.dding~, orockery and slag materials. ~ sim- ~'1j ~ ~~; ~ a (Y ~`Vehiele^ is every devio~ in, upon, or by which -any ncrson ox• :--~-~ ~~-:'~-~"'/%•'~2:-C. ,;6°.••._~ 2- ~ ~ %~` Property: is or mad ba transpox~~d or• drawn upon x- highway, including )`Toter Pnbli ~ Henne iri COtlrit Millll. de~rses used exclusively upon stationary rails or tra<la y , p Ya Section 3. Littc r m I'ubllc 'Plnee~. No person shall thx ow or c eposit litter rn~.'or upon any street, sxtlewal]C!~ox• othex• pniblic phice wrthnr the ! \'illr e .except in public receptacles„ in authorised private reu,Pi:acles 'n expires ................ ..................~... :..::._:............_.. 19._........ Cor collection. - ~ ~ .=i! ~ - Section 4. Placenneeat of. hitter i>el,;,ccDtaclci. So as to Pn•iw•eeeni Sent- ~ ~ -- - '" - - terinyc. Persons placing' litter in public receptacles or in authorized private receptacles shall do so in such a mariner as to Pr°event it from being •ied or deposited by the elements upon any street, sidewalk or other is place or upon Private property. Section- Srveeping~ Litter Into Gutters ~Prohihited. No person shall pinto d~posft in env >~utter, street or other public place within the ge t;"tfiC~umulation of Litter From any building or lot oi° from pink x ~~-~?rivate sidewalk or., driveway. L exsons owning or oc- 6upyrng. rop`ei~y' shall l:ee~p the sidewalk in front o'f their premises i'r ee 01" I ter„r~9. Sect,v Merchants' Ilntl~ ~u Iuep Sideuvnlis h`ree of Letier ATo person 6fd~g or occupying; a ce of bus}y>tess shall sweep rnl.o or deposib.•x~' ny g.utter, street or lrer:.~pu_pp,,~~iec' place within the, Vrlla;ge the ticay)mulata.on of litter fx•om a"tty'buZ~tYi~ng or lot ar from any public of priwd,te sidewalk or driveway, persons 'owning ox occupying Places of+ busiiiess within the Villa;;e shall keep the sidewalk in front oi' their ~liusine~ss premises H•ee of i~ittex°. Section 7. Litter TIu•o',dn by Pe.r~ous in Vehiclce:. No person, while a drives or passenger in a vehicle, shall throw or• deposit. littei° upon any street or other public place within the'Village or upon Private property. Section R- Trnr•Pr 7,nnrA.. Cn nun.,, 7.:+rnr- Nn ,,,.,, ~,.,, ~r,~n .~,-; .,~ ,,.. ~N~a. ,,p..;aa,y s.u~t,er screei or^atper ,Pw.~LC:.place wit;.hin the 'VIII r.~e tl.e acel7muYatt.on of. litter from z3ry~ ~~~1` tl'#~ng or lot or from any public O~f pri~~te sidewalk or drivew9.y. persons wwnin.; or occupyrn:; places oP~ busiYless within ttie Vi1laR'e shall keep the sidew~all: in front oY their tusinees premises Yree of. Litter. Section 7. Litter 77u•own by f'ersonK in 'Y~`cY:iclc.. No person, while a flr°iver or passenger in a vehicle, shall throw or deposit litter upon xny street or other puirl~c Place within the Village oa• uP~on Pri vat:e prop-er CY. Section 8. Traech Loaal~ C:u:nin~ litter. No person. shall drive or move any trucl: or other vehicle within the Villag'a unless such vehicle i.-, equipped with covers or is so constructed or loaded as to prevent any load, contents or litter 'Prom bein;; blown or deposited upon any street, alley or other y.-•ublic place. Nor shall any person drive or move any vehicle or truck within the Village, the wheels or tires of whid2 car°ry onto or deposit in -anv street, alley or other ,public Alaae, mud, dirt, sticky substances, litter ~or foreign matter of any hind. Section 9. Littier inn 3T:ecl:n. No person shall throw or. de'Posit litter in any ParR~ tivithin the Villago ezcepC in public receptacles and in such a manner that the litter will ~be Prevented from being carried or de- 'ted .by, the c emerrts upon any- part of the park or upon any str•ceL ther public 1>lace. Where public receptacles a.re not provided, all litter shall be carried away from the park by the person responsible t~y presence and pioperly disposed of elsewhere as provided herein. Section 10. J,fittcr lu Lake. :sail Y~ouaetaians. No per,-son shall throw eposit litter in any fountain, frond, lake. stream. bay or any other c y of water iu a panic or elsewhere-within Che Village. Section 1l. TLro~rin~ or lli<trilnatiny,• (`omnnerci::i Haan a7 bitl,w sea :t'enhllc i'lucew. No Person s1ia11 throw or deposit any commercial or norl-~com- mercial handbill in or upoxi any public place, nor shall any .person hand out or distribute or sell any coriunercial ]aand~bill in any public place.' Provided, however. that it shall not be unlawful on any sidewalk. street, or other Public place within the Village for a.u,y person tL" hand out or distribute, without charge to -the receiver thereof, any non- comm©rcial handbill to any person willing to accept it. Section 12. O'luariuy;~ QJOnvnereial :anal Nam-Cac nnrnee^eial. 1-YandAai.lhe on 6"elnicln°~. No nerscn shall. throw or deposit any commercial or non- commercial handbill in or upon a.n7r vehicle. Provided, howevex, that it shall not be unlawful in any public Place for a Person i:o hand out or distribute without charge to the r°eoeiver thereof, a non-co~nrmerci~al b,andbill to any occupant of a vehicle who is willing to accept it Section 13. Depoeil~in~~ Carennaeraaal gnat n'O-1-Coun~nerciul. H:andbill.r oex L'ninPoahited or Vuoant Pre:nine;;. No person shall throw or deposit airy commercial or non-commercial handbill in or w{>on any private premises which are temporarily or• continuously uninhabited or vacant. Section 14. ProleiAitln~ Distrlbt:tiun o1' IHuau[prills W6ere• :Properly Posted. No person shall throw, deposit or di'stribu.te any dommerni~al or non-commercial handbill upon any private premises, if requested by anyone ttrereon not t:o do so, or if there is planed on .said apremises. in a conspicuous position near the entrance thereof, a sign bearing the words: "No 'Prespassing", "Nn .T'eddlers or Agents", "No Advertise- nrent°, or any similar notice, .indicating in any manner that the occupants oi' said premises do not desire to be mo,tested or have their right of privacy disturbed, or to have any such handbills left up~os~r such premises. Section lfi. 'I)estribieting' (;onaneereiul :uul von-CorounnerciaJ 13:endleillti at Liluahited. Priautr. Premi:~es.:~ro person shall throw, deposit or distribute any commercial or non-commercial handbill in or upon private ,premises which are inhabited, except by handing' or transmitaing a,ny such hand- bill direotly to the owner, occupant, or other person Chen. present in or upon such private premises. Provided however, iaiat in Case of in- habited private Premises wl~rich are not posted, as Provided in this Ordinance, such. pe"rson, unless requested d~Y tanyone upon such pre- mises not to do so, may place or deposit any such. handbill in or upon sue.h inhabited ur•~ivate premises, if such. handbill is so' Placed or do- posited as to secure or• prevent such handbill from being blown shout such Premises or• sidewalks, streets, or other public Places, and except tat mailboxes m-ay not be so used when so prohibited by federal postal or regulations, and provided further tyre provisions of this Sei;tion 1] not apply to the distribut=or of mail by the United States, nor to ~spapcrs (a~.s def.ined hr_rein) c~cePt that. uc~wsl.~a.pers shall Ore ~pl:r,ced private Pr°operty in such a manner as to prevent their being parried deposited by the elements upon any street, sidewalk or other Public ace or upon private property. Section T(i. J~roplriug Liitrr 1+S•om Aircraft. No person in an •rircraft s1u~11 throw out, drop or deposit ~~~•ith the Village any litter, handbill or any other object. Section Yr. Po~tinA,~ Notice+ Prohilniieal. No person shall post or affix a.ny notice; PostS:r or other paper or device, calculzrted to attract tho attention of the public, to any lamp post, Public r.tt~lit,y pole or shade true, or upon any public structure or Uuilding, exec;pt a may be auth- orized.- or required by law. Sec Lion 1.8, litter on OcCae7nied Px•i ~~::tc i~rulecrtl'• IVo person strap. LMmw or deposit litter on any occulried pr"ivate property within the Village, vvh<rther owned by such Person or not, ezeept that the owner or Person in control of I>rivatc Property ma.v maintain theroori private reueptaclt;s for collection n~r such a ma,nncr that litt<rr will be prevented from being carried or del>osited by the elements upon any street, side- walk or other public Place or upon. any private property: Section l9. Ozseter to .N9'afintuire Pe•cerriNe fi'ace ui' 3,dtter. The oovncr or person in control of any pr°ivate property whetlt<~~r occupied or vacant sh.a.l1 at all tunes maintain the premises frae oi' ]i.tter. Yrovidcd, however, that Chic Section sha.l]. nci: prohibit the storage ~of litter in authorized private receptacles for collection. Section 20. Litter on Vacant Lots. No person shall Chrow or deposit litter on s,nv open or vacant private proper°ty ~R~ithin the Villa ;~e whethel^ owned by such person or no C. Section 21. 10crc1uanC 3';r9nalld 7~i:alilc.~ Any merchant who adve^tises his goods, wares, or merchandises bS' causing such advertising material to be thrown or deposited in viglation of any of the provisiois of this ordinance shall be guilty of violating this ordrnarrce alone 'with the person so throwing or depositing same. Section 22. LAnis:reu~e TDa~fiana°d-. P.rch of the arts ]a or°einbefore !fo,r- bidden and made a misdemeanor are hereby declared to be a nuisa.ncc, wind ChE prPpPr Village officers and enr~Ulopees are hereby authorized and d'u~ected to proceed in accord.a.nce with Section 14f,L`L, l.a,ws ;of Minnesota 1DoP, et seq., in cases inhere such sectimrs may he applicable. Section ?~3, ycnrarahelit~~. Ii' any section, subsection, centenee, clause, phrase or portion oP this Ordinance is for any reason held invalid or' unconstituCionai by a.ny courC or competent jurisdi~:Cion, such Portion shall be deemed a separate, distinct and independent provision and. such huld- ing' shall not aPl'ect the v>zlidity of the remainiu;~ Portions hereo9~. Section 24. Any Person violating the provisions o1' this ordinance 'gall be guilty oP a misdemeanor and u~Pon conviction shall be' punished