HomeMy WebLinkAboutOrd 1998-01 ORDINANCE 98-01
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING THE TOWN CODE,
CHAPTER 10, HEALTH AND SANITATION, ARTICLE 10-2, LITTER;
NUISANCES, SECTION 10-2-1,DEFINITIONS,BY ADDING DEFINITIONS
FOR "NEWSPAPER" AND "COMMERCIAL HANDBILL" AND "NON-
COMMERCIAL HANDBILL."
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AS FOLLOWS:
Section 1. That the Town Code, Chapter 10, Health and Sanitation, Article 10-2, Litter;
nuisances, Section 10-2-1, Definitions, is hereby amended to read as follows:
Section 10-2-1 Definitions
In this article, unless the context otherwise requires:
A. "Aircraft" means any contrivance now known or hereafter invented, used or designed for
navigation or for flight in the air, and includes, but is not limited to, helicopters and lighter-
than-air dirigibles and balloons.
B. "Animal" means any and all types of animals, both domestic and wild, male and female,
singular and plural.
C. "Authorized private receptacle" means a litter storage and collection receptacle as required
and authorized in this article.
D. "COMMERCIAL HANDBILL"MEANS ANY PRINTED OR WRITTEN MATTER, ANY
SAMPLE OR DEVICE, CIRCULAR, LEAFLET, PAMPHLET, PAPER, BOOKLET, OR
ANY OTHER PRINTED, OR OTHERWISE REPRODUCED ORIGINAL OR COPIES
OF ANY MATTER OR LITERATURE:
1. WHICH IS NOT DEFINED AS IN THIS CHAPTER AS EITHER A NEWSPAPER
OR A NON-COMMERCIAL HANDBILL; AND
2. WHICH ADVERTISES FOR SALE ANY MERCHANDISE, PRODUCT,
COMMODITY, OR THING; OR
3. WHICH DIRECTS ATTENTION TO ANY BUSINESS OR MERCANTILE OR
COMMERCIAL ESTABLISHMENT, OR OTHER ACTIVITY, FOR THE
PURPOSE OF EITHER DIRECTLY OR INDIRECTLY PROMOTING THE
INTERESTS THEREOF BY SALES; OR
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4. WHICH DIRECTS ATTENTION TO OR ADVERTISES ANY MEETING,
Cry THEATRICAL PERFORMANCE, EXHIBITION, OR EVENT OF ANY KIND,
FOR WHICH AN ADMISSION FEE IS CHARGED FOR THE PURPOSE OF
PRIVATE GAIN OR PROFIT. THE TERMS OF THIS CLAUSE SHALL NOT
APPLY WHEN 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 IN 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. NOTHING CONTAINED IN THIS CLAUSE SHALL BE
DERIVED 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 TOWN; OR
5. 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.
BE. "Fowl" means any and all fowl, domesticated and wild, male and female, singular and plural.
EF. "Garbage" means putrescible animal and vegetable wastes, resulting from the handling,
preparation, cooking and consumption of food.
FG. "Litter" means garbage, refuse and rubbish and all other waste material which, if thrown or
deposited in a manner prohibited by this article, tends to create a danger to public health,
safety and welfare, and includes, but not by way of limitation, paper and metal, such as
containers or cans.
GH. "Major repair" means the removal from any vehicle of a major portion thereof, including, but
not limited to, the differential, transmission, head, engine block or oil pan.
I. "NEWSPAPER" MEANS A PUBLICATION REGULARLY ISSUED FOR
DISSEMINATION OF CURRENT NEWS, MATTERS OF GENERAL INTEREST AND
LOCAL HAPPENINGS AT STATED SHORT INTERVALS OF TIME WHETHER SUCH
PUBLICATION IS DISTRIBUTED BY PAID SUBSCRIPTION OR FOR FREE. SUCH
PUBLICATION SHALL BE FROM A KNOWN OFFICE OF PUBLICATION AND
SHALL BEAR THE DATES OF ISSUE AND SHALL BE NUMBERED
CONSECUTIVELY.
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J. "NON-COMMERCIAL HANDBILL"MEANS ANY PRINTED OR WRITTEN MATTER,
ANY SAMPLE OR DEVICE, CIRCULAR,LEAFLET,PAMPHLET,MAGAZINE PAPER
BOOKLET, OR ANY OTHER PRINTED OR OTHERWISE REPRODUCED ORIGINAL
OR COPIES OF ANY MATTER OR LITERATURE NOT INCLUDED IN THE
DEFINITIONS OF A COMMERCIAL HANDBILL OR A NEWSPAPER.
HK. "Park" means a park, reservation, playground, recreation center or any other public area in
the town owned or used by the town and devoted to public recreation.
IL. "Private premises" means 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 includes but is not limited to any yard, grounds, walk,
driveway, porch, steps, vestibule or mail box belonging or appurtenant to such dwelling,
house, building or other structure.
JM. "Public place" means any and all streets, sidewalks, boulevards, alleys or other public ways
and any and all public parks, squares, spaces, grounds and buildings.
KN. "Refuse" means all putrescible and non-putrescible solid wastes, except body wastes,
including garbage, rubbish, ashes, street cleanings, dead animals, abandoned, wrecked or
junked vehicles or parts thereof and solid market and industrial wastes.
LO. "Rubbish" means non-putrescible solid wastes consisting of both combustible and non-
combustible wastes, such as paper, wrappings, cigarettes, cardboard, metal cans, yard
clippings, leaves, metal, wood, glass, bedding, crockery and similar materials.
MP. "Streets or road" means the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes of vehicular
travel, and includes the whole right-of-way of the public entity maintaining said way, whether
such right-of-way is paved or not.
NQ. "Vehicle" means 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, except for a device propelled solely by human power.
PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain
Hills, Arizona this 15th day of January, 1998.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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Jer d L. ' es, Mayor Cassie B. Hansen, Town Clerk
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Ordinance 98-01
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REVIE D BY: ! APPROVED AS TO FORM:
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au L. rdin, Town Manager William E. Farrell, Town Attorney
Allow
Ordinance 98-01
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