§ 1601-43. Vehicles Causing Litter or Scattering Debris.

(a)

No person shall drive or move any truck or other vehicle within the city unless such vehicle is so constructed and loaded as to prevent any load, contents or litter from being thrown or deposited upon any street, alley or other public place. When a vehicle carries any substance liable to be blown away, the owner, driver or other person in charge thereof shall, before driving or operating it on any street, alley or other public place, cause such substance or substances to be completely covered with a canvas, duck or other substantial covering in such manner that the same cannot fall or be blown from such vehicle.

(b)

No person shall operate on any street, alley or other public place a vehicle with mud, dirt, sticky substances, litter or foreign matter on its wheels or other parts if such operation results in the depositing or tracking of such mud, dirt, substances, litter or foreign matter on any street, alley or other public place.

(c)

No person being owner or person in control of real property or a prime contractor in charge of a construction site shall maintain such property or construction site so that vehicles upon the property or construction site pick up mud, dirt, sticky substances, litter or foreign matter on the wheels or other parts and deposit or track the mud, dirt, sticky substances, litter or foreign matter onto any street, alley or other public place.

(d)

Where mud, dirt, sticky substances, litter or foreign matter has been tracked or deposited on any street, alley or other public place in violation of this section, the city manager is authorized to cause such mud, dirt, substances, litter or foreign matter to be cleaned from such street and to charge the cost thereof to the person or persons responsible. The cost of cleaning shall be collected by civil suit. The term "responsible person" as used in this section shall mean the driver of the vehicle which deposited or tracked the mud, dirt, substances, litter or foreign matter on the street or the driver's employer or the owner or person in control of the real property or prime contractor in charge of a construction site from where the deposited or tracked mud, dirt, substances, litter or foreign matter on the street, alley or other public place originated.

Whoever violates any of the above provisions is guilty of a minor misdemeanor. Whoever violates this section three or more times within a one-year period is guilty of a fourth degree misdemeanor.

(Ordained by Ord. No. 158-2006, § 1, eff. June 1, 2006; a. Ord. No. 418-2010, § 46, eff. Nov. 24, 2010)