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March 09, 2008

Ann Arbor City Code: littering

in our series on relevant parts of the city code, here's the piece that lets you quote chapter and verse when some part of your walk to town goes past a building littered with soggy 3+ day old newspapers.

Chapter 82 LITTERING AND DISTRIBUTION OF HANDBILLS

7:103. Owner to maintain premises free of litter, handbills and newspapers.
The owner or person in control of private property shall at all times maintain the premises free of litter, handbills or more than three days accumulation of newspapers. Provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
(Ord. No. 14-64, 3-30-64; Ord. No. 63-78, 11-6-78; Ord. No. 15-02, § 5, 4-15-02)

7:104. Clearing of litter, handbills and newspapers from open private property by city.
Whenever private property is in a condition in violation of section 7:103, the administrator is authorized to remove the litter, handbills or newspapers. Before removing materials pursuant to this section, the city shall give notice of violation. The city shall give notice of violation by posting the notice at a conspicuous place on the property at least 24 hours prior to removing materials. The city may also deliver the notice to the property owner as shown on assessment records or by sending the notice byfirst-class mail to the property owner as shown on assessment records at least 72 hours prior to removing materials. No notice shall be required if a public health hazard necessitates immediate removal of materials. All costs (including labor, equipment, materials, disposal and overhead) of work performed by the city under this section shall be charged to the owner of the involved property. If the charges are not paid, they may be assessed against the property pursuant to section 1:292 of Chapter 13 of this Code.
(Ord. No. 14-64, 3-30-64; Ord. No. 63-78, 11-6-78; Ord. No. 72-90, § 1, 12-17-90; Ord. No. 15-02, § 6, 4-15-02; Ord. No. 41-02, § 5, 11-7-02)

7:106. Penalties.
Except as otherwise provided in this section, each violation of this chapter shall be a misdemeanor punishable by a fine of not more than $500.00 and costs of prosecution or by imprisonment for not more than 90 days, or by both such fine and imprisonment. Sections 7:93, 7:102, 7:103, and 7:104 shall be a civil infraction punishable by a civil fine of not less than $200.00 and up to $1,000.00, plus costs and all other remedies available by statute. Each day of violation shall be a separate violation. If thepenalty for sections 7:93 and 7:103 is not paid within 45 days, it may be assessed against the parcel under section 1:292 of this Code.
(Ord. No. 41-02, § 6, 11-7-02; Ord. No. 1-03, § 1, 2-18-03; Ord. No. 25-04, §§ 8, 9, 8-2-04; Ord. No. 30-05, § 3, 8-15-05)
Editor's note: Ord. No. 25-04, § 8, adopted Aug. 2, 2004, repealed former § 7:105 which pertained to enforcement. Section 9 of said ordinance renumbered § 7:106 as § 7:105 and amended § 7:105 to read as herein set out. See also the Code Comparative Table.

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