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Issue 02 · Complex & customers · public right-of-way

Trash and debris throughout the neighborhood

SDMC §54.0208(a)–(b) §54.0210 · §54.0201(f)
Buonasera Pizza Roberto's Bird Rock Coffee Roasters

The issue

Customer litter, including napkins, cups, and plates, is regularly left on the street, the public walkway, and neighbors' yards. The complex also stages its cans, bags, and boxes in the public right-of-way, blocking an entrance for hours at a time.

The code

§54.0208(a) makes it unlawful for a responsible person to fail to keep property under their control free from waste, and (b) extends that duty to the public walkway where the premises abut a street. §54.0210 prohibits littering outright, and §54.0201(f) declares waste in front of streets and sidewalks a public nuisance. Under §54.0205 these are strict-liability offenses, so intent does not matter.

Evidence

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