[HISTORY: Adopted by the Borough Council of the Borough of Harveys
Lake 1-22-1968 by Ord. No. 9. Amendments
noted where applicable.]
For the purposes of this chapter, the following words and phrases shall
have the meanings ascribed to them as follows:
Depositing, or suffering to be deposited, any discarded, unwanted
or rejected materials or accumulation thereof of any kind, including but not
limited to garbage, rubbish, refuse, waste building materials, appliances,
furniture, inoperable vehicles or parts thereof.
Any vehicle no longer intended for or in condition for use upon the
public highways.
Any item of unwanted or carelessly discarded material, including
but not limited to refuse, garbage, rubbish, trash, loose handbills, advertisements
or other substances.
Any person or persons, partnership, association, company, firm or
corporation.
A.
No person shall throw or in any manner deposit, or suffer
to be deposited, any litter in or upon any street, sidewalk, beach, park,
body of water or other public or private property within the Borough.
B.
No person shall throw or dump any dirt, rock or fill
into any body of water within the Borough.
[Added 10-7-1971]
C.
Litter collection and storage areas; clean conditions.
Every owner or occupant or lessee of a house or building used for residence,
business or commercial purposes shall maintain litter collection and storage
areas in a clean condition and ensure that all litter is properly containerized.
Failure to so maintain clean litter conditions in storage areas shall constitute
a violation.
[Added 6-2-1981 by Ord. No. 8-81]
A.
Persons depositing litter in authorized public or private
collection receptacles shall do so in a manner so as to prevent such from
being carried by the elements onto any street, sidewalk or other public or
private property.
B.
Neglected premises visible to the public. It shall be
the duty of any person owning or controlling a house or other building or
premises, including vacant lots, visible from any public place or private
premises to maintain such premises in a reasonably clean and orderly manner
and to a standard conforming to other orderly premises in that vicinity. It
shall be a violation to abandon, neglect or disregard the condition or appearance
of any premises so as to permit it to accumulate litter thereon.
[Added 6-2-1981 by Ord. No. 8-81]
C.
Areas around business premises; clean conditions. The
owner or person in control of any public place, including but not limited
to restaurants, shopping centers, fast-food outlets, stores, hotels, motels,
industrial establishments, office buildings, apartment buildings, housing
projects, gas stations and hospitals and clinics, shall at all times keep
the premises clean of all litter and shall take measures, including daily
clean up of the premises before 12:00 noon of each day to prevent litter from
being carried by the elements to adjoining premises. It shall be a violation
to abandon, neglect or disregard the condition or appearance of such premises
so as to permit it to accumulate litter thereon.
[Added 6-2-1981 by Ord. No. 8-81]
D.
Construction sites; clean conditions. Property owners
and prime contractors in charge of any construction site shall maintain the
construction site in such a manner that litter will be prevented from being
carried by the elements to adjoining premises. All litter from construction
activities or any related activities shall be picked up at the end of each
work day and placed in containers which will prevent litter from being carried
by the elements to adjoining premises.
[Added 6-2-1981 by Ord. No. 8-81]
E.
Abandoned garbage containers. It shall be unlawful for
any person who is in control of any premises upon which is located or on whose
behalf there is maintained any container of refuse waste or garbage which
has been containerized in accordance with a contract for its removal to allow
that refuse, waste or garbage to remain uncollected beyond the date provided
by the contract for its collection removal or, in any case, to allow the container
to remain unemptied for longer than seven days or, in any case, until after
that refuse, waste or garbage creates any condition which is offensive to
persons upon any private premises or public place.
F.
Neglected refuse containers. It shall be unlawful for
any person who has contracted to collect and remove that refuse, waste or
garbage described above to allow that refuse, waste or garbage as described
above to remain uncollected beyond the date provided by the contract for its
collection and removal or any place to allow that container to remain unemptied
for longer than seven days or, in any case, until after that refuse, waste
or garbage creates any condition which is offensive to persons upon any private
premises or public place.
[Added 6-2-1981 by Ord. No. 8-81]
G.
Public places. Every owner, occupant, tenant or lessee
using or occupying any public place shall provide adequate litter receptacles
of sizes, number and types as required to contain all litter generated by
those persons frequenting that public place.
[Added 6-2-1981 by Ord. No. 8-81]
H.
Parking lots. Any parking lot shall be equipped with
receptacles in compliance with this section.
[Added 6-2-1981 by Ord. No. 8-81]
I.
Private premises. The owner or persons in control of
private premises shall maintain litter receptacles for collection of litter,
as necessary, in such a manner that litter will be prevented from being carried
by the elements to adjoining premises.
[Added 6-2-1981 by Ord. No. 8-81]
J.
Periodic emptying of receptacles. All litter shall be
removed periodically from litter receptacles as necessary to maintain their
usefulness.
[Added 6-2-1981 by Ord. No. 8-81]
K.
Prevention of scattering. Persons placing litter in litter
receptacles should do so in a manner as to prevent litter from being carried
from the receptacles by the elements.
[Added 6-2-1981 by Ord. No. 8-81]
L.
Upsetting or tampering with receptacles. No person shall
cause the removal, upsetting, mutilation, defacing or tampering with litter
receptacles or cause the contents thereof to be spilled or to be strewn in
or upon any public place or private premises.
[Added 6-2-1981 by Ord. No. 8-81]
M.
Litter receptacles obstructing traffic. Litter receptacles
shall not be placed in any location where they may obstruct vehicular traffic
or unreasonably obstruct pedestrian traffic.
[Added 6-2-1981 by Ord. No. 8-81]
N.
Exterior of litter receptacles. Litter receptacles located
on public places shall be as reasonably aesthetic in appearance as possible.
[Added 6-2-1981 by Ord. No. 8-81]
A.
No person, while in a vehicle, shall throw or deposit
or suffer to be deposited any litter upon any public or private property within
the Borough.
B.
All vehicles used to transport loose materials shall
be so constructed so as to prevent the escape of such materials onto any public
or private property.
C.
No vehicle shall be driven onto a public street while
the tires thereof are likely to deposit mud or other foreign substances upon
the street surface.
A.
No person, while in a vehicle, shall throw or deposit
or suffer to be deposited any litter from private premises onto any public
property.
B.
No person shall deposit any materials on any private
property in such a manner as to allow or cause litter therefrom to be carried
onto any other private or public property.
C.
All owners of private property are required to keep their
property free of litter.
No person shall use or permit the use of any public or private property
within the Borough for dumping or as a sanitary landfill, except that the
Council may, upon request and in its discretion, authorize the dumping for
landfill purposes of noncombustible building material, such as stone, brick,
mortar, concrete and other rubble, which are relatively free of combustible
or organic wastes.
The Council hereby declares that any property which contains an accumulation
of litter or a dump of prohibited materials constitutes a nuisance.
The Mayor is hereby authorized to serve notice in writing to the property
owner thereof to abate the same or otherwise effect compliance within seven
days after issuance of such notice. In the event of noncompliance within the
time stated, the Borough may enter the premises and remove the same or otherwise
effect compliance. The cost thereof, together with any additional payment
authorized by law, may be collected by the Borough from such person in the
manner provided by law.
A.
Any person who shall violate any provision of this chapter
shall, upon conviction thereof for each violation, be subject to a fine of
not less than $10 nor more than $50, plus costs of prosecution. In default
of the payment of such fine plus costs, such person shall be sentenced to
the county jail for a period not exceeding 10 days.
B.
Each day that such violation exists shall be considered
to be a separate violation.
