Litter is declared to be a nuisance.
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words used in the plural number include the singular
number, and words used in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
A park, reservation, playground, beach, recreation center
of any other public area in the Township owned or used by the Township
and devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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 shall include any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
The Township of Rochester.
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.
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Township except in public
receptacles, in private receptacles for collection or in official
Township dumps.
Persons placing litter in public receptacles or in private receptacles
shall do so in such manner as to prevent it from being carried or
deposited by the elements upon any street, sidewalk or other public
place or upon private property.
No person shall sweep into or deposit in any gutter, street
or other public place within the Township the accumulation of litter
from any building or lot or from any public or private sidewalk or
driveway. Persons owing or occupying property shall keep the sidewalk
in front of their premises free of litter.
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or other public place within
the Township the accumulation of litter from any building or lot or
from any public or private sidewalk or driveway. Persons owning or
occupying places of business with the Township shall keep the sidewalk
in front of their business premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
Township or upon private property.
No person shall drive or move any truck or other vehicle within
the Township unless such vehicle is so constructed or loaded as to
prevent any load, contents or litter from being blown or deposited
upon any street, alley or other public place, nor shall any person
drive or move any vehicle or truck within the Township, the wheels
or tires of which carry onto or deposit in any street, alley or other
public place mud, dirt, sticky substances, litter or foreign matter
of any kind.
No person shall throw or deposit litter in any park within the
Township except in public receptacles and in such a manner that the
litter will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street or other public place.
Where public receptacles are not provided, all such litter shall be
carried away from the park by the person responsible for its presence
and properly disposed of elsewhere as provided herein.
No person shall throw or deposit litter in any fountain, pond,
lake, stream or any other body of water in a park or elsewhere within
the Township.
No person shall throw or deposit litter on any occupied private
property within the Township whether owned by such person or not,
except that the owner or person in control of private property may
maintain private receptacles for collection in such a manner that
litter will be prevented from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon any private
property.
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, however,
that this section shall not prohibit the storage of litter in private
receptacles for collection.
No person shall throw or deposit litter on any open or vacant
private property within the Township whether owned by such person
or not.
A.
Notice to remove. The Code Enforcement Officer is hereby authorized
and empowered to notify the owner of any open or vacant private property
within the Township or the agent of such owner to properly dispose
of litter located on such owner's property which is dangerous
to public health, safety or welfare. Such notice shall be by certified
mail, addressed to said owner at the address listed on the Township
records, or by affixing the same in a conspicuous position on said
premises.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of written notice provided for in Subsection A above, or within 10 days after the posting of the premises as herein provided, the Code Enforcement Officer is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Township.
C.
Whenever the Township has effected the removal of such dangerous
litter or has paid for its removal, the cost thereof may be collected
from the owner as municipal claims are now collected by law. This
remedy shall be in addition to any other penalty that may be provided
herein.
