[HISTORY: Adopted by the Board of Supervisors of the Township of
Whitemarsh 7-26-1984 by Ord. No. 489.
Amendments noted where applicable.]
A.
Word usage. When not inconsistent with the context, words
used in the present tense include the future, words used in plural numbers
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.
B.
AIRCRAFT
AUTHORIZED PRIVATE RECEPTACLE
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
GARBAGE
LITTER
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
TOWNSHIP
VEHICLE
Definitions. For the purpose of this chapter, the following
terms, phrases, words and their derivatives shall have the meanings given
herein:
Any contrivance now known or hereafter invented, used or designated
for navigation or for flight in the air. The word "aircraft" shall include
helicopters and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle as authorized by Whitemarsh
Township and the National Sanitation Foundation.
Any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, paper booklet or any other printed or otherwise reproduced
original or copies of any matter or literature:
Which advertises for sale any merchandise, product, commodity or thing;
Which directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly or indirectly
promoting the interest thereof by sales;
Which directs attention to or advertises any meeting, theatrical performance,
exhibition or event of any kind for which an admission fee is charged for
the purpose of private gain or profit, but the terms of this subsection shall
not apply where an admission fee is charged or a collection is taken up for
the purpose of defraying the expenses incident to such meeting, theatrical
performance, exhibition or event of any kind, when either of the same is held,
given or takes place in connection with the dissemination of information which
is not restricted under the ordinary rules of decency, good morals, public
peace, safety and good order, provided that nothing contained in this subsection
shall be deemed to authorize the holding, giving or taking place of any meeting,
theatrical performance, exhibition or event of any kind without a license
where such license is or may be required by any law of Pennsylvania or under
any ordinance of Whitemarsh Township; and
Which, while containing reading matter other than advertising matter,
is predominantly and essentially an advertisement and is distributed or circulated
for advertising purposes or for the private benefit and gain of any person
so engaged as advertiser or distributor.
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 the public health, safety and welfare.
Any newspaper of general circulation as defined by general law; any
newspaper duly entered with the Post Office Department of the United States
in accordance with federal statute or regulations; any newspaper filed and
recorded with a recording officer as provided by general law; and, in addition
thereto, any periodical or current magazine regularly published with not less
than four issues per year and sold to the public.
Any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed
or otherwise reproduced original or copies of any matter or literature not
included in the aforesaid definitions of "commercial handbill" or "newspaper."
A park, playground, recreation center or 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 to be used
wholly or in part for private residential purposes, whether inhabited or temporarily
or continuously uninhabited or vacant, including any yard, grounds, walks,
driveway, park, 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 waste (except body waste),
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
waste, such as paper, wrappings, cigarettes, cardboard, tin cans, grass, leaves,
yard clippings, wood, glass, bedding, crockery and similar materials.
The Township of Whitemarsh, Montgomery County, Pennsylvania.
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 public place within the Township, except in public receptacles or in authorized
private receptacles for collection.
Persons placing litter in public receptacles or in authorized 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 public property.
No person shall sweep into or deposit in any gutter, street or other
public place within the Township the accumulation of litter from a building
or lot or from any public or private sidewalk or driveway. Persons owning
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 within
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.
[Amended 12-8-1988 by Ord. No. 567]
A.
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.
B.
No person shall drive or move within the Township any
open commercial vehicle or open tractor, trailer, tractor-trailer combination
or dump truck without first having the same covered and any load contained
therein covered and secured with a tarpaulin to prevent and prohibit any portion
whatsoever of its load escaping said vehicle, unless the load is so secured
that no portion of the load can escape the vehicle.
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 pond, stream or any other
body of water in a park or elsewhere within the Township.
No person shall throw or deposit litter in any storm or sanitary sewer,
including rights-of-way.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any sidewalk, street or other public place within the Township,
nor shall any person hand out or distribute or sell any commercial handbill
in any public place; provided, however, that it shall not be unlawful on any
sidewalk, street or other public place within the Township for any person
to hand out or distribute, without charge to the receiver thereof, any noncommercial
handbill to any person willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any vehicle; provided, however, that it shall not be unlawful in
any public place for a person to hand out or distribute, without charge to
the receiver thereof, a noncommercial handbill to any occupant of a vehicle
who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any private premises which are temporarily or continuously uninhabited
or vacant.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill upon any premises if requested by anyone thereon not to do so or
if there is placed on said premises in a conspicuous position near the entrance
thereof a sign bearing the words "No Trespassing," "No Peddlers or Agents,"
"No Advertisements" or any similar notice indicating in any manner that the
occupants of said premises do not desire to be molested or have their right
of privacy disturbed or to have any such handbills left upon such premises.
A.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon private premises which are inhabited,
except by handing or transmitting any such handbill directly to the owner,
occupant or other person then present in or upon such private premises; provided,
however, that in case of inhabited private premises which are not posted,
as provided in this chapter, such person, unless requested by the inhabitant
in writing, sent certified mail, return receipt requested, not to do so, may
place or deposit any such handbill in or upon such inhabited private premises
if such handbill is so placed or deposited as to secure or prevent such handbill
from being blown or drifted about such premises or sidewalks, streets or other
public places, and except that mailboxes may not be so used when so prohibited
by federal postal law or regulations.
B.
Exception for mail and newspapers. The provisions of
this section shall not apply to the distribution of mail by the United States
nor to newspapers, as defined herein, unless requested by the inhabitant in
writing, sent certified mail, return receipt requested, not to do so, except
that newspapers shall be placed on private property in such a manner as to
prevent their being carried or deposited by the elements upon any street,
sidewalk or other public place or upon private property.
No person in any aircraft shall throw out, drop or deposit within the
Township any litter, handbill or any other object.
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 authorized 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 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 authorized private receptacles
for collection.
A.
Notice to remove. Whitemarsh Township 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 adverse to public health, safety or
welfare. Such notice shall be by certified mail, addressed to said owner at
his last known address.
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 five days after receipt of written notice provided for in Subsection A above, the owner shall be cited for violation in accordance with the provisions of this chapter.
[Amended 12-8-1988 by Ord. No. 565]
Any person or persons, corporation, partnership or other entity whatsoever
violating any of the provisions of this chapter shall, upon conviction, be
sentenced to pay a fine not to exceed the maximum fine of $1,000, plus costs
of prosecution, and, in default of payment of such costs and prosecution,
to imprisonment for a term not exceeding 30 days; provided, however, that
if the District Justice determines that the defendant is without the financial
means to pay the fines and costs immediately or in a single remittance, such
defendant shall be permitted to pay the fines or costs in installments and
over such periods of time as the District Justice deems to be just.
