[HISTORY: Adopted by the Borough Council
of the Borough of Indiana 7-13-1959 by Ord. No. 684 (Ch. XIV, Secs. 1 to 23,
of the 1971 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Indiana Borough Anti-Litter Ordinance."
For the purposes of this chapter 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.
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.
The Borough of Indiana.
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 of literature:
Which advertises for sale any merchandise, product,
commodity or thing; and
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;
or
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 this state, or under any ordinance of
this Borough; or
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 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 regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, shall mean and
include 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 of literature not included in the aforesaid definitions of
a commercial handbill or newspaper.
A park, reservation, playground, recreation center or any
other public area in the Borough, owned or used by the Borough 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.
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 Borough
except in public receptacles or in authorized private receptacles
for collection.
Persons placing litter in public receptacles
or in private receptacles shall do so in such a 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 Borough the accumulation
of litter from any 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 Borough 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 Borough 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 Borough or upon private property.
No person shall drive or move any truck or other
vehicle within the Borough 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 Borough,
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 Borough 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
stream, run or any other body of water within the Borough.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any sidewalk, street or other
public place within the Borough. 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 Borough 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 private 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 matter
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 anyone upon such premises 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 mail boxes may not
be so used when so prohibited by federal postal law or regulations.
B.
Exemption
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) except that the 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 an aircraft shall throw out, drop
or deposit within the Borough any litter, handbill or any other object.
No person shall post or affix any notice, poster
or other paper or device, calculated to attract the attention of the
public, to any lamppost, public utility pole or shade tree, or upon
any public structure or building, except as may be authorized or required
by law.
No person shall throw or deposit litter on any
occupied private property within the Borough, 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 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 authorized private receptacles for collection.
No persons shall throw or deposit litter on
any open or vacant private property within the Borough whether owned
by such person or not.
A.
Notice to remove. The Borough Manager is hereby authorized
and empowered to notify the owner of any open or vacant private property
within the Borough 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 registered 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 10 days after receipt of written notice provided for in Subsection A above, or within five days after the date of such notice in the event the same is returned to the Borough Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the Borough Manager is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Borough.
C.
Charge billed to property owner. When the Borough
has effected the removal of such dangerous litter or has paid for
its removal, the actual cost thereof, plus accrued interest at the
rate of 6% per annum from the date of the completion of the work,
if not paid by such owner prior thereto, shall be charged to the owner
of such property on a bill forwarded to such owner by the Borough,
and said charge shall be due and payable by said owner at the time
of payment of such bill.
D.
Collect by assumpsit. Where the full amount due the Borough is not paid by such owner within 30 days after the disposal of such litter, as provided for in Subsections A and B above, then, and in that case, the Borough Manager shall cause the same to be collected by an action of assumpsit against the property owner.
[Amended 8-2-1966 by Ord. No. 851; 6-8-1971 by Ord. No.
1007; 9-2-2014 by Ord. No. 2014-03]
Any person violating any provision of this chapter shall, for
each and every such violation, upon conviction thereof, be sentenced
to pay a fine of not less than $50 and not more than $100 for the
first offense, $300 for the second and subsequent offenses, together
with costs of prosecution. In default of payment of such fine and
costs, such person shall be sentenced to imprisonment for not more
than 10 days, provided each day that any such violation is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such hereunder, provided further any violation of
any provision of this chapter that shall also constitute a violation
of a specific provision of the laws of Pennsylvania or of any regulation
of the Commonwealth or any department or agency thereof having the
effect of law shall be prosecuted under said state law or regulation
and not under this chapter.
