[HISTORY: Adopted by the Borough Council
of the Borough of Hampton 6-11-1990 by Ord. No. 10-90. Amendments noted where
applicable.]
It shall all be unlawful for any person to throw,
drop, discard or otherwise place litter of any nature upon any public
or private property, other than in a litter receptacle.
As used in this chapter, the following terms
shall have the meanings indicated:
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material, or any combination thereof,
including but not limited to any bottle, jar or can, any cigarette,
cigar or match or any flaming or glowing material, any garbage, trash,
refuse, debris, rubbish, grass clippings or other lawn or garden waste,
tree or tree parts, newspaper, magazines, glass, metal, plastic or
paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
It shall be unlawful for any person to discard
or dump along any street, road or lane, on or off any right-of-way,
any household or commercial solid waste, rubbish, refuse, junk, vehicular
vehicle parts, rubber tires, appliance, furniture or private property,
except by written consent of the owner of said property, in any place
specifically designed for the purpose of solid waste storage or disposal.
Litter receptacles and their servicing are required
at the following public places which exist in the municipality, including
sidewalks used by pedestrians in active retail commercially zoned
areas, such that at a minimum there shall be no single linear 1/4
mile without a receptacle; buildings held out for the use of the public,
including schools, government buildings and railroad and bus stations;
parks; drive-in restaurants; all street vendor locations; self-service
refreshment areas; construction sites; gasoline service station islands;
shopping centers; parking lots; campgrounds and trailer parks; marinas,
boat moorings and fueling stations; boat launching areas; public and
private piers operated for public use; beaches and bathing areas;
and at special events to which the public is invited, including sporting
events, parades, carnivals, circuses and festivals. The proprietors
of these places or the sponsors of these events shall be responsible
for providing and servicing the receptacle such that adequate containerization
is available.
No person shall sweep into or deposit litter
in any gutter, street, catch basin or other public or private sidewalk
or driveway. Every person who owns or occupies property shall keep
the sidewalk in front of his or her premises free of litter. All litter
sweepings shall be collected and properly containerized for disposal.
It shall be unlawful for any residential or
commercial property owner to permit open or overflowing waste disposal
bins on his or her property.
It shall be unlawful for any vehicle to be driven,
moved, stopped or parked on any public roadway unless such vehicle
is constructed, covered or loaded to prevent any of its load from
dropping, sifting, leaking or otherwise escaping therefrom. Any person
operating a vehicle from which any materials which constitute litter
have fallen or escaped, which could cause an obstruction, damage a
vehicle or otherwise endanger travelers or public property, shall
immediately cause the public property to be cleaned of all such materials,
shall pay any damage resulting therefrom and shall pay the costs therefor.
It shall be unlawful for any owner, agent or
contractor in charge of a construction or demolition site to permit
the accumulation of litter before, during or immediately following
completion of any construction or demolition project. It shall be
the duty of the owner, agent or contractor in charge of a construction
site to furnish containers adequate to accommodate flyable or nonflyable
debris or trash at areas convenient to construction areas and to maintain
and empty the receptacles in such a manner and with such a frequency
as to prevent spillage of refuse.
It shall be the duty of the owner, lessee, tenant,
occupant or person in charge of any structure to keep and cause to
be kept the sidewalk and curb abutting the building or structure free
from obstruction or nuisances of every kind and to keep sidewalks,
areaways, backyards, courts and alleys free from litter.
It shall be unlawful for any person to place,
to cause to be placed or to hire another person to place any advertisement,
handbill or unsolicited material of any kind in or on any street,
sidewalk, building or vehicle within the community in such a manner
that it may be removed by natural forces.
[Added 5-15-2023 by Ord. No. 03-2023[1]]
All debris consisting of tree parts, litter, brush, and other
natural debris shall be removed from the property within 30 days of
creation. Said debris shall not be transferred to another site in
the Borough of Hampton without the appropriate approval from the Borough.
[Amended 11-9-1992 by Ord. No. 14-92]
A.
Any person who violates this chapter or any part thereof
shall, upon conviction, be fined an amount not exceeding $2,000, be
imprisoned for a term not exceeding 90 days and/or serve a period
of community service not exceeding 90 days for each and every offense.
[Amended 8-9-2010 by Ord.
No. 5-10]
B.
Lien program to provide for the cleanup of private property pursuant to violation of § 163-5, 163-6, 163-8 or 163-9. In the event that the owner possessor of private property or lands shall refuse or neglect to abate or remedy the condition which constitutes a violation of this chapter, the municipality may cause the condition to be abated and remedied. Upon the removal of any materials prohibited to be stored or abandoned on lands by this chapter by or under the direction of an appointed officer or officers of this jurisdiction, in cases where the owner or tenant shall have refused or neglected to remove the materials within five days of receiving a notice of violation, such officer shall certify the cost thereof to the municipality, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said land and will be added to and become and form part of the taxes next to be assessed and levied upon said lands. The fines shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
