[Adopted 6-12-1973 by Ord. No. 73-5 (Ch.
48, Art. II, of the 1983 Code)]
From and after the passage of this article,
it shall be unlawful for any person, firm or corporation or any agent
thereof to place, throw or maintain in, on or near any public highway,
street, alley, building or public or private lot within the Borough
of Marietta any ashes, rubbish, trash, tin cans, paper, waste wood,
waste lumber, waste material or any other refuse which will endanger
the health, safety or comfort of the residents of the Borough of Marietta
or contribute thereto by any act or failure to act; or to throw or
maintain in, on or near any public highway, street, alley, building
or public or private lot within the Borough of Marietta, or to allow
the maintenance of, any materials which are not waste materials or
refuse, such as but not limited to wood, lumber and building construction
materials, but which are maintained in such a way as to endanger the
health, safety or comfort or any residents of the Borough of Marietta
or any other persons or contribute thereto by any act or failure to
act.
It shall be unlawful for any person, firm or
corporation or any agent thereof to place, throw or maintain in, along
or near any stream or river within the Borough limits of the Borough
of Marietta any ashes, rubbish, trash, tin cans, paper, waste wood,
waste lumber, waste material or other refuse.
[Amended 12-13-1983 by Ord. No. 83-9[1]]
All matters referred to as unlawful in this
article are declared to be a nuisance and removable as such. Any person
or any officer of any firm or corporation or any agent thereof violating
any of the provisions of this article shall, upon conviction in a
summary proceeding under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus court costs and reasonable attorneys’
fees incurred by the Borough in the enforcement proceedings. Upon
judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to the
county correctional facility for a period not exceeding 30 days. Each
day that such violation exists shall constitute a separate offense,
and each section of this article that is violated shall also constitute
a separate offense. In addition to or in lieu of enforcement under
this section, the Borough may enforce this article in equity in the
Court of Common Pleas of Lancaster County.
