[HISTORY: Adopted by the Borough Council of the Borough of East Stroudsburg 1-19-1988 by Ord. No. 878, approved 1-19-1988. Amendments noted where applicable.]
Solid waste — See Ch. 134.
It is hereby declared and found that litter carelessly deposited in the Borough is the cause of civic disgrace; that litter is a health, fire and safety hazard and a pollutant; that an all-out litter control campaign can result in substantial savings to taxpayers of the Borough; and that litter is a matter affecting the public interest and consequently should be subject to supervision and administrative control for the purpose of safeguarding the health, safety and general welfare of the people of the Borough.
As used in this chapter, the following terms shall have the meanings indicated:
- COMMERCIAL PLACE
- Any store or group thereof, including shopping centers, shopping plazas and other similar places wherein mercantile activities and services are offered to the public, and further including all parking areas thereat.
- Putrescible and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copy of any matter of literature which:
- A. Advertises for sale any merchandise, product, commodity or thing.
- B. 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.
- C. 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.
- D. 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.
- 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 or creates unsightliness.
- Any newspaper of general circulation, as defined by 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 law. In addition thereto, "newspaper" shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
- NONCOMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or original or copies of any matter of literature not included in the aforesaid definitions of a "commercial handbill" or "newspaper."
- A park, reservation, playground, beach, 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.
- PRIVATE PREMISES
- Any 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, including any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
- PUBLIC PLACE
- 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, shopping carts and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as 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 deposit or throw litter in or upon any street, sidewalk or other public place within the Borough, except in public or private receptacles for collection.
Persons placing litter in public or 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 or deposit in any gutter, street or other public place within the Borough the accumulation of litter from any building or litter from any public sidewalk or driveway.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or 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 operated, constructed and loaded so 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 river, fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the Borough.
No person shall throw or deposit any commercial or noncommercial handbills in or upon any sidewalk, street or other public place within the Borough.
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 is temporarily or continuously uninhabited or vacant.
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.
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 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 or other public place or upon private property.
No person shall affix any handbills, posters, signs, etc., to any utility pole or tree either on public or private property within the Borough of East Stroudsburg.
No person shall throw or deposit litter on any private property or commercial place within the Borough whether owned by such person or not, except that the owner or person in control of such private property or commercial place may maintain authorized private receptacles for collection in such manner that litter will be prevented from being carried or deposited by the elements upon any street or other public place or upon any private property.
Each owner or person in control of any commercial place, including shopping centers and delivery and parking areas thereat, shall keep said places, parking fields, parking areas, delivery areas and other open areas which are a part of such commercial place free from litter.
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 person shall throw or deposit litter on any open or vacant private property within the Borough, whether owned by such person or not.
The Borough Council or its designated representative is hereby authorized and empowered to notify the owner of any open or vacant private property or commercial place within the Borough, or the agent of such owner to properly dispose of litter located on such owner's property which is a nuisance or dangerous to public health, safety or welfare. Such notice shall be by certified mail, addressed to said owner at his last known address.
Any person violating the provisions of this chapter shall, upon conviction thereof in a summary proceeding before a District Justice, be punishable by a fine of not more than $600 or by imprisonment for not more than 30 days, or both.
[Amended 10-3-1989 by Ord. No. 921, approved 10-3-1989]
In addition or as an alternative to the above-provided penalties, the Borough Council may also maintain an action or proceeding in the name of the Borough in a court of competent jurisdiction to compel compliance with, or to restrain by injunction, the violation of this chapter.