[HISTORY: Adopted by the Borough Council of the Borough of Homestead 10-14-1974 as Ch. 63 of the 1974 Code; amended in its entirety 12-8-2005 by Ord. No. 1177. Subsequent amendments noted where applicable.]
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 environmental pollutant; that failure to properly control and dispose of litter in the Borough creates significant and unnecessary cleanup and remediation costs to the taxpayer's detriment and, for all these reasons, should be subject to regulation and control.
For the purpose of this chapter, the following terms, phrases, words, and their derivation shall have the meaning given herein.
- AUTHORIZED PRIVATE RECEPTACLE
- A container of watertight construction with a tight-fitting lid or cover capable of preventing the escape of contents within. Such receptacles shall have handles or other means for safe and convenient handling and be of such size or sufficient capacity to hold all litter generated between collection periods and shall be in compliance with such additional regulations as may be promulgated by the Borough.
- CONSTRUCTION SITES
- Any private or public property upon which repairs to existing buildings, construction of new buildings, or demolition of existing structures is taking place.
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed matter of literature which is not delivered by United States mail, including but not limited to material:
- A. Which advertises for sale any merchandise, product, commodity or thing;
- B. 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
- C. 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.
- Garbage, refuse, and rubbish and all other waste material which, if not properly disposed of in the manner as herein prohibited, tends to create blight, contaminate the environment and/or present a danger to public health, safety and welfare.
- LOADING AND UNLOADING DOCKS
- Any dock space or area used by any moving vehicle for the purpose of receiving, shipping and transporting goods, wares, commodities and persons located on or adjacent to any stream, river or land.
- PRIVATE PREMISES
- All property, including but not limited to vacant land or any land, building or other structure designed or used for residential, commercial, business, industrial, institutional or religious purposes, together with any yard, grounds, walk, driveway, fence, porch, steps, vestibule, mailbox and other structure appurtenant thereto.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways, lakes, rivers, watercourses or fountains and any and all public parks, squares, spaces, grounds, and buildings.
- PUBLIC RECEPTACLES
- Any receptacles provided by or authorized by the Borough.
- Every device in, upon or by which any person or property is or may be transported or drawn upon land or water, including devices used exclusively upon stationary rails or tracks.
No person shall deposit any litter within the Borough except in public receptacles, in authorized private receptacles for collection or in any duly licensed disposal facility.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent litter from being carried or deposited by the elements upon any public place or private premises.
No person shall upset or tamper with a public or private receptacle designed or used for the deposit of litter or cause or permit its contents to be deposited or strewn in or upon any public place or private premises.
Persons owning, occupying or in control of any public place or private premises shall keep the sidewalks and alleys adjacent thereto free of litter, and shall maintain such receptacles as may be required by the regulations promulgated by the Borough Manager.
The owner or person in control of any private premises shall at all times maintain the premises free of litter.
The owner or person in control of private premises shall, if public receptacles are unavailable, 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 public place or private premises.
No person, while the operator of or passenger in a vehicle, shall deposit litter upon any public place or private premises.
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 public place or private premises. 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 public place or private premises mud, dirt, sticky substances, litter or foreign matter of any kind.
No person shall 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 other public place or private premises. Where receptacles are not provided, all such litter shall be removed from the park by the person responsible for its presence and properly disposed of elsewhere in a lawful manner.
Public places. No person shall deposit or unlawfully sell any handbill in or upon any public place; provided, however, that it shall not be unlawful on any public place for any person to hand out or distribute, without charge to the receiver, any handbill to any person willing to accept it.
Private premises. No person shall deposit or unlawfully distribute any handbill in or upon private premises, except by handing or transmitting any such handbill directly to the occupant of such private premises; provided, however, that in cases of private premises which are not posted against the receiving of handbills or similar material, such person, unless requested by anyone upon such premises not to do so, may securely place any such handbill in such a manner as to prevent such handbill from being deposited by the elements upon any public place or private premises, except mailboxes may not be so used when prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution upon private premises only of newspapers and religious or political literature, except that newspapers and religious and political literature shall be placed in such a manner as to prevent their being carried or deposited by the elements upon any public place or private premises.
Placing handbills on vehicles. No person shall deposit any handbill in or upon any vehicle unless the occupant of a vehicle is willing to accept it.
Cleanup. It shall be the responsibility of any person distributing handbills to maintain the area which they are utilizing free of any litter caused by or related to said handbill distribution.
No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, upon any public place or private premises, except as may be authorized or required by law.
Each contractor shall be responsible for the construction site in such a manner that litter will be prevented from being carried or deposited by the elements upon any public place or private premises.
Litter or other debris, including dirt and mud, deposited as the result of normal construction process upon any public place or private premises, shall be removed.
The person owning, operating or in control of a loading or unloading dock shall maintain authorized private receptacles for collection of litter and shall at all times maintain the dock area free of litter in such a manner that litter will be prevented from being carried or deposited by the elements upon any public place or private premises.
Litter receptacles required. Any public place or private premises containing any provision for parking vehicles shall be equipped with litter receptacles in compliance with this section. Such premises shall include but not be limited to such places as shopping centers, outdoor theaters, drive-in restaurants, gasoline service stations, apartment developments, parking lots, and any other place where provision is made for vehicles to stop or park in a designated area for any purpose.
Number of receptacles. All premises having parking lots shall provide, in an easily accessible location, a minimum of two refuse containers for up to 25 spaces and at least one additional refuse container for every 50 additional parking spaces.
Specifications. Litter receptacles shall have tight-fitting lids or tops and shall be weighted or attached to the ground or other fixed structures as necessary to prevent spillage. A minimum litter container size of 20 gallons shall be used, with all containers being an easily identifiable color with proper markings indicating litter receptacles.
Cleanliness. Premises used for the purpose designated herein shall be kept in a litter-free condition, and all litter shall be removed periodically from the receptacles so that they remain usable at all times.
Obligation to use receptacles. It shall be the duty and obligation of all persons using parking areas to use such litter receptacles as herein above provided for the purposes intended, and it shall be unlawful for any person or persons to deposit upon any such parking lot any litter.
Any person, firm or corporation violating any provision of this chapter shall be fined not less than $50 nor more than $500, plus the cost of prosecution for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. A violator in default of payment of such fine and costs shall be subject to imprisonment in the county jail for a term not to exceed 30 days.