[HISTORY: Adopted by the Borough Council of the Borough of
Lehighton as Ch. 98 of the 1975 Code. Section 138-18 amended at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
This chapter shall be known as the "Anti-Litter Ordinance of
the Borough of Lehighton."
A.
Terms defined. As used in this chapter, the following terms shall
have the meanings indicated:
- ASHES
- Includes ashes from coal or wood.
- GARBAGE
- Includes any offal or refuse of fish, fruit, vegetable, animal matter or any other organic substance subject to fermentation or decay.
- LITTER
- Includes garbage, refuse and rubbish and all other waste material which, if thrown or deposited as prohibited in this chapter, tends to create a danger to the public health, safety and welfare.
- PARK
- Includes any park, reservation, playground, recreation center or any other public area in the borough and devoted to active or passive recreation.
- PERSON
- Includes any natural person, partnership, association, firm or corporation.
- PUBLIC PLACE
- Includes any and all streets, sidewalks, boulevards, alleys or other public ways and any and all parks, squares, spaces, grounds and buildings.
- REFUSE
- Includes any rubbish, garbage, ashes or any other material.
- RUBBISH
- Includes papers, rags, excelsior, straw, old clothes, paper and cardboard boxes, old shoes, tin cans, glass, china, glass containers, oyster and clam shells, lawn trimmings, grass, weeds and other waste materials which shall result from the ordinary conduct of housekeeping.
B.
Word usage. The singular shall include the plural, and the masculine
shall include the feminine and neuter.
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 authorized
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 street, gutter
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 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 shall
keep the sidewalks and gutters 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 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
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
other body of water within the borough.
No person in an aircraft shall throw out, drop or deposit within
the borough any litter 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 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 within
the borough 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 upon any open or vacant
private property within the borough, whether owned by such person
or not.
A.
The Borough Manager is hereby authorized and empowered to notify
the owner of any open or vacant private property within the borough
or the known agent of such owner to properly dispose of litter located
on such owner's property, which litter is dangerous to public
health, safety or welfare. Such notice shall be by certified mail
and addressed to said owner or his agent at his last known address.
B.
Upon the failure, neglect or refusal of any owner or agent so notified
to properly dispose of litter which is dangerous to public health,
safety or welfare within 10 days after receipt of the written notice
provided above or within five days after the date of such notice,
in the event that the same is returned to the borough's Post
Office Department because of its inability to make delivery thereof,
provided that the same was properly addressed to the last known address
of such owner or his agent, the Borough Manager is hereby authorized
and empowered to have the litter removed and pay for its disposal
or to order its disposal by the borough.
C.
When the borough has effected the disposal of such 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 by the borough, if not paid by such owner or his agent, shall
be due and payable by said owner or his agent upon receipt of the
bill.
D.
Where the full amount due the borough is not paid by such owner or
his agent within 30 days after the disposal of such litter, as provided
above, then in that case, the Borough Manager shall cause the same
to be collected by an action of assumpsit against the property owner.
The enforcement of the provisions of this chapter shall be the
responsibility of the Borough Manager.
All persons, firms or corporations violating or contributing
to the violation of the provisions of this chapter or permitting their
agents or representatives, while under their control or under their
direction, to do so shall, upon conviction thereof before any District
Justice, be subject to a fine of not less than $1, nor more than $600
and costs of prosecution for each and every offense and, in default
of payment of such fine and costs, to imprisonment for not more than
30 days. Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such
hereunder.
