[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton 5-23-1974 by Ord. No.
74-7. Amendments noted where applicable.]
A.
Word usage. When not inconsistent with the context, words used in
the present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural. The word "shall" is always mandatory and not merely
directory.
B.
GARBAGE
LITTER
PRIVATE PREMISES
PUBLIC PLACE
PUBLIC STRUCTURE OR BUILDING
REFUSE
RUBBISH
For the purpose of this article, the following terms, phrases, words
and their derivations shall have the meanings given herein:
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown, deposited or stored as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any dwelling house, building or other structures designed
or used either wholly or in part for private residential purposes,
whether inhabited or vacant, and shall include any yard, ground, walk,
driveway, porch, steps or vestibule belonging or appurtenant to such
dwelling house, building or other structure.
Any streets, sidewalks, alleys or other public ways and any
and all public parks, squares, spaces, grounds and buildings.
Any structure or building owned or operated by the federal,
county or state government or any governmental agency.
All putrescible solid wastes (except body wastes), including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, dismantled automobiles and parts thereof, scrap metal,
junk, machinery and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, plastic, Mylar, latex,
bedding, crockery, building materials and similar materials.
[Amended 10-11-1990 by Ord. No. 90-11]
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 or
in official Borough landfills.
[Amended 2-9-1989 by Ord.
No. 89-2]
Litter receptacles and their servicing are required at the following
public places which exist in the Borough of Clayton: sidewalks used
by pedestrians in active retail commercially zoned areas, such that
at a minimum there shall be no single linear quarter-mile without
a receptacle; buildings held out for use by 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
moorage 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 the
places or the sponsors of the events described in this section shall
be responsible for providing and servicing the receptacles such that
adequate containerization is available. 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.
[Amended 2-9-1989 by Ord.
No. 89-2]
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
[Amended 2-9-1989 by Ord.
No. 89-2]
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 and other offensive
material. No person shall sweep into or deposit in any gutter, street,
catch basin or other public place any accumulation of litter from
any public or private sidewalk or driveway. Every person who owns
or occupies property shall keep the sidewalk in front of his premises
free of litter. All sweepings shall be collected and properly containerized
for disposal.
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public places within the
Borough.
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 or contents of 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 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 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.
No person shall throw or deposit litter in any fountain, pond,
lake, stream or any other body of water in a park or elsewhere within
the Borough.
[Added 10-11-1990 by Ord.
No. 90-11]
No person shall discharge material which shall constitute litter
into the atmosphere from any point within the corporate limits of
the Borough of Clayton.
No person in an aircraft shall throw out, drop or deposit within
the Borough any litter, handbill or any other object.
No person shall throw, deposit or store 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 and removal
of the same in such manner that the same shall not be unsightly and
detrimental to the surrounding neighborhood.
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.
[Added 2-9-1989 by Ord.
No. 89-2]
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site within the Borough of Clayton
to permit the accumulation of litter before, during or after 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 receptacles adequate to accommodate flyable and nonflyable
litter, refuse and rubbish at areas convenient to construction areas
and to maintain and empty such receptacles in such a manner and with
such a frequency as to prevent spillage of litter, refuse and rubbish.
[Added 2-9-1989 by Ord.
No. 89-2]
It shall be unlawful for any person to discard or dump on or
off the right-of-way of any street or road or in any place not specifically
designated for the purpose of solid waste storage or disposal within
the Borough of Clayton household or commercial solid waste, rubbish,
refuse, junk, vehicles or vehicle parts, rubber tires, appliances,
furniture or other private property.
[Amended 2-9-1989 by Ord.
No. 89-2[1]]
[Added 9-28-2006 by Ord.
No. 23-2006]
The purpose of this article
is to establish requirements to control littering in the Borough of
Clayton, so as to protect public health, safety and welfare, and to
prescribe penalties for the failure to comply.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
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, cigarette, cigar,
match or any flaming or glowing material or any garbage, trash, refuse,
debris, rubbish, grass clippings or other lawn or garden waste, newspapers,
magazines, glass, metal, plastic or paper containers or 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.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
A.
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
B.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this article, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this article.
This article shall be enforced by the Police Department and/or
other municipal officials of the Borough of Clayton.
