For purposes of this Part, the following words shall have the
following meanings:
Refuse and rubbish as defined herein, and all other waste
materials, including but not limited to animal waste, grass clippings,
leaf waste and yard material, which, if thrown or deposited as herein
prohibited, tend to create a danger to public health, safety and welfare
or negatively impact the aesthetics of the Borough of Pottstown.
All putrescible and nonputrescible solid wastes (except body
wastes), including, but not limited to, garbage, rubbish, ashes, street
cleaning, dead animals, abandoned vehicles, appliances, furniture,
or parts thereof, and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, plastics, wrappings, cigarettes,
cardboard, tin cans, glass, bedding, crockery and similar materials.
[Ord. 2090, 12/12/2011]
No person shall throw, sweep, or otherwise deposit litter in
or upon any street, sidewalk, or other public place within the Borough
of Pottstown except in public receptacles or private receptacles for
collection. Persons placing litter in public receptacles or private
receptacles for collection shall do so in such 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.
[Ord. 2090, 12/12/2011]
No person shall sweep into or deposit in any gutter, street
or other public place within the Borough of Pottstown 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 sidewalks
and gutters in front of their premises free of litter at all times.
[Ord. 2090, 12/12/2011]
The owner, occupant and/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 private receptacles for collection.
[Ord. 2090, 12/12/2011]
1.Â
The Borough of Pottstown, through its agents or employees, is authorized and empowered to notify the owner, lessee or other person occupying or in control of property within the Borough to properly dispose of litter on the property. The form of the notice shall be as prescribed in § 215.1A of Chapter 1, Administration and Government, of the Code of Ordinances of the Borough of Pottstown. The content of the notice shall indicate the time, date, place and substance of the violation with a time period to correct the violation, which period of time shall not exceed 48 hours.
2.Â
If such person so notified fails to comply within the time frame
specified in the notice, the Borough may remove and dispose of such
litter. The expense of removal and disposal shall be paid by the owner,
lessee or other person occupying or in control of said property and
there shall be a lien upon the land for which a lien may be filed
in the name of the Borough in the Court of Common Pleas of Montgomery
County within six months from the date of completion of the work or
removal and disposal, subject to the same proceedings for entry and
revival of judgment and execution as provided by law for other municipal
liens.
3.Â
The Borough of Pottstown may also maintain an action against such
owner or occupant in the name of the Borough to recover the amount
of such expense through a civil action.
[Ord. 2090, 12/12/2011]
Any person who shall violate any provision of this Part shall,
upon conviction, be sentenced to pay a fine not exceeding $600, plus
costs. Each day that a violation of this Part continues shall constitute
a separate offense.
