[HISTORY: Adopted by the Mayor and Council of the City of
Washington as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-2-1973 by Ord. No. 1131 (Ch. 10, Part 8, of the
1986 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
Any individual, partnership, firm, corporation or organization
of any type.
Any street, road, highway or alley open to the public in
the City of Washington, Pennsylvania.
It shall be unlawful for any person, whether acting for himself
or itself or as a contractor or subcontractor or as a representative
for another, during the course of any hauling, moving or transporting
by vehicle, to drop, deposit or cause to be dropped or deposited on
any public street within the City any earth, dirt, debris, fill, building
materials, or any material whatsoever from the bed or carriage or
from the wheels, tires or other part of said vehicle being employed
in the hauling, moving or transporting thereof.
During the course of any hauling, moving or transporting of
earth, dirt, debris, fill, building materials, or any other material
whatsoever on any public street within the City by any person, if
any earth, dirt, debris, fill, building materials, or any other material
whatsoever is dropped or deposited or is caused or allowed to be dropped
or deposited by said person on any public street within the City,
whether from the bed or carriage of the vehicle being employed in
said hauling, moving, transporting, or from the wheels, tires or other
part thereof, the same shall be considered a nuisance, and the person
so dropping or depositing said material, or causing or allowing it
to be dropped or deposited, shall immediately remove the same from
the public street. In the event said person does not cause the immediate
removal of said earth, dirt, debris, fill, building materials or other
material whatsoever, so dropped or deposited, from said public street,
said persons shall be in violation of this article and subject to
its penalties.
In addition to other penalties herein provided, the City may
proceed in a court of equity or law to obtain an injunction or other
remedy to enjoin violations or to enforce the provisions of this article.
[Amended 4-24-1986 by Ord. No. 1356; 12-7-2006 by Ord. No. 1766]
A.
Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B.
Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C.
Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the article or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the article.
[Adopted 7-15-1982 by Ord. No. 1299 (Ch. 6, Part 4, of the
1986 Code of Ordinances)]
This article shall be known and may be cited as "The City of
Washington Anti-Litter Ordinance."
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein.
The word "shall" is always mandatory and not merely directory.
Putrescible (liable to become putrid) 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 or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
A park, reservation, playground, beach area, recreation center
or any other public area in the City owned or used by the City and
devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling, 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,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
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, including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
vehicles, and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as, but not limited to. papers, wrappings,
cigarettes, cardboard, tin cans, yard clippings, leaves, dead tree
limbs or any other vegetation, wood, glass, bedding, crockery and
similar materials.
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the City except in public receptacles
or in private receptacles for collection.
No person shall sweep into or deposit in any gutter, street
or other public place within the City 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 within
the City the accumulation of litter from any public or private sidewalk
or driveway. Persons owning or occupying places of business within
the City shall keep the sidewalk in front of their business premises
free of litter.
No person shall throw or deposit litter in any park within the
City 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 fountain, pond,
lake, stream, bay or any other body of water in a park or elsewhere
within the City limits.
No person shall post or affix any notice, poster or other poster,
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 City, 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 a 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 shall
at all times maintain the premises free of litter; provided, however,
that this article 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
public or private property within the City, whether owned by such
person or not.
[Amended 4-24-1986 by Ord. No. 1356]
A.
Enforcement of this article may be accomplished by the City in any
manner authorized by law, and in addition any person who by reason
of another's violation of any provisions of this article suffers
special damage to himself different from that suffered by other property
owners throughout the City generally may bring an action to enjoin
or otherwise abate an existing violation.
B.
Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
[Amended 12-7-2006 by Ord. No. 1766]
C.
Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
[Added 12-7-2006 by Ord. No. 1766]
D.
Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include, but
not be limited to, an action in the Court of Common Pleas of Washington
County, Pennsylvania for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the article or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the article.
[Added 12-7-2006 by Ord. No. 1766]
[Amended 4-24-1986 by Ord. No. 1356]
The Board of Health, or the Health Officer acting as the representative
thereof, is hereby authorized to give notice, by personal service
or by United States Mail, to the owner or occupant, as the case may
be, of any premises whereon litter is remaining in violation of the
provisions of this article, directing and requiring such occupant
to dispose of said litter so as to conform to the requirements of
this article within 10 days after issuance of such notice. Whenever,
in the judgment of the Health Officer, it shall appear to be impracticable
to give the notice provided, either because the owner or occupant
cannot readily be found or because a search for the owner or occupant
would entail unreasonable delay, the Board of Health or the Health
Officer acting as representative thereof may give notice by posting
on the property where such nuisance exists a notice or order directing
and requiring that such nuisance be abated within 10 days. In case
any person, firm or corporation shall neglect, fail or refuse to comply
with such notice within the period of time stated therein, the Board
of Health may order the disposal of said litter, and the cost thereof,
together with a penalty of 10% of the cost thereof, shall be collected
by the City of Washington from such person, firm or corporation in
the manner provided by law.
[Added 4-24-1986 by Ord. No. 1356]
The owner or occupant of any premises may appeal before the
Board of Health a notification from the Health Officer to dispose
of said litter. Application for appeal may be made when it is claimed
that the true intent of this article has been incorrectly interpreted
or the provisions of this article do not fully apply. Application
for an appeal hearing must be in writing, setting forth a brief statement
of the grounds therefor, and submitted to the Secretary of the Board
of Health within 10 days after the notice was served. Appeals shall
be heard at the public monthly meeting of the Board of Health, providing
that the meeting is not scheduled sooner than five days after the
request was received. In such a case, the Board of Health may call
a special meeting to hear the appeal or schedule the appeal for the
next monthly meeting.
[Added 4-24-1986 by Ord. No. 1356]
The applicant shall be notified of the hearing date and shall
be given the opportunity to be heard and to show why such notice should
be modified or withdrawn. When three members of the Board are not
present to consider a specific appeal, either the appellant or the
Health Officer may request a postponement. A postponement may also
be granted if the appellant has submitted a good and sufficient reason
for such postponement. The Board shall affirm, modify or reverse the
decision of the Health Officer by a concurring vote of three members.
Every action of the Board of Health shall be a resolution, and certified
copies shall be furnished to the appellant and the Health Officer.
Failure to secure three concurring votes shall be deemed a confirmation
of the decision of the Health Officer, except that the appellant shall
be entitled to a further hearing before the full Board if there were
not five members present when the vote was taken. The Health Officer
shall immediately take action in accordance with the decision of the
Board.
[Added 4-24-1986 Ord. No. 1356]
Any person aggrieved by a decision of the Board of Health may
apply to the appropriate court of jurisdiction within 15 days after
the filing of the Board's decision in the office of the Health
Officer.
