[HISTORY: Adopted by the Borough Council of the Borough of
Millvale 10-14-1986 by Ord. No. 1708. Amendments noted where applicable.]
This chapter shall be known and may be cited as "Millvale Litter
Ordinance."
The following words and phrases when used in this chapter shall
have the meaning ascribed to them in this section, except where the
context clearly indicates or requires a different meaning:
Any combustible and noncombustible waste materials, including
but not limited to the following: bottles, cans, containers (including
those that contained food for human consumption), wrappers, wastepaper,
cigarette and cigar butts and ashes, rages, glass, cardboard, metal,
wine, grass clippings, tree limps, branches, leaves, shrub cuttings,
decaying vegetation, ashes, building materials resulting from demolition,
alterations, construction or repair of buildings, dirt, kitchen refuse,
oil, dirt, parts of automobiles, tires, furniture or parts thereof,
appliances or parts thereof, waste, garbage and rubbish.
Any person who alone, jointly or severally with others, shall
have legal title or equitable title to any dwelling unit, with or
without accompanying actual possession thereof and shall include his
such person's duly authorized agent or attorney, devisee, fiduciary
and any person having a vested or contingent interest in the property
in question.
A corporation, firm, partnership, association, organization,
or any other group acting as a unit, as well as individuals. "Person"
shall also include an executor, administrator, trustee, receiver or
other representative appointed according to law. Whenever the word
"person" is used in any section of this chapter prescribing a penalty
or fine, as to partnerships or associations, the word shall include
the partners, employees or members thereof, and as to corporations,
the word shall include the officer, agents, employees or members thereof,
who are responsible for any violation of such section.
Any and all streets, sidewalks, boulevards, alleys or other
public ways, rivers, creeks, streams, ponds, dammed water, watercourses,
fountains or other body of surface or underground water (whether natural
or artificial), and any and all public parks, squares, spaces, grounds
and buildings.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon rails or tracks.
No person shall throw, drop, push, place, sweep, or otherwise
deposit in any manner onto any public place, or into any gutter or
sewer, or onto any vacant lot or the private premises of another situate
within or on the boundaries of the Borough, any litter.
A.
The prohibitions contained in this section are applicable to situations
where litter, which is initially deposited outside of the Borough's
boundaries, comes on or within the boundaries of the Borough.
B.
This does not prohibit the placing of litter in receptacles, public
or private, for garbage and rubbish collection purposes.
The owner or person occupying any land or building fronting
on a street, alley or public sidewalk shall keep the street gutters
and sidewalks adjacent thereto free and clear of litter.
All commercial and business establishments, as well as the property
owners, tenants and agents thereof shall keep the sidewalks, driveways,
lots, parking areas, loading areas, and entrance ways adjacent to
their property, from the building line to the curb, clear, clean and
free of litter, Monday through Saturday, between the hours of 9:00
a.m. and 5:00 p.m. or during their normal business hours, whichever
is the greater period of time. This does not, however, prohibit the
storage of such litter in an approved receptacle for garbage and rubbish
collection purposes.
Persons placing litter in public or private receptacles shall
do so in such a manner so 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.
The owner or person in control of any private premises shall
at all times maintain the premises free of litter.
No person shall sweep into or deposit in any gutter, sewer or
public place within the Borough an accumulation of litter.
A.
No person shall, while the operator of or passenger in a vehicle,
deposit litter upon any public place or private premises.
B.
No person
shall drive or move any loaded or partly loaded truck or other vehicle
within the Borough unless such vehicle is so constructed or loaded
as to prevent any part of its 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 unto or deposit in any public place
or private premises, mud, dirt, sticky substances, litter or foreign
matter of any kind.
A.
Each contractor shall be responsible for the job site so that litter
will be prevented from being carried or deposited by the elements
on any public place or other private premises.
B.
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 by the contractor.
Whenever it is reported to the Borough of Millvale that any owner or person occupying any land or building within the Borough of Millvale has failed or neglected to comply with § 183-4 or 183-8 above, the Borough Secretary shall cause a written notice to be served upon the owner and/or occupant directing compliance with all the terms of this chapter within three days. This section shall not be applicable if the owner and or person occupying real estate is the entity depositing the litter.
A.
Notice may be served by hand delivery, certified mail, return receipt
requested, leaving the same at the principal building upon the premises,
or by posting the same conspicuously on the premises.
B.
In the event an owner or person occupying any land or building fails to comply with the written notice as provided above, the Borough may have the litter removed and bill the person owning and/or occupying for the cost thereof. In the event such person fails to pay the bill in full within 10 days of receipt thereof, the Borough may prosecute, pursuant to § 183-13, file a civil action for collection thereof, or have the same entered by the Borough as a lien against such property in accordance with existing provisions of law.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Borough lockup
for a period not exceeding 10 days or to the county jail for a period
not exceeding 30 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.[1]
B.
Where
the person in violation is a firm, partnership, association, organization
or unincorporated company, the fine and penalty may be imposed upon
any of the partners, employees or members thereof; and in the case
of a corporation, upon any of the officers or employees thereof.
