[HISTORY: Adopted by the Borough Council of the Borough of
Dalton 9-10-1987 by Ord. No. 5-1987. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any printed or written matter, sample, device, circular,
leaflet, pamphlet, paper, magazine, booklet or other printed or otherwise
reproduced original or copy of any matter or material which advertises
for sale any product or directs attention to any business, mercantile
or commercial establishment or activity or any meeting, theatrical
performance, exhibition or event of any kind.
Includes garbage, refuse, ashes, rubbish 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, square, playground, pool, recreation center or other
public area in the municipality owned or used by the municipality
and devoted to recreation.
Any dwelling, house, building or other structure or parking
lot designed or used either wholly or in part for residential, industrial
or commercial purposes, whether inhabited or temporarily or continuously
uninhabited or vacant, including any yards, grounds, walks, driveways,
porches, steps, vestibules or mailboxes appurtenant to such premises.
All streets, sidewalks, boulevards, alleys or other public
ways and all public parks, squares, spaces, grounds and buildings.
A receptacle placed by the municipality at various locations
for the reception of litter, other than household or commercial refuse.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway.
No person shall place, throw, drop or deposit litter in or upon
any street, sidewalk, park, stream or other body of water or other
place within the municipality, except in public receptacles or in
authorized private receptacles.
No person shall place or deposit litter in public receptacles
or authorized private receptacles except in such manner as to prevent
it from being scattered or carried by the elements to any street,
sidewalk or other public place or upon private premises.
No person in a vehicle shall throw or deposit litter upon any
street, sidewalk or other public place or private premises. No person
shall operate a truck or other vehicle unless such vehicle is so constructed
or loaded as to prevent its contents from falling, being blown or
deposited upon any street or public place. No person shall throw out,
drop or deposit any litter, handbill or other object from aircraft
so as to cause it to fall within the municipality.
Persons owning or occupying private premises shall make reasonable
efforts to keep the sidewalks in front of such premises free of litter.
No person shall sweep into or deposit in any gutter, street or public
place the accumulation of litter from any building or lot or from
any public or private sidewalk or driveway.
The owner or person in control of any private premises shall
at all times maintain the premises free from litter. No person shall
throw or deposit litter on any private premises or on any open or
vacant lot or premises, whether or not owned or controlled by such
person, except that such owner or person in control may maintain authorized
private receptacles for deposit, collection or temporary storage of
litter.
No person shall place or deposit any handbill in or upon any
vehicle or premises without the acceptance thereof by the owner or
occupant of such vehicle or premises, provided that this section does
not prohibit or otherwise regulate the delivery of any matter by the
United States Postal Service.
The dumping, throwing or placing of ashes, scrap, garbage, rubbish
or refuse of any kind within the municipality, by any person, is hereby
declared to be a nuisance and is prohibited.
The dumping of household or commercial refuse within the municipality
into a public receptacle or into another private receptacle without
the owner's permission by any person is hereby declared a nuisance
and is prohibited.
If any person, parent or adult knowingly permits a minor child
to commit any violation of this chapter or knowingly permits the minor
to commit acts of vandalism, the parent or adult shall be responsible
for any costs which may be incurred by the municipality or any designated
sponsored group in abating the nuisance or repairing the vandalized
property.
No person shall steal, upset, mutilate, deface or tamper with
public or private receptacles or cause the contents thereof to be
spilled or scattered in or upon any public place or private premises.
If any provision of this section is violated, the person or firm shall
be required to pay incurred costs for repairing the damage, in addition
to any penalties hereafter prescribed.
All litter that is subject to movement by the elements shall
be secured by the owner and/or occupant of the premises prior to the
regularly scheduled pickup before the litter is scattered by the elements
to adjoining public or private places.
The general contractor in charge of any construction or demolition
site shall maintain the site in such a manner that litter will be
prevented from being scattered by the elements to adjoining premises.
All litter from construction, demolition or any related activities
shall be picked up at the end of each workday and placed in containers
in order to prevent scattering either on or to adjoining premises.
Each day that the provisions of this section are violated shall be
considered a separate and additional violation.
The person owning, operating or in control of a loading or unloading
dock shall at all times maintain the dock area free of litter in such
a manner that litter will be prevented from being carried by the elements
to adjoining premises.
No person shall place, throw, drop, dump or deposit litter in
any or along the banks of any river, stream or other body of water
within the municipality.
A.
Any person
who violates or permits a violation of this chapter shall, upon conviction
in a summary proceeding 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 undergo imprisonment
for not more than 30 days, provided that each violation of any provision
of this chapter and each day the same is continued shall be deemed
a separate offense.[1]
B.
Any person, firm or corporation who violates any of the provisions
of this chapter shall be issued a "litter offense notice," which shall
be a form delivered by the Borough's Treasurer. The violator shall
be required to pay the appropriate fine or penalty at the Municipal
Building within 10 days from the notice of violation. The failure
to make said payment within 10 days shall result in a summons being
issued in accordance with law.
The Borough's Treasurer may open a special account to be
known as the "anti-litter account," and any funds derived from violations
of this chapter shall be deposited in this account. Said funds shall
be used to promote and effect this chapter.
The Borough Council is hereby authorized to designate the appropriate
municipal employees to enforce the provisions of this chapter.
