[Ord. 422, 8/8/2006, § 1]
It is hereby declared and found that litter carelessly deposited
in the Borough is the cause of civic disgrace; that litter is a health,
fire and safety hazard and environmental pollutant; that failure to
properly control and dispose of litter in the Borough creates significant
and unnecessary cleanup and remediation costs to the taxpayer's
detriment and, for all these reasons, should be subject to regulation
and control.
[Ord. 422, 8/8/2006, § 2]
1.
For the purpose of this Part, the following terms, phrases, words,
and their derivation shall have the meaning given herein.
A.
Authorized private receptacle is a container of watertight construction
with a tight fitting lid or cover capable of preventing the escape
of contents within. Such receptacles shall have handles or other means
for safe and convenient handling and be of such size or sufficient
capacity to hold all litter generated between collection periods and
shall be in compliance with such other ordinances and regulations
promulgated by the Borough that do not conflict herewith.
B.
Construction sites means any private or public property upon which
repairs to existing buildings, construction of new buildings, or demolition
of existing structures is taking place.
C.
Handbill is any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet or any other printed
matter of literature which is not delivered by United States mail,
including but not limited to material:
(1)
Which advertises for sale any merchandise, product, commodity,
or thing.
(2)
Which directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales.
(3)
Which directs attention to or advertises any meeting, theatrical
performance, exhibition, or event of any kind for which an admission
fee is charged for the purpose of private gain or profit.
D.
Litter is garbage, refuse, and rubbish and all other waste material
which, if not properly disposed of in the manner as herein prohibited,
tends to create blight, contaminate the environment and/or present
a danger to public health, safety and welfare.
E.
Loading and unloading docks means any dock space or area used by
any moving vehicle for the purpose of receiving, shipping and transporting
goods, wares, commodities and persons located on or adjacent to any
stream, river or land.
F.
Private premises means all property including, but not limited to,
vacant land or any land, building or other structure designed or used
for residential, commercial, business, industrial, institutional or
religious purposes, together with any yard, grounds, walk, driveway,
fence, porch, steps, vestibule, mailbox and other structure appurtenant
thereto.
G.
Public place is any and all streets, sidewalks, boulevards, alleys
or other public ways, lakes, rivers, watercourses or fountains and
any and all public parks, squares, spaces, grounds, and buildings.
H.
Public receptacles means any receptacles provided by or authorized
by the Borough.
I.
Vehicle is every device in, upon or by which any person or property
is or may be transported or drawn upon land or water, including devices
used exclusively upon stationary rails or tracks.
[Ord. 422, 8/8/2006, § 3]
No person shall deposit any litter within the Borough except
in public receptacles, in authorized private receptacles for collection
or in any duly licensed disposal facility.
[Ord. 422, 8/8/2006, § 4]
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent litter
from being carried or deposited by the elements upon any public place
or private premises.
[Ord. 422, 8/8/2006, § 5]
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.
[Ord. 422, 8/8/2006, § 6]
Persons owning, occupying or in control of any public place
or private premises shall keep the sidewalks and alleys adjacent thereto
free of litter, and shall maintain such receptacles as may be required
by the regulations issued promulgated by the Borough Manager.
[Ord. 422, 8/8/2006, § 7]
1.
The owner or person in control of any private premises shall at all
times maintain the premises free of litter.
2.
The owner or person in control of private premises shall, if public
receptacles are unavailable, 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 public place or
private premises.
3.
No owner or person in control of a vehicle shall park or operate
the vehicle in the Borough or allow the vehicle to be parked or operated
in the Borough if the vehicle is leaking oil, fuel or other liquid
pollutant so that it causes staining on and/or contamination to any
Borough roads, bridges, parking lots or rights-of-way.
[Added by Ord. No. 509, 8/8/2017]
[Ord. 422, 8/8/2006, § 8]
1.
No person, while the operator of or passenger in a vehicle, shall
deposit litter upon any public place or private premises.
2.
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, 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 onto or deposit in any public place or private premises, mud,
dirt, sticky substances, litter or foreign matter of any kind.
[Ord. 422, 8/8/2006, § 9]
No person shall 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 or upon any other public place or private
premises. Where receptacles are not provided, all such litter shall
be removed from the park by the person responsible for its presence
and properly disposed of elsewhere in a lawful manner.
[Ord. 422, 8/8/2006, § 10]
1.
Public Places. No person shall deposit or unlawfully sell any handbill
in or upon any public place. Provided, however, that it shall not
be unlawful on any public place for any person to hand out or distribute
without charge to the receiver, any handbill to any person willing
to accept it.
2.
Private Premises. No person shall deposit or unlawfully distribute
any handbill in or upon private premises, except by handing or transmitting
any such handbill directly to the occupant of such private premises.
Provided, however, that in cases of private premises which are not
posted against the receiving of handbills or similar material, such
person, unless requested by anyone upon such premises not to do so,
may securely place any such handbill in such a manner as to prevent
such handbill from being deposited by the elements upon any public
place or private premises, except mailboxes may not be so used when
prohibited by federal postal law or regulations. The provisions of
this Section shall not apply to the distribution upon private premises
only of newspapers and religious or political literature; except that
newspapers and religious and political literature shall be placed
in such a manner as to prevent their being carried or deposited by
the elements upon any public place or private premises.
3.
Placing Handbills on Vehicles. No person shall deposit any handbill
in or upon any vehicle unless the occupant of a vehicle is willing
to accept it.
4.
Cleanup. It shall be the responsibility of any person distributing
handbills to maintain the area which they are utilizing free of any
litter caused by or related to said handbill distribution.
[Ord. 422, 8/8/2006, § 11]
No person shall post or affix any notice, poster or other paper
or device, calculated to attract the attention of the public upon
any public place or private premises, except as may be authorized
or required by law.
[Ord. 422, 8/8/2006, § 12]
1.
Each contractor shall be responsible for the construction site in
such a manner that litter will be prevented from being carried or
deposited by the elements upon any public place or private premises.
2.
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.
[Ord. 422, 8/8/2006, § 13]
The person owning, operating or in control of a loading or unloading
dock shall maintain authorized private receptacles for collection
of litter, and shall at all times maintain the dock area free of litter
in such a manner that litter will be prevented from being carried
or deposited by the elements upon any public place or private premises.
[Ord. 422, 8/8/2006, § 14]
1.
Litter Receptacles Required. Any public place or private premises
containing any provision for parking vehicles shall be equipped with
litter receptacles in compliance with this Section. Such premises
shall include but not be limited to such places as shopping centers,
outdoor theaters, drive-in restaurants, gasoline service stations,
apartment developments, parking lots, and any other place where provision
is made for vehicles to stop or park in a designated area for any
purpose.
2.
Number of Receptacles. All premises having parking lots shall provide
in an easily accessible location, a minimum of two refuse containers
for up to 25 spaces and at least one additional refuse container for
every 50 additional parking spaces.
3.
Specifications. Litter receptacles shall have tight fitting lids
or tops and shall be weighted or attached to the ground or other fixed
structures as necessary to prevent spillage. A minimum litter container
size of 20 gallons shall be used with all containers being an easily
identifiable color with proper markings indicating litter receptacles.
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Cleanliness. Premises used for the purpose designated herein
shall be kept in a litter free condition and all litter shall be removed
periodically from the receptacles so that they remain usable at all
times.
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Obligation to Use Receptacles. It shall be the duty and obligation
of all persons using parking areas to use such litter receptacles
as herein above provided, for the purposes intended and it shall be
unlawful for any person or persons to deposit upon any such parking
lot any litter.
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[Ord. 422, 8/8/2006, § 14]
Any person, firm or corporation violating any provision of this
Part shall be fined not less than $50 nor more than $500, plus the
cost of prosecution for each offense; and a separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues. A violator in default of payment of such fine and costs
shall be subject to imprisonment in the county jail for a term not
to exceed 30 days.
