[HISTORY: Adopted by the Board of Supervisors of the Township
of Polk 9-13-2010 by Ord. No. 2010-05. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Polk Township
Non-Litter Ordinance."
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft"
shall include helicopters, lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle as used by the
citizens of Polk Township to convey litter to trash haulers for collection.
Any refuse consisting of building materials, including but
not limited to wood, drywall, plaster, shingles, flooring, glass,
carpeting, and any and all other by-products of construction and demolition.
Perishables and vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper booklet, or any other printed or
otherwise reproduced original or copies of any matter or literature:
Which advertises for sale any merchandise, product, service,
commodity or thing;
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;
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; or
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement, and is
distributed or circulated for advertising purposes, for the private
benefit and gain of any person so engaged as advertisers, services
for hire, or for the private benefit and gain of any person so engaged
as advertiser or distributor.
Garbage, refuse or rubbish, paper products, discarded plastic,
cans, containers, leaves, yard waste, and all other waste material
which, if thrown or deposited, may be a danger to the public health,
safety and welfare of the public.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the United States Postal Service,
in accordance with federal statue or regulation, and any newspaper
filed and recorded with any recording officer as provided by general
law and shall also mean and include any periodical or current magazine
regularly published with not less than four issues per year and sold
to the public.
Any park, playground, nature area, recreation area or any
other public area in Polk Township, owned or used by the Township
and devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any house, building or structure designed or used for private
residential purposes, whether inhabited or temporarily or continuously
uninhabited or vacant, including any yard, grounds, walk, driveway,
porch, steps, mailbox belonging or appurtenant to such dwelling, house,
building, or other structure.
Any area open to or accessible by the public, including roadways,
parks, sidewalks, and any area members of the public may enter upon
without the express permission of the owner.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway.
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Township except in public
receptacles or in authorized receptacles for collection.
A person placing litter in public receptacles or in authorized
private receptacles shall do so in such a 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. All litter must be
within a completely enclosed container at all times. Litter or solid
waste cannot be placed outside the receptacle or overflowing from
the top of the container or dumpster in order to prevent scattering.
No person shall sweep, rake or deposit litter or yard waste
in any gutter, swale, street or other public place within Polk Township.
Any person owning or occupying property within Polk Township
shall keep all yard areas on their premises free of litter or waste.
All solid waste or litter shall be removed on a regular basis and
contained within a durable, solid container. Yard waste may be composted
or retained on private property. All recyclable items shall be stored
in an enclosed, durable container. All household waste shall be properly
stored in a solid container and disposed of in a timely manner. Any
ash pile must be contained within a burn barrel and/or properly disposed
of.
Any person owning or occupying places of business within the
Township shall keep any sidewalk or walkway or parking area on their
property free of litter.
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter from said vehicle.
No person shall throw or deposit litter in any park or Township
property except in public receptacles and in such a manner that the
litter will be prevented from being carried or deposited by the elements.
Garbage or litter left at the gate or fence of the Township recycling
facility is prohibited. 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 or contractor shall deposit or dump construction debris
or construction waste onto private or public property. Litter or construction
waste must be deposited into a dumpster or enclosed container.
No person shall throw or deposit litter in any fountain, pond,
lake, stream or any other body of water on public or private property.
No person shall throw or deposit any handbill in or upon any
vehicle on public or private property.
A.
No person shall throw or deposit any handbill in or upon any private
premises which are inhabited, uninhabited or vacant. Phone books may
be deposited on inhabited properties only.
B.
The provisions of this section shall not apply to the distribution
of mail by the United States Postal Service, or to newspapers or flyers
containing political and religious information, or to a contracted
vendor providing a delivery to a business or residence.
No person shall drive or move any truck or other vehicle within
the Township unless such vehicle is so operated, constructed and loaded
so as to prevent any load, contents or litter from being blown or
deposited upon any street, alley or other public or private place.
A person may not drive or move any vehicle within the Township that
causes mud, dirt, sticky substances, litter or foreign matter to be
deposited onto any public or private street or Township property.
No person in an aircraft shall throw out, drop or deposit within
the Township any litter, handbill or any other object.
No person shall deposit clothing, shoes or litter outside of
any collection box (such as Salvation Army or Goodwill) or place items
as to cause overflowing from a collection box. The litterer, owner
of the box and the real property owner are all equally responsible
to prevent such illegal littering.
No person shall affix any handbill, yard sale sign, etc. to
any utility pole, public sign post or tree either on public or private
property. "No Trespassing," "No Hunting" and similar signs may be
erected at any time.
A.
Notice to remove. The Township Board of Supervisors or its agents
are hereby authorized and empowered to notify the owner of any private
property within the Township or agent of such property within the
Township or the agent of such property to dispose of litter located
on such owner's property which is dangerous to public health,
safety, the environment or the public welfare. Such notice shall be
by certified and regular mail, addressed to said owner at the owner's
last known address as shown on the tax assessment records.
B.
Action upon noncompliance. Upon the failure, neglect or refusal on any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within the 10 days after receipt of written notice provided for in Subsection A above, or within 10 days after the date of such notice in the event the same is returned to the Township Supervisors because of inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, or agent, the Township Supervisors are hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Township.
C.
Charge for removal. When the Township has effected the removal of
such dangerous litter or has paid for its removal, the actual cost
thereof, plus accrued interest at 6% per annum from the date of the
completion of the work, if not paid by such owner prior thereto, shall
be charged to the owner of such property and forwarded to said owner
at the owner's last known address by certified and regular mail.
D.
Recorded statement constitutes lien. Where the full amount due the Township is not paid by such owner within 10 days after the disposal of such litter, as provided for in Subsections A and B above, then, and in that case, the Township Supervisors shall cause to be recorded a municipal lien in the Office of the Prothonotary of Monroe County, at Stroudsburg, Pennsylvania, showing the cost and expense incurred for the work, and the date the work was done and the location of the property on which said work was done. Such lien shall remain in full force and effect for the amount due in principal and interest plus court costs, if any, for collection until final payment has been made. Municipal liens recorded in accordance with all provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property as described in the statement and that the same is due and collectible as provided by law.
No person shall deposit or store litter, garbage, recyclables
on a trailer or within a vehicle which is parked on private or public
property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 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.
The Polk Township Board of Supervisors shall appoint an employee
of the Township as Enforcement Officer under this chapter. Such Officer
shall have the full authority to enforce the chapter, including the
issuance of citation to violators.
