[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.
AIRCRAFT
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.
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle as used by the citizens of Polk Township to convey litter to trash haulers for collection.
CONSTRUCTION DEBRIS/WASTE
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.
GARBAGE
Perishables and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
HANDBILL
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:
A. 
Which advertises for sale any merchandise, product, service, commodity or thing;
B. 
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;
C. 
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
D. 
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.
LITTER
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.
NEWSPAPER
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.
PARK
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.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
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.
PUBLIC PLACE
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.
VEHICLE
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.