Township of Tobyhanna, PA Chapter 93 Litter and Illegal Dumping

[HISTORY: Adopted by the Board of Supervisors of the Township of Tobyhanna 8-20-2019 by Ord. No. 552. Amendments noted where applicable.]

§ 93-1 Short title.

This chapter shall be known and may be cited as the "Litter and Illegal Dumping Control Ordinance" ("Ordinance").

§ 93-2 Offense defined.

Scattering rubbish. A person is guilty of an offense if he or she:

A. Causes wastepaper, sweepings, ashes, household waste, glass, metal, refuse or rubbish, or any dangerous or detrimental substance to be deposited into or upon any road, street, highway, alley or railroad right-of-way, or upon the land of another or into the waters of this commonwealth.

B. Interferes with, scatters, use of an inappropriate receptacle or disturbs the contents or enables wildlife access to any receptacle containing ashes, garbage, household waste, or rubbish; or

C. Is the owner or operator, or an agent of either, of a trash, garbage or debris collection vehicle, including private automobiles and small trucks, or any other type of vehicles used to collect or transport trash, garbage or debris, who knowingly causes to be deposited or deposits the vehicles' load or any part thereof upon any road, street, highway, alley or railroad right-of-way, or upon the land of another or into the waters of this commonwealth.

§ 93-3 Violations and penalties.

Penalty or penalties.

A. A person who violates § 93-2A or B is guilty of a summary offense for the first offense and upon conviction thereof shall be sentenced to pay a fine of not less than $50 nor more than $300 and be required to pick up litter or illegally dumped trash for not less than five nor more than 30 hours to be completed within six months, or to imprisonment for not more than 90 days, or both.

B. A person who violates § 93-2A or B is guilty of a misdemeanor of the third degree for the second and subsequent offense and upon conviction thereof shall be sentenced to pay a fine of not less than $300 nor more than $1,000. The person may also be sentenced to imprisonment or be required to pick up litter or illegally dumped trash for not less than 30 nor more than 100 hours to be completed within one year.

C. A person who violates § 93-2C is guilty of a misdemeanor of the second degree for the first offense and upon conviction thereof shall be sentenced to pay a fine of not less than $500 nor more than $5,000. The person also may be sentenced to imprisonment or to perform a community service for a period not to exceed two years.

D. A person who violates § 93-2C is guilty of a misdemeanor of the first degree for the second or subsequent offense and upon conviction thereof shall be sentenced to pay a fine of not less than $1,000 nor more than $10,000. The person may also be sentenced to imprisonment or to performing a community service for a period not to exceed five years.

§ 93-4 Other provisions.

A. Arrest powers. A police officer shall have the same right of arrest without a warrant as in a felony whenever the officer has probable cause to believe the defendant has violated § 93-2C, although the offense did not take place in the officer's presence. A police officer may not make a warrantless arrest pursuant to this section without first observing recent evidence of a § 93-2C offense or other corroborative evidence.

B. Responsibility for costs. The operator, owner or agent of any vehicle, equipment or conveyance, including private automobiles and small trucks, violating this chapter shall be responsible for any costs incurred and properly disposing of waste in the vehicle, equipment or conveyance as well as the scattered rubbish.

C. Exception. Section 93-2C does not apply to the lawful depositing of waste at any site regulated by the Department of Environmental Protection and the Monroe County Municipal Waste Management Plan and Ordinance.

D. Other available rights and remedies. The preceding specified in this section shall not, in any way, limit the right of the Township to exercise any rights or remedies otherwise provided by law.

E. Litter enforcement corridor. All roadways under the control of the Township are hereby designated as being within the Township's litter enforcement corridor and subject to the terms and penalties set forth herein.