[Amended 12-13-04 by Ord. No. 22-04]
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, 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.
A. GARBAGE — Putrescible animal and vegetable waste resulting
from the handling, preparation, cooking and consumption of food.
B. LITTER — Any used or unconsumed substance or waste material
which has been discarded, whether made of aluminum, glass, plastic,
rubber, paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
C. LITTER RECEPTACLE — A container suitable for the depositing
of litter.
D. PERSON — Any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
E. PUBLIC PLACE OR PUBLIC PROPERTY — All streets, sidewalks, boulevards,
alleys, beaches or other public ways, and all public parks, squares,
spaces, docks, grounds, and buildings.
F. REFUSE — All putrescible and nonputrescible solid waste (except
body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and solid market and industrial
waste.
G. RUBBISH — Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery,
and similar materials.
H. VEHICLE — Every device in, upon, or by which any person or
property is or may be transported or drawn upon a highway, including
devices used exclusively on stationary rails or tracks.
[Amended 12-13-04 by Ord. No. 22-04]
A. It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
B. Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this chapter, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this chapter.
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in a manner which prevents the litter
from being carried or deposited by the elements upon a public place
or upon private property.
No person, including merchants owning or occupying a place of
business, shall sweep into or deposit in a gutter, road, right-of-way
or other public place within the borough the accumulation of litter
from a building or lot or from a public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
No person while a driver or passenger in a vehicle shall throw
or deposit litter in or upon any public or private property.
No person shall bring, cart, remove, transport or collect any
litter from outside the borough and bring it into the borough for
the purpose of dumping or disposing thereof. No truck or other vehicle
containing litter which has been transported into the borough shall
be parked or allowed to remain standing on any street in the borough
or in any public property for a period in excess of two hours.
Advertisements, handbills, circulars and papers may be distributed
in the borough only if they are so securely placed at each dwelling
that they will not be thrown away by the wind; otherwise no person
shall place any advertisement, handbills, circular or paper on or
in any public street, sidewalk, building or vehicle within the borough.
A. Throwing or distributing commercial handbills in public places. No
person shall throw or deposit any commercial or noncommercial handbill
in or upon any sidewalk, street or other public place within the borough;
nor shall any person hand out, distribute or sell any commercial handbill
in any public place; provided, however, that it shall not be unlawful
on any sidewalk, street or other public place within the borough for
any person to hand out or distribute, without charge to the receiver,
any noncommercial handbill to any person willing to accept it.
B. Placing commercial and noncommercial handbills on vehicles. No person
shall throw or deposit any commercial handbill in or upon any vehicle;
provided, however, that it shall not be unlawful in any public place
for a person to hand out or distribute, without charge to the receiver
thereof, a noncommercial handbill to any occupant of a vehicle who
is willing to accept it.
C. Depositing commercial and noncommercial handbills on uninhabited
or vacant premises. No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
D. Prohibiting distribution of handbills where property posted. No person
shall throw, deposit or distribute any commercial or noncommercial
handbill upon any private premises if requested by anyone thereon
not to do so or if there is placed on the premises in a conspicuous
position near the entrance a sign bearing the words "No trespassing,"
"No Peddlers or Agents," "No Advertisement" or any similar notice,
indicating in any manner that the occupants of the premises do not
desire to be molested or have their right of privacy disturbed or
to have any handbills left upon the premises.
E. Distributing commercial and noncommercial handbills at inhabited
private premises. No person shall throw, deposit or distribute any
commercial or noncommercial handbill in or upon private premises which
are inhabited, except by handling or transmitting the handbill directly
to the owner, occupant or other person then present; provided, however,
that in the case of inhabited private premises which are not posted
as provided in this section, the person, unless requested by anyone
upon the premises not to do so, shall have the authority to place
or deposit the handbill in or upon the inhabited private premises,
if the handbill is so placed or deposited as to secure or prevent
it from being blown or drifted about the premises or sidewalks, streets
or other public places. Mailboxes may not be so used when prohibited
by federal postal law or regulations.
F. Exemptions for mail and newspapers. The provisions of the section
shall not apply to the distribution of mail by the United States nor
to newspapers.
[Amended 3-16-1983 by Ord. No. 83-1;3-15-1995 by Ord. No. 95-11; 7-8-02 by Ord. No. 02-23]
Maximum penalty. Any person violating any part of this chapter shall, upon conviction thereof, be liable to the penalty provided by Chapter
1, Article
III.