[HISTORY: Adopted by the Mayor and Council of the Borough of Wenonah 1-16-1917. Amended 11-14-1924; 11-14-1994 by Ord. No. 94-9; amended in its entirety 7-28-2005 by Ord. No. O-05-12; amended in its entirety 3-23-2005 by Ord. No. O-06-05; amended in its entirety 11-18-2010 by Ord. No. O-2010-14. Subsequent amendments noted where applicable.]
For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Article 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.
CONTAINERIZED
The placement of leaves in a trash can, bucket, bag or other vessel, such as to prevent the leaves from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
Sweeping, raking, blowing or otherwise placing leaves that are not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection date and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such leaves at the curb or along the street at any other time or in any other manner is a violation of this section. If such placement of leaves occurs, the party responsible for placement of the leaves shall immediately remove the leaves from the street or said party shall be deemed in violation of this section.
Brush and tree limbs shall be in lengths not exceeding 48 inches; in diameter not exceeding six inches; and in weight not to exceed 50 pounds per individual piece. Such brush and/or tree limbs shall be piled neatly at the curb or along the street only during the seven days prior to a scheduled and published collection date, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such brush and/or tree limbs at the curb or along the street at any other time or in any other manner is a violation of this section. If such placement of brush and/or tree limbs occurs, the party responsible for placement of the brush and/or tree limbs shall immediately remove the brush and/or tree limbs from the street or said party shall be deemed in violation of this section.
The provisions of this ordinance shall be enforced by the Borough of Wenonah Police Department; the Public Works Supervisor; or any official or person authorized by Borough Council.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine in an amount not less than $25 nor more than $75; upon a second violation, a fine in an amount not less than $75 nor more than $150; and upon a third or subsequent violation, a fine in an amount not less than $150 nor more than $300; and/or a period of community service not to exceed 10 days. Whenever such person shall have been officially notified or by service of a summons in a prosecution, or in any other official manner, that said person is committing a violation, each day's continuance of such violation after such notification shall constitute a separate offense, punishable by a like fine or penalty.
Should any section, clause, sentence, phase or provision of this ordinance be declared unconstitutional or invalid by a Court of competent jurisdiction, such decision shall not affect the remaining portions of this ordinance.
All prior ordinances or parts of ordinances inconsistent with this ordinance be and the same are hereby repealed to the extent of such inconsistencies.