[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Pottsgrove 7-26-1971 by Ord. No. 49 (Ch. 6, Part 2, of the 1993 Code). Amendments noted where applicable.]
For the purpose of this chapter, the following words shall have the following meanings:
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Garbage, refuse, and rubbish as defined herein and all other waste materials which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
- All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles, and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, glass, bedding, crockery and similar materials.
No person shall sweep, throw or deposit litter in or upon any occupied, open or vacant property, whether owned by such person or not, or in or upon any street, sidewalks, park or other public place, or any pond, lake, stream or other body of water within Upper Pottsgrove Township, except in public receptacles or private receptacles for collection, or in a properly authorized dump. Persons placing litter in public receptacles or in private receptacles for collection shall do so in such 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.
No person, including merchants owning or occupying a place of business, shall sweep into or deposit in any gutter, street or other public place within Upper Pottsgrove Township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks and gutters in front of their premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Township, or upon private property.
No person shall drive any truck or other vehicle within the Township unless the vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in private receptacles for collection.
The Commissioners of Upper Pottsgrove Township, their agents or employees are authorized and empowered to notify the owner, lessee or other person occupying or in control of property within the Township, or the agent of such person, to properly dispose of litter located on such property. The notice shall be by mail addressed to the aforementioned person at his last known address.
If such person so notified refuses to comply with the notice within 48 hours, the Commissioners of Upper Pottsgrove Township may remove and dispose of such litter. The expense of removal and disposal shall be paid by the owner, lessee or other person occupying or in control of said property and shall be a lien upon the land for which a lien may be filed by the Board of Commissioners, in the name of the Township, in the Court of Common Pleas of Montgomery County within six moths from the date of the completion of the work of removal and disposal, subject to the same proceedings for entry and revival of judgment and execution as are provided by law for other municipal liens.
The Commissioners of Upper Pottsgrove Township may also maintain an action against such owner or occupant in the name of the Township to recover the amount of such expense in the same way as debts of like amount are by law recoverable, and the same, when recovered either by enforcement of lien or by personal action, shall be paid to the Township Treasurer to be held and used for Township purposes.
[Amended 3-8-1993 by Ord. No. 243]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.