[HISTORY: Adopted by the Mayor and Council of the Borough of Alpha 7-26-1966
by Ord. No. 178 (Ch. 74 of the 1974 Code); amended in its
entirety at time of adoption of Code (see Ch. 1, General Provisions, Art.
I). Amendments noted where applicable.]
The following definitions shall apply in the interpretation of this
chapter:
Any contrivance now known or hereafter invented, used or designed
for navigation or for flight in the air. The word "aircraft" shall include
helicopters and lighter-than-air dirigibles and balloons.
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 of literate which:
Advertises for sale any merchandise, product, commodity or service.
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.
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, but the terms of this clause shall
not apply where an admission fee is charged or a collection is taken up for
the purpose of defraying the expenses incidental to any meeting, theatrical
performance, exhibition or event of any kind.
Any animal and vegetable wastes resulting from the handling, preparation,
cooking and consumption of food.
Any substance or waste material which has been discarded, whether
made of aluminum, glass, plastic, rubber, paper or any natural or synthetic
material, or any combination hereof, 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, newspaper, magazines, glass, metal, plastic or paper containers
or other packaging or construction material, but does not include the waste
of the primary purposes of mining or other extracting processes, logging,
sawmilling, farming or manufacturing.
Any newspaper of general circulation, whether the same is paid or
free, or whether it is primarily designed to report the news or as a form
of commercial advertising, which is either delivered locally or through mails.
It is intended that this definition of "newspaper" be given a broad interpretation
to cover all local, regional, statewide or national newspapers.
Any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed
or otherwise reproduced original or copies of any matter of literature not
included in the aforesaid definitions of a "commercial handbill" or "newspaper."
Any park, reservation, playground, beach, recreation center or any
other public area in the Borough, owned or used by the Borough and devoted
to active or passive recreation.
Any natural person, firm, partnership, association, corporation,
company, public utility or organization of any kind.
Any dwelling, house, building or other structure designed or used
either wholly or in part for private residential purposes, whether inhabited
or temporarily or continuously uninhabited or vacant, and shall include any
yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging
or appurtenant to such dwelling, house, building or other structure.
Any privately owned or occupied lands or premises, including property
owned or occupied by any public utility.
Any and all streets, sidewalks, alleys or other public ways, and
all public parks, squares, spaces, grounds and buildings.
All putrescible and nonputrescible solid wastes, except body wastes,
including garbage, rubbish, street cleanings, dead animals, abandoned automobiles
and solid market and industrial wastes, specifically including abandoned furniture
and household equipment and scrap building materials.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, clippings,
leaves, wood, glass, bedding, crockery and similar materials.
No person shall leave, throw, store or deposit litter in or upon any
street, sidewalk or other public place within the Borough except in public
receptacles or in authorized private receptacles for collection.
Persons placing litter in public receptacles or in private authorized
commercial, residential or industrial receptacles and solid waste disposal
bins 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.
No person shall sweep into or deposit in any gutter, street or other
public place within the Borough the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Nothing herein
shall prevent the sweeping of leaves into the street during the periods officially
designated as periods for the collection of such leaves, if any. Persons owning
or occupying property shall keep the sidewalk in front of their premises free
of litter.
No person owning or occupying a place of business shall sweep into or
deposit in any gutter, street or other public place within the Borough the
accumulation of litter from any building or lot or from any public or private
sidewalk or driveway. Persons owning or occupying places of business within
the Borough shall keep the sidewalk in front of their business 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 Borough or
private property.
A.Â
No person shall drive or move any truck or other vehicle
within the Borough unless such 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.
B.Â
No person shall drive or move any vehicle or truck within
the Borough, the wheels or tires of which carry onto or which deposit in any
street, alley or other public place mud, dirt, sticky substances, litter or
foreign matter of any kind.
No person shall throw or deposit litter in any park within the Borough
except in public receptacles and in such a manner that the litter will be
prevented from being carried or deposited by the elements upon any part of
the park or upon any street or other public place. 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.
A.Â
Sidewalks and other public places. No person shall throw
or deposit any handbill in or upon any sidewalk, street or other public place
within the Borough. This provision shall not be construed as prohibiting the
distribution of handbills to persons willing to accept the same.
B.Â
Depositing handbills on uninhabited or vacant premises.
No person shall throw or deposit any handbill in or upon any private premises
which are temporarily or continuously uninhabited or vacant.
C.Â
Distribution of handbills prohibited where properly posted.
No person shall throw, deposit or distribute any handbill upon any private
premises if requested by anyone thereon not to do so, or if there is posted
on said premises in a conspicuous place near the entrance thereof 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 said premises
do not desire to have their right of privacy disturbed or to have any such
handbills left upon the premises.
D.Â
Distribution of handbills at inhabited private premises.
Handbills shall be distributed to inhabited private premises which are not
posted as provided in this chapter, provided that said handbills are placed
or deposited in such a manner as to secure or prevent such handbill from being
blown or drifted about the premises, sidewalks, streets or other public places,
and except to the extent that mailboxes may not be so used when prohibited
by federal laws or regulations. The provisions of this subsection shall not
apply to the distribution of mail by the United States Postal Service, nor
to newspapers; provided, however, that newspapers shall be placed on private
property in such a manner as to prevent their being carried or deposited by
the elements upon the street, sidewalk or other public place or upon private
property.
E.Â
Placing handbills on vehicles. No person shall throw
or deposit any 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 handbill to any occupant of a vehicle
who is willing to accept it.
No person in any aircraft shall throw out, drop or deposit within the
Borough any litter, handbill or other object.
No person shall post or affix any notice, poster or other paper or device
calculated to attract the attention of the public to any lamp post, public
utility pole, shade tree or upon any public structure or building, except
as may be authorized or required by law.
No person shall throw or deposit litter on any private property within
the Borough, whether owned by such person or not, except that the owner or
person in control of private property may maintain authorized private receptacles
for collection in such a manner that litter will be prevented from being carried
or deposited by the elements upon any street, sidewalk or other public place
or upon any private property.
The owner or person in control of any private property shall at all
times maintain the premises free of litter. This section shall not prohibit
the storage of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private
property within the Borough, whether owned by such person or not.
A.Â
The Health Officer or authorized representative is authorized
to notify the owner of any property within the Borough or the agent of such
owner to properly dispose of litter located on such owner's property which
is dangerous to public health, safety or welfare. Such notice shall be sent
by certified mail, return receipt requested, and/or posted on the property.
B.Â
In the event that the owner or agent fails to comply
with such notice within five days after receipt of written notice or five
days after notice was posted on the property, the Health Officer or authorized
representative shall authorize the removal of said litter. The property owner
shall be billed by the Borough of Alpha for all expenses incurred for the
removal of said litter at a minimum cost of $250. Failure to pay for billed
expenses shall constitute a valid assessment against such lands and shall
be duly certified to the governing body, which shall examine the certificate
and, if found correct, shall cause the cost as shown thereon to be charged
against said lands. The amount so charged shall become a lien upon such lands
and shall be added to and become and form a part of the taxes next to be assessed
and levied upon such lands. If the Health Officer or authorized representative
deems the existing condition as an immediate health or safety problem, the
removal shall be ordered immediately. If the owner or agent refuses to comply,
the Borough shall affect the removal at the expense of the owner.
A.Â
Litter receptacle placement and servicing by the Department
of Public Works may be undertaken at the following public places which exist
in the municipality, including sidewalks used by pedestrians in active retail
commercially zoned areas, and parks, buildings and lands held out for use
by the public, including schools and government buildings.
B.Â
For railroad and bus stations, drive-in restaurants,
all street vendor locations, self-service refreshment areas, construction
sites, gasoline service station islands, shopping centers, parking lots, and
at special events to which the public is invited, including sporting events,
parades, carnivals, circuses and festivals, the owners or lessees of these
places or the sponsors of these events shall be responsible for providing
and servicing the receptacles.
It shall be the duty, severally and equally, of the owner, lessee, tenant,
occupant or person in charge of any structure to keep and cause to be kept
the sidewalk, curb and gutter abutting the structure free from obstruction
or nuisances of every kind and to keep sidewalks, areaways, backyards, courts
and alleys free from litter. No person shall sweep into or deposit into any
gutter, street, catch basin or other public place any accumulation of litter
from any public or private sidewalk or driveway. Every person who owns or
occupies property shall keep the sidewalk, curb and gutter in front and in
rear of his or her premises free from litter. All sweepings shall be collected
and properly containerized for disposal.
It shall be unlawful for any owner, agent or contractor in charge of
a construction or demolition site to permit the accumulation of litter before,
during or after completion of any construction or demolition project. It shall
be the duty of the owner, agent or contractor in charge of a construction
site to furnish containers adequate to accommodate debris or trash at construction
areas and to maintain and empty the receptacles in such a manner and with
such frequency as to prevent spillage of refuse.
