[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.
- COMMERCIAL HANDBILL
- 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:
- A. Advertises for sale any merchandise, product, commodity or service.
- B. 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.
- C. 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.
- NONCOMMERCIAL HANDBILL
- 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.
- PRIVATE PREMISES
- 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.
- PRIVATE PROPERTY
- Any privately owned or occupied lands or premises, including property owned or occupied by any public utility.
- PUBLIC PLACE
- 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Any person who shall violate any of the provisions or regulations of this chapter shall, upon conviction, be punished as provided within the Borough ordinance.
Each day that such violation continues shall constitute a separate offense.