The purpose of this article is to adopt regulations
and requirements to control littering in the Borough so as to protect
the public health, safety, and welfare and to prescribe penalties
for failure to comply with these regulations.
As used in this article, the following terms
shall have the meanings indicated:
A leak-proof container constructed of galvanized metal or
plastic of equivalent strength, such as the Rubbermaid GroundsKeeper
Model 2570-88, black or approved equal.
Garbage, refuse, and rubbish as defined herein, and all other
waste material that, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety, and welfare.
All streets, sidewalks, boulevards, alleys, beaches, or other
public ways, and all public parks, squares, spaces, docks, grounds,
and buildings.
A.
No person shall drop, spill, throw, cast, deposit,
dump, or sweep litter, including but not limited to sand, dirt, soil,
ashes, cinders, shells, straw, paper, bottles, cans, cigarette or
cigar butts, offal, debris, refuse or garbage of any kind in or upon
any sidewalk, street, park, lake, or any other public place or private
property within the Borough, except in public receptacles placed for
deposit of such items.
B.
Persons placing litter in public receptacles or in
authorized private receptacles shall do so in a manner that prevents
the litter from being carried or deposited by the elements upon a
public place or upon private property.
C.
No person shall deposit any garbage, trash, rubbish, debris, recyclables or refuse and the like in or upon any sidewalk, street, other public place, or private property except in approved or authorized containers properly placed for collection at appropriate times and places as hereinafter set forth in Article II of this chapter. Garbage, trash, rubbish, debris or refuse shall be as defined in § 286-9. Recyclable materials shall be as defined in §§ 286-18 and 286-19.
[Amended 3-26-2019 by Ord. No. 2019-10]
D.
No person shall sweep, throw, dump or deposit leaves, brush or yard waste and the like in or upon any sidewalk, street, park, lake, or any other public place, or private property except when properly placed for collection at appropriate times and places as hereinafter set forth in Article IV of this chapter. Approved or authorized containers for leaves or yard waste shall be as defined in § 286-27.
E.
No person shall deposit household or commercial refuse, recyclables
or liquid wastes in a public litter or recyclable container placed
on the streets by the Borough or any other person. There shall be
a rebuttable presumption that the person whose name or other identifying
information appears on any household or commercial refuse, recyclables
or liquid wastes deposited in such public litter basket violated this
subsection.
[Amended 3-26-2019 by Ord. No. 2019-10]
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter in or upon any street or any
other public or private property.
Persons owning or operating cafes, restaurants, or other similar establishments in the Borough where smoking is prohibited shall provide and maintain, adjacent to the entrance to the cafe, restaurant or establishment, an approved or authorized container for the deposit of cigarette or cigar butts by patrons of the facility. Where a cafe or restaurant also provides outdoor dining facilities operating under a license issued by the Borough Clerk in accordance with Chapter 324, the owner or operator of the cafe or restaurant may be required, under the terms of the license, to provide and maintain additional containers for patrons using said outdoor dining facilities. Approved or authorized containers for cigarette or cigar butts shall be as defined in § 286-2.
The provisions of this article shall be enforced
by the Police Department and Code Enforcement Officer.
