[HISTORY: Adopted by the Mayor and Borough Council of the Borough
of Berlin 10-9-1981 by Ord. No. 81-14.
Amendments noted where applicable.]
This chapter shall be known and may be cited and referred to as the
"Anti-Litter Ordinance of the Borough of Berlin."
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 literature 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 subsection 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 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 literature. The word "handbill," as utilized
throughout this chapter, shall be deemed to include any commercial handbill.
Garbage, trash and refuse as defined in Chapter 278 of the Code of the Borough of Berlin, and including, in addition, building and construction debris and any other matter or material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
Any newspaper of general circulation, whether same be 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 malls. It is intended
that this definition of newspaper be given a broad interpretation to cover
all local, regional, state-wide or national newspapers.
Any park, playground, recreation center or any other public place
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.
A litter storage and collection receptacle or system as required and authorized in Chapter 278, Garbage, Rubbish and Refuse, of the Code of the Borough of Berlin.
Any and all streets, sidewalks, alleys or other public ways and any
and all public parks, squares, spaces, grounds and buildings.
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 authorized private
receptacles 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, except that the
occupants may rake fallen leaves into the gutter for purposes of collection
during the normal collection period as specified by the Borough Council.
[Amended 9-11-1987 by Ord.
No. 87-19]
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 and around the business premises free
of litter and shall keep all of the environs of said business, including parking
lots and other places to which the public is invited, free of litter.
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 sorts of litter shall be carried away from the park
by the person responsible for its presence and properly disposed of elsewhere
as provided herein.
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.
No person shall throw or deposit any handbill in or upon any private
premises which are temporarily or continuously uninhabited or vacant.
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.
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 postal law or regulations. The provisions of this section 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 so as to prevent their being carried or deposited
by the elements upon any street, sidewalk or other public place or upon private
property.
No person in an 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 lamppost, 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.
Any person, firm or corporation engaged in the distribution
of commercial handbills within the Borough of Berlin shall make application
to and obtain from the Borough Clerk a commercial handbill distribution license.
Said application shall be in writing on a form or forms to be supplied by
the Borough Clerk. Such forms shall contain, among other things, the name,
business address and brief description of the nature of the business to be
conducted by the applicant, the total number of employees to be so engaged
and the length of time for which the license is required.
B.
Any person, firm or corporation obtaining a commercial
handbill distribution license shall be permitted to distribute handbills pursuant
to the provisions of this chapter between the hours of 9:00 a.m. and 5:00
p.m.
C.
Without excluding other just grounds for revocation,
the Borough Council may revoke any license obtained under an application containing
a false or fraudulent statement knowingly made by the applicant with intent
to obtain a license by means of false or fraudulent representations or for
violation of this chapter on repeated occasions or any other grounds specified
by law. No license issued under this chapter shall be transferable, and no
part of the fee for said license shall be returnable should the license be
surrendered by the licensee or revoked by the governing body of the Borough
for cause.
Any person in violation of any of the provisions of this chapter shall
be fined in an amount not exceeding $200 for each offense or be imprisoned
for a period not exceeding 60 days, or be both so fined and imprisoned. Each
day that such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
