[HISTORY: Adopted by the Township Council
of the Township of Stafford 3-20-1984 by Ord. No. 84-18. Amendments
noted where applicable.]
This chapter shall be known as an "Anti-litter
Ordinance" and may be so cited.
[Amended 10-4-2005 by Ord. No. 2005-90]
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this chapter clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material, or any combination thereof,
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, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, or
mylar balloons, but does not include the waste of the primary processes
of mining or other extraction processes, logging, sawmilling, farming
or manufacturing.
[Amended 6-27-2017 by Ord. No. 2017-15]
A container suitable for the depositing of litter.
A park, reservation, playground, beach, recreation center
or any other public areas in the Township owned or used by any public
agency and devoted to recreation purposes.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
Any dwelling, house, building or other structure designed
or used, either wholly or in part, for residential purposes, whether
inhabited or temporarily or continuously inhabited or vacant, and
shall include any yard, grounds, walks, driveway, porch, steps, vestibules
or mailbox belonging to or appurtenant to such dwelling, house, building
or other structure.
Includes all streets, sidewalks, boulevards, alleys or other
public walkways and all parks, squares, docks, grounds and buildings.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper; wrappings; cigarettes; cigars
and tobacco wastes; cardboard; tin cans; wood; glass; bedding; crockery;
and similar materials.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
[Amended 12-19-1989 by Ord. No. 89-77; 10-4-2005 by Ord. No. 2005-90]
A.Â
No person shall sweep, throw, drop, discard, deposit
or otherwise place any litter of any nature upon any public property
other than in a litter receptacle.
B.Â
Litter receptacles suitable for the depositing of
litter and their servicing are required at the following public places
which exist in the Township of Stafford: sidewalks used by pedestrians
in active retail commercially zoned areas, such that at a minimum
there shall be no single linear 1/4 mile without a receptacle; buildings
held out for use by the public, including schools, government buildings
and railroad and bus stations; parks; drive-in restaurants; all street
vendor locations; self-service refreshment areas; construction sites;
gasoline service station islands; shopping centers; parking lots;
campgrounds and trailer parks; marinas, boat moorage and fueling stations;
boat launching areas; public and private piers operated for public
use; beaches and bathing areas; and at special events to which the
public is invited, including sporting events, parades, carnivals,
circuses and festivals. The proprietors of these places or the sponsors
of these events shall be responsible for providing and servicing the
receptacles such that adequate containerization is available.
[Amended 10-4-2005 by Ord. No. 2005-90]
A.Â
Litter shall be placed in litter receptacles, either
public or private, in such manner as to prevent it from being scattered,
carried or deposited by the elements upon any street, sidewalk or
other public property or private property.
B.Â
Branches, clippings, shrubs and the like in excess
of 24 inches in length but not greater than six feet in length and
not in excess of 75 pounds in weight may be placed at the curb for
pickup if securely tied in bundles so as to prevent their being scattered,
carried or deposited by the elements upon any street, sidewalk or
other public or private property.
[Amended 10-4-2005 by Ord. No. 2005-90]
No person shall throw or deposit litter from
any vehicle or boat upon any public or private property, including
vacant land. Whenever any litter is thrown or discarded or allowed
to fall from a vehicle or boat in violation of this chapter, the operator
or owner, or both, of the motor vehicle or boat shall be deemed to
have violated this chapter.
[Amended 10-4-2005 by Ord. No. 2005-90]
No person shall drive or move any truck or other
commercial vehicle unless the vehicle is so constructed or loaded
as to prevent any litter from being blown or deposited upon any street,
alley or other public or private property. No person shall drive or
move any vehicle or truck if the wheels or tires carry onto or deposit
in any street, alley or other public place mud, dirt, sticky substances
or foreign matter of any kind from any other place other than the
traveled portion of a public street or alley. Whenever any litter
is thrown, discarded or allowed to fall from such truck or other commercial
vehicle in violation of this chapter, the operator or owner, or both,
of the truck or other commercial vehicle shall also be deemed to have
violated this chapter.
[Amended 10-4-2005 by Ord. No. 2005-90[1]]
No person shall throw or deposit litter in any
fountain, lake, pond, stream, bay or any other body of water.[2]
[Amended 10-4-2005 by Ord. No. 2005-90]
No person shall throw or deposit litter on any
occupied private property, whether owned by him or not, except that
the owner or person in control of private property shall maintain
private litter receptacles for collection in such a manner that litter
will not be carried or deposited by the elements upon any other public
place or upon any private property.
[Amended 10-4-2005 by Ord. No. 2005-90]
The owner or person in control of any private
property shall at all times maintain the premises free of litter.
This section shall not be construed to prohibit the storage of litter
in private litter receptacles for collection.
No person shall throw or deposit litter on any
open or vacant private property whether owned by such person or not.
[Added 5-17-1988 by Ord. No. 88-41]
A.Â
No owner, contractor, subcontractor or their agents
or employees performing or allowing to be performed any work on any
improved or unimproved real property in Stafford Township shall sweep,
throw, deposit or dump any litter, rubbish or construction waste materials
in or upon the construction site property.
B.Â
In order to prevent any litter, rubbish or construction
waste materials from littering the construction site or surrounding
areas, the owner of the real property upon which improvements or renovations
are being made and the contractor or subcontractor performing such
work shall:
(1)Â
Provide private receptacles for the deposit
of litter, rubbish and construction materials in such a manner as
to prevent litter, rubbish and construction waste materials from being
scattered, carried or deposited by the elements upon any private property,
public property or waterways.
(2)Â
Provide for the erection of a snow fence or
other retaining fence between the construction site and any waterway
adjacent to the construction site property in such a manner as to
prevent any litter, rubbish and construction materials from being
scattered, carried or deposited by the elements into or upon any lake,
stream, bay, lagoon or other waterway.
A.Â
Notice to remove. The Code Enforcement Officer or
his duly-designated agent is authorized and empowered to notify the
owner of any private premises or vacant land, or the tenant or agent
of such owner, to dispose properly of litter which is located on such
owner's property and which is dangerous to public health, safety or
welfare. Notice shall be by registered or certified mail, return receipt
requested, addressed to said property owner or his agent or tenant
at his last known address or served personally upon said owner, tenant
or agent.
B.Â
Action upon noncompliance. Upon the failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of said litter within 10 days after receipt of written notice as specified in Subsection A of this section, or within 10 days after the date of such notice in the event that it is returned to the Township by the post office department because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner, tenant or agent, the Code Enforcement Officer or his duly-designated agent is authorized and empowered to pay for disposing of such litter or to order its disposal by the Township.
C.Â
When the Township has effected the removal of dangerous
litter or has paid for its removal, the actual cost thereof shall,
unless paid by the owner prior thereto, be charged to the owner of
the property on the next regular tax bill forwarded to the owner by
the Township. The charge shall be due and payable by the owner at
the time set for payment of the tax bill.
D.Â
Where the full amount due to the Township is not paid by the owner within 30 days after the disposal of such litter, as specified in Subsections A and B of this section, then and in that case, the Code Enforcement Officer shall certify the cost thereof to the Township Council, which shall examine the certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty at the same rate as in the case of taxes which are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. The certification of the Code Enforcement Officer, in accordance with the provisions thereof, shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
[Amended 2-21-1989 by Ord. No. 89-22]
A.Â
Any person violating or failing to comply with any
of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine of not less than $100 nor more than $1,000,
by imprisonment for a term not to exceed 90 days or by community service
of not more than 90 days, or any combination of fine, imprisonment
and community service as determined by the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B.Â
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
