City of Scranton, PA
Lackawanna County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Scranton as Ord. No. 62-1987 (Ch. 15, Art. III, of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Advertising and billposting — See Ch. 140.
Solid waste — See Ch. 400.

§ 305-1 Definitions.

As used in this chapter, the following words and terms shall have the meaning ascribed thereto:
HANDBILL
Any printed or written matter, sample, device, circular, leaflet, pamphlet, paper, magazine, booklet or other which advertises for sale any product or directs attention to any business, mercantile or commercial establishment or activity or any meeting, theatrical performance, exhibition or event of any kind.
LITTER
Includes garbage, refuse, ashes, rubbish and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
PARK
A park, square, playground, pool, recreation center or other public area in the city owned or used by the city and devoted to recreation.
PRIVATE PREMISES
Any dwelling, house, building or other structure or parking lot designed or used either wholly or in part for residential, industrial or commercial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including any yards, grounds, walks, driveways, porches, steps, vestibules or mailboxes belonging or appurtenant to such premises.
PUBLIC PLACE
All streets, sidewalks, boulevards, alleys or other public ways and all public parks, squares, spaces, grounds and buildings.
PUBLIC RECEPTACLES
A receptacle placed by the city at various locations for the reception of litter, other than household or commercial refuse.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway.

§ 305-2 Disposal of litter.

A. 
No person shall place, throw, drop or deposit litter in or upon any street, sidewalk, park, stream or other body of water or other place within the city, except in public receptacles or in authorized private receptacles.
B. 
No person shall place or deposit litter in public receptacles or authorized private receptacles except in such manner as to prevent it from being scattered or carried by the elements to any street, sidewalk or other public place or upon private premises.

§ 305-3 Deposit from vehicles or aircraft.

No person in a vehicle shall throw or deposit litter upon any street, sidewalk or other public place or private premises. No person shall operate a truck or other vehicle, unless such vehicle is so constructed or loaded as to prevent its contents from falling, being blown or deposited upon any street or public place. No person shall throw out, drop or deposit any litter, handbill or other object from aircraft so as to cause it to fall within the city.

§ 305-4 Litter on sidewalks.

[Amended by Ord. No. 166-1992]
A. 
Persons owning or occupying private premises shall make reasonable efforts to keep the sidewalks in front of such premises free of litter. No person shall sweep into or deposit in any gutter, street or public place the accumulation of litter from any building or lot, or from any public or private sidewalk or driveway.
B. 
No person shall place the garbage for pickup prior to twenty-four (24) hours from the usual scheduled pickup day. Delayed pickup days will be announced by the Department of Public Works.
C. 
Any person who violates any of the provisions of this section shall be subject to the penalty of a fine not to exceed three hundred dollars ($300.), or be subject to imprisonment not to exceed ninety (90) days, if said fine and costs are not paid, plus costs of prosecution, for each offense. Each day that any of the provisions of this section are violated shall constitute a separate offense. Each property on which a violation of this section occurs shall constitute a separate offense.

§ 305-5 Litter on private premises.

[Amended by Ord. No. 166-1992]
The owner or person in control of any private premises shall at all times maintain the premises free from litter. No person shall throw or deposit litter on any private premises or on any open or vacant lot or premises, whether or not owned or controlled by such person, except that such owner or person in control may maintain authorized private receptacles for deposit, collection or temporary storage of litter. In order to ensure that garbage or other solid waste (as defined in the Solid Waste Management Act[1]) deposited for collection is not broken into and becomes litter, each owner of buildings within the city used for residential purposes shall ensure that each dwelling unit therein has sufficient garbage containers of at least thirty-two-gallon capacity with securely fitted lids. The owners of commercial and industrial buildings shall be required to maintain a sufficient number of garbage containers of at least thirty-two-gallon capacity so that all garbage is deposited into said containers, unless dumpsters are used. Containers shall be placed at the curb for pickup no sooner than twenty-four (24) hours prior thereto.
[1]
Editor's Note: See 35 P.S. § 6018.101.

§ 305-6 Handbill distribution.

No person shall place or deposit any handbill in or upon any vehicle or premises without the acceptance thereof by the owner or occupancy of such vehicle or premises, provided that this section does not prohibit or otherwise regulate the delivery of any matter by the United States Postal Service.

§ 305-7 Dumping inside the city.

A. 
The dumping, throwing or placing of ashes, scrap, garbage, rubbish or refuse of any kind within the city, by any person, is hereby declared to be a nuisance and is prohibited.
B. 
The dumping, throwing or placing of ashes, scrap, garbage, rubbish or refuse of any kind within the rivers, streams, creeks or waterways located within the City of Scranton by any person is hereby declared to be a nuisance and is prohibited.

§ 305-8 Dumping in public or private receptacles.

The dumping of household or commercial refuse within the city into a public receptacle or into another private receptacle without the owner's permission by any person is hereby declared a nuisance and is prohibited.

§ 305-9 Vandalism committed by minors.

If any person, parent or adult knowingly permits a minor child to commit any violation of this chapter or if they knowingly permit the minor to commit acts of vandalism, the parent or adult shall be responsible for any costs which may be incurred by the city or any designated sponsored group for causing the nuisance or repairing the vandalized property.

§ 305-10 Tampering with receptacles.

No person shall steal, upset, mutilate, deface or tamper with public or private receptacles or cause the contents thereof to be spilled or scattered in or upon any public place or private premises. If any provisions of this section are violated, the person or firm shall be required to provide incurred costs for repairing the damage in addition to any penalties hereafter prescribed.

§ 305-11 Preventing the scattering of litter prior to pickup.

All litter that is subject to movement by the elements shall be secured by the owner and/or occupant of the premises prior to the regularly scheduled pickup before the litter is scattered by the elements to adjoining public or private places.

§ 305-12 Construction or demolition sites.

The general contractor in charge of any construction or demolition site shall maintain the site in such a manner that litter will be prevented from being scattered by the elements to adjoining premises. All litter from construction, demolition or any related activities shall be picked up at the end of each workday and placed in containers in order to prevent scattering either on or to adjoining premises. Each day that the provisions of this section are violated shall be considered a separate and additional violation.

§ 305-13 Loading and unloading docks.

The person owning, operating or in control of a loading or unloading dock shall at all times maintain the dock area free of litter in such a manner that litter will be prevented from being carried by the elements to adjoining premises.

§ 305-14 Violations and penalties.

A. 
Any person who violates any of the provisions of § 305-2 shall be subject to a penalty or fine not exceeding twenty-five dollars ($25.) or imprisonment not exceeding five (5) days for each violation. Any person who violated the above provisions shall have five (5) days from the date of notice of violation to pay such fine to the City Treasurer. The failure to make payment within five (5) days shall result in a summons being issued in accordance with the law.
B. 
Any person who violates §§ 305-3, 305-6, 305-8, 305-9, 305-11, 305-12 and 305-13 shall be subject to a penalty not exceeding one hundred dollars ($100.), plus the costs of prosecution, and/or be subject to imprisonment not to exceed fifteen (15) days if said fine and costs are not paid, for each offense. In addition to said fine or imprisonment and costs, said violator shall clean up the entire dumping area. Failure to clean up said area by the violator will result in the city cleaning up the said area and the total expenditures will be charged to said violator, together with the costs of collection, including attorneys fees. If the violator has disregarded an order from the Department of Community Development to remove garbage, debris or litter on his or her premises, and the city thereafter cleans up the area, then a lien may be placed on the property in accordance with state law, for the removal of a nuisance.
C. 
Any person who violates any of the provisions of §§ 305-5, 305-7 and 305-10 shall be subject to a fine of not less than one hundred fifty dollars ($150.) nor more than three hundred dollars ($300.), plus the costs of prosecution, or be subject to imprisonment not exceeding ninety (90) days if said fine and costs are not paid, for each offense. In addition to said fine or imprisonment, said violator shall clean up the entire dumping area. Failure to clean such area by the violator will result in the city cleaning up said area and the total expenditures will be charged to such violator, plus the costs of collection, including attorneys fees. If the violator has disregarded an order from the Department of Community Development to remove garbage, debris or litter on his or her premises, and the city thereafter cleans up the area, then a lien may be placed on the property in accordance with state law for the removal of a nuisance.
D. 
Each day a violation continues or is permitted to exist shall constitute a separate offense for which a separate penalty may be imposed. Each property on which a violation occurs or is permitted to exist shall constitute a separate offense for which a separate penalty may be imposed.
E. 
Any person, firm or corporation who violates any of the provisions of this chapter shall be issued a litter offense notice which shall be a form delivered by the anti-litter and sanitation officer. The violator shall be required to pay the appropriate fine or penalty to the City Treasurer within ten (10) days from the notice of violation. The failure to make such payment within ten (10) days shall result in a summons being issued in accordance with law.

§ 305-15 Anti-litter account.

The City Treasurer is hereby authorized to open a special city account to be known as the "Anti-litter Account," and any funds derived from violations of this chapter shall be deposited in such account. Such funds shall be used to promote and effect this chapter.

§ 305-16 Designated appropriate city employees.

The Director of the Department of Public Safety is hereby authorized to designate the appropriate city employees to enforce the provisions of this chapter.