As used in this chapter, the following terms
shall have the meanings indicated:
COMMERCIAL HANDBILL
Any printed or written matter, leaflet or pamphlet or any
other printed or otherwise reproduced literature which advertises
for sale any merchandise, product, commodity or thing or which directs
attention to any business or mercantile establishment or which directs
attention to or advertises any meeting, theatrical performance or
an event of any kind for which an admission fee is charged.
LITTER
Any putrescible animal and vegetable waste, commonly known
as garbage; any putrescible and nonputrescible solid waste, including
rubbish and refuse, such as ashes, street cleanings, dead animals,
abandoned automobiles and solid market and industrial waste, paper,
wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves,
wood, glass, bedding, crockery, trash and similar materials.
NONCOMMERCIAL HANDBILL
Any printed or written matter, circular, leaflet, pamphlet
or any other printed or otherwise reproduced original or copies of
any matter of literature not included in the aforesaid definition
of a commercial handbill.
No person, association, firm or corporation
shall do or permit to be done any of the following acts:
A. Throw or deposit litter in or upon any street, sidewalk,
park or other public place, including ponds, lakes or other bodies
of water or other public place, within the Borough, except in a public
receptacle or in authorized private receptacles for collection by
authorized refuse collectors.
B. Sweep or deposit in any gutter, street or other public
place within the Borough any accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons
owning or occupying property, including residences and places of business,
shall keep the sidewalk in front of their premises free of litter.
C. Throw or deposit, while a driver or passenger in a
vehicle, litter upon any street or other public place within the Borough
or upon private property.
D. 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.
E. Deposit dirt on any public street from the wheels
of vehicles leaving construction sites unless such dirt is removed
by 5:00 p.m. of the day on which the dirt was deposited.
F. Throw or deposit commercial or noncommercial handbills
in or upon any sidewalk, street or other public place or hand out,
distribute or sell any commercial handbills or place the same in or
upon any vehicle in any public place, provided that it shall not be
unlawful on any sidewalk, street or other public place to distribute,
without charge, any noncommercial handbill to any person willing to
accept it.
G. Throw, deposit or distribute any commercial or noncommercial
handbill in or upon private premises which are inhabited, except by
handing or transmitting any such handbill directly to the owner, occupant
or other person then present in or upon such private premises.
H. Post of affix any notice, poster or other paper or
device, calculated to attract the attention of the public, to any
lamppost, public utility pole or tree or upon any public structure
or building, except as may be authorized or required by law.
I. Throw, deposit or permit the accumulation of litter
on private premises, both business and residential, within the Borough,
whether owned by such person or not. The owner or person in control
of the private premises may maintain authorized private receptacles
for collection in such a manner that litter would be prevented from
being carried or deposited by the elements on any street, sidewalk
or other public place or upon any private property. The owners of
shopping centers are hereby required to install and maintain trash
receptacles on the pedestrian walkways within said shopping center.
These receptacles shall be placed at a maximum of 30 feet apart unless
the Borough Council or any officer or employee designated thereby
for the purpose determines this distance is not practicable. The receptacles
shall be clearly designated as trash receptacles and the Borough Council
or any officer or employee designated thereby for the purpose shall
have the authority to determine the adequacy of such receptacles in
terms of their type and number.
J. Throw or deposit litter upon any open or vacant private
premises or any inhabited premises, whether owned by such person or
not.
Any person, firm, association or corporation that violates any provision of this chapter or fails to correct, within the time hereinabove set forth, the conditions for which complaint is made by the Borough shall, upon conviction, be punished by a fine of not more than $300; and each day's failure to comply with any such provision shall constitute a separate violation. It shall not be necessary for the Borough to give notice pursuant to the provisions of §
71-3 above in order to obtain a conviction for any of the prohibited acts in §
71-2 above.