[HISTORY: Adopted by the Mayor and Council
of the Borough of Wharton as indicated in article histories. Amendments
noted where applicable.]
[Sec. 4-1 of the Revised General Ordinances]
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meaning
given herein.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined herein, and all other
waste materials which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any and all streets, sidewalks, boulevards, alleys or other
public ways, and any and all public parks, squares, spaces, grounds
and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleaning, dead
animals, abandoned automobiles, and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, 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 5-9-2011 by Ord. No. O-09-11]
No person shall sweep, throw or deposit litter
in or upon any occupied, open or vacant property, whether owned by
such person or not, or in or upon any street, sidewalk, park or other
public place or any pond, lake, stream or any other body of water
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, including merchants 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 property shall keep the sidewalk
in front of their premises free of litter.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street or other public
place within the Borough or upon private property.
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, nor shall
any person drive or move any vehicle or truck within the Borough,
the wheels or tires of which carry onto or deposit in any street,
alley or other public place mud, dirt, sticky substances, litter or
foreign matter of any kind.
No person shall bring, cart, remove or transport
any litter collected outside this Borough into this Borough for the
purpose of dumping or disposing thereof, unless so authorized by the
Borough.
The owner or person in control of any private
property shall at all times maintain the premises free of litter;
provided that this subsection shall not prohibit the storage of litter
in authorized private receptacles for collection.
A.
Notice to remove. The Building or Sanitary Inspector
is authorized and empowered to notify the owner or the agent of the
owner of any open or vacant private property within the Borough to
properly dispose of litter located on the owner's property which is
dangerous to public health, safety or welfare. The notice shall be
by registered mail, addressed to the owner at his last known address,
and shall state the acts to be performed by the owner or tenant, as
well as the penalty for failure to comply with the notice.
B.
Cost of removal. If the owner or tenant to whom notice
is sent neglects or refuses to comply with the notice within 10 days
of receipt of same, the Building or Sanitary Inspector shall arrange
to perform the acts required by the notice at the cost of the Borough.
He shall certify the cost thereof to the Borough Council, which shall
examine the certificate and, if found correct, shall cause the costs
as shown thereon to be charged against the lands. The costs shall
be added to the taxes next to be assessed and levied upon the lands,
the same to bear interest at the same rate as taxes and to be collected
and enforced by the same officers and in the same manner as taxes.
Any police officer, truant or special officer
duly appointed by the Mayor and Council is authorized and empowered
to take into custody any minor child who may be in the act of violating
any of the provisions of this article. The officer shall report the
violation to the Chief of Police and notify the parent, guardian or
custodian of the minor child of the violation, as well as the penalty
for a second and subsequent violation, and shall release the child
immediately in the custody of the parent, guardian or custodian.
Violation of any of the provisions of this article shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty, except that any child 16 years of age or under who violates the provisions of this article shall be dealt with as a juvenile offender. In the event the individual involved has caused damage to private or public property in the Borough, the parent(s) or guardian will be responsible for payment of same.
[Sec. 4-9 of the Revised General Ordinances]
It shall be unlawful for any person to post,
circulate or distribute or cause to be posted, circulated or distributed
in the Borough any handbills, posters, circulars, pamphlets, written
or printed matter, or advertising material and merchandise without
first having received a permit from the Borough Clerk, upon written
application on a form provided therefor. The applicant may be required
to furnish three personal references and may be required to obtain
approval of the application by the Chief of Police, at the discretion
of the Clerk.
The fee for a permit shall be $2 for each day
of distribution.
No person shall cast, post or place or cause
to be cast, posted or placed any advertisements, advertising merchandise,
handbills, circulars, printed matter or paper on any public street
or the sidewalks thereof, in or along any road, park, playground or
other public place in the Borough, or into any vestibule or yard or
upon porches of any vestibule or yard, or upon porches of any dwelling
house or other building, or into any vehicle while on the public highway
or private property. This section shall not apply to newspapers and
addressed envelopes delivered to subscribers and addressees, nor shall
it apply to any legal notice required by law to be posted, nor to
any tag or plate showing the number of ownership of any utility pole
or post. This section shall not apply to advertising or other printed
matter to be placed on or attached to any standard or pole in front
of any residence or place of business or to any building of any such
person permitted by ordinance of the Borough. Matters pertaining to
any charitable or civic organization, as determined by the Borough
Clerk, may be posted and, in this case, the word "civic" or "charitable"
shall be endorsed on the permit.
