Borough of Old Forge, PA
Lackawanna County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Old Forge 5-26-1987 by Ord. No. 7-1987 (Ch. 103 of the 1994 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 189.
Property maintenance — See Ch. 247.
Solid waste — See Ch. 290.

§ 213-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
HANDBILL
Any printed or written matter, sample, device, circular, leaflet, pamphlet, paper, magazine, booklet or other printed or otherwise reproduced original or copy of any matter or material 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, recreation center or other public area in the Borough owned or used by the Borough 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 Borough 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.

§ 213-2 Disposal in receptacles required.

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 Borough, except in public receptacles or in authorized private receptacles.

§ 213-3 Proper disposal.

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.

§ 213-4 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 an aircraft so as to cause it to fall within the Borough.

§ 213-5 Streets and sidewalks.

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 24 hours from the usual scheduled pickup day. Delayed pickup days will be announced by the Street Commissioner.[1]
[1]
Editor's Note: Original § 103-5C of the 1994 Code, pertaining to violations and penalties, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 213-6 Private premises.

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.

§ 213-7 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 occupant 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.

§ 213-8 Dumping of ashes, scrap, garbage or rubbish.

A. 
The dumping, throwing or placing of ashes, scrap, garbage or rubbish of any kind within the Borough 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 Borough of Old Forge by any person is hereby declared to be a nuisance and is prohibited.

§ 213-9 Dumping into public or private receptacles.

The dumping of household or commercial refuse within the Borough 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.

§ 213-10 Vandalism 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 Borough or any designated sponsored group for causing the nuisance or repairing the vandalized property.

§ 213-11 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.

§ 213-12 Scattering of litter.

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.

§ 213-13 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.

§ 213-14 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.

§ 213-15 Violations and penalties.

[Amended 5-31-1994[1]]
A. 
Any person violating any of the provisions of this chapter shall, for each such offense, be punished by a fine of not more than $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, by imprisonment for not more than 30 days.
B. 
Each day that a violation continues or is permitted to continue shall constitute a separate offense for which a separate penalty may be imposed.
C. 
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 Code Enforcement Officer. The violator shall be required to pay the appropriate fine or penalty to the Borough Treasurer within 10 days from the notice of violation. The failure to make said payment within 10 days shall result in a summons being issued in accordance with the law.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 213-16 Enforcement.

The Mayor is hereby authorized to designate the appropriate Borough employees to enforce the provisions of this chapter.