[HISTORY: Adopted by the Board of Supervisors
of the Township of East Manchester 9-10-1973 by Ord. No. 9-10-73A (Ch. 49 of the 1988 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes dirt, rubbish, waste articles, refuse, garbage,
trash, ashes or waste materials of any kind, whether they are liquid
or solid. Such term shall be construed liberally when there is any
question raised on a violation thereof.
Includes but is not necessarily limited to any lumber, junk,
debris, garbage, refuse, discarded or used objects, machinery, equipment
or any other materials of any kind or nature, whether they are liquid
or solid, which cause or tend to cause diminution in the value of
other properties in this neighborhood in which such premises are located
and which are unsightly or distasteful to others in the vicinity.
Such term shall be construed liberally when there is a question raised
on a violation thereof.
No person owning, leasing, occupying or having
charge, control or custody of any premises shall maintain or keep
any trash or litter thereon, nor shall any such person keep or maintain
such premises in any manner causing substantial diminution in the
value of other property in the neighborhood in which such premises
is located.[1]
It shall be unlawful to place, deposit, leave,
dump, collect or in any other manner allow any litter or trash, as
described herein, on any premises in the Township of East Manchester
without the consent of said Township and without the consent of the
owner, tenant or lessee in possession thereof. This section shall
not allow for the placing, depositing or dumping of any trash or litter
as set forth above in violation of any other ordinance of East Manchester
Township, even though the owner, tenant or lessee in possession thereof
had consented to such depositing, placing or dumping of such junk
or trash.
It shall be unlawful for any person, firm or
corporation, in person or by his agent, employee or servant, to cast,
throw, sweep, sift, deposit or place in any manner in or upon any
public way or public place in the Township or any river, public water
drain, sewer or receiving basin within the jurisdiction of this Township
any kind of dirt, rubbish, waste articles, litter, trash or things
or substances whatever, whether liquid or solid, nor shall any person,
firm or corporation cast, throw, sweep, sift, deposit or place any
of the aforementioned items anywhere within the jurisdiction of said
Township in such manner that they may be carried or deposited, in
whole or in part, by the action of the sun, wind, rain or snow into
any of the aforementioned places.
It shall further be unlawful for any person,
firm or corporation, in person or by his agent, employee or servant,
to use any vehicle of any nature or kind to haul any kind of dirt,
rubbish, waste articles, trash or things or substance, whether liquid
or solid, unless such vehicle is covered in such manner to prevent
any part of its load from spilling or dropping at all and any times
while such vehicle is in motion on any street or alley in the municipality.
Such requirements herein shall not apply for the covering of such
vehicles carrying brush cuttings, tree trimmings, branches, logs and
similar waste material if such matter is securely lashed to such vehicle
to prevent spillage or dropping as aforesaid.
This chapter shall not apply to the depositing,
dumping or placing of any trash or litter under a permit authorized
by any ordinance of this Township or to any goods, wares or merchandise
deposited upon any public way or other place temporarily in the necessary
course of trade and removed therefrom within two hours after being
so deposited or to articles or things deposited or conducted into
the Township sewer system through lawful drains in accordance with
the ordinances of the Township relating thereto.
The owner, tenant, lessee, corporation, in person
or by his agent, employee or servant, or any other person occupying
or having charge or custody of any premises within the Township of
East Manchester shall be responsible for observing and complying with
the regulations as set forth in this chapter.
[Amended 11-7-1989 by Ord. No. 12-13-88B; 11-14-1989 by Ord. No. 11-14-89C; 5-14-1996 by Ord. No.
5-14-96; 2-19-1997 by Ord. No. 2-19-97A[1]]
Any person who violates any provisions of this
chapter shall commit a criminal offense, and shall, upon being found
guilty by a Magisterial District Judge, after hearing, pay a fine
not to exceed $1,000, together with all court costs as permitted by
law. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day of violation
shall constitute a separate offense, which shall be subjection to
prosecution as such. For purposes of this section, the Board of Supervisors
of East Manchester Township hereby appoints the Township Manager,
Secretary, Zoning Officer, Permit Officer or Codes Enforcement Officer
as authorized representatives, any one of whom, in addition to any
police officer with jurisdiction within the Township, may commence
and pursue enforcement proceedings pursuant to this section.
