[HISTORY: Adopted by the City Council of the City of Harrisburg 9-9-2008 by Ord. No. 9-2008. Amendments noted where applicable.]
For purposes of this chapter, the following terms shall be defined and have the meanings provided in this section:
- The residue from the burning of wood, coal, coke, or other combustible materials, whether or not resulting from cooking or home heating.
- BULK ITEMS
- Large household items, whether whole or in pieces, including but not limited to metal objects, items containing refrigerants, appliances, air conditioners, furniture, sofa beds, desks, cabinets and other large items.
- COMMERCIAL HANDBILL
- Any printed or written matter, sample or device, circular, leaflet, pamphlet, paper, booklet, or other printed or otherwise reproduced original or copy of any matter or literature which:
- A. Advertises for sale any merchandise, product, commodity or thing; or
- B. Directs attention to any business, mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
- C. Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind for which an admission fee is charged for the purpose of private gain or profit; or
- D. While containing reading material other than advertising matter, is predominately and essentially an advertisement and is not delivered to its final consumer by the United States Postal Service but is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
- Any material resulting from the demolition of any structure, including stones, bricks, rocks, concrete, gravel or earth.
- DISTRIBUTION BUSINESS
- A distributor which provides commercial handbill distribution services for any other business, partnership, sole proprietorship, association or corporation.
- Any business, including without limitation a person, a sole proprietorship, partnership, association or corporation, which directly or indirectly addresses, offers, or proposes or causes to be advertised, offered or proposed on the streets, sidewalks or other public ways any commercial transaction by means of distribution of commercial handbills as defined above.
- Decayable animal and vegetable wastes resulting from the handling, preparing, cooking and consuming of food.
- INJURIOUS MATERIALS
- Materials such as wire, metal, broken glass or any other similar material by which persons may be injured or damage may occur to vehicles.
- Includes ash, debris, commercial and noncommercial handbills, garbage, and rubbish, as defined, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety, welfare and environment.
- NONCOMMERCIAL HANDBILL
- Any printed or written matter, sample, device, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or other printed or otherwise reproduced original or copy of any matter or literature not included in the definition of "commercial handbill."
- A park, square, playground, beach, recreation center or other public area in the City, owned or used by the City and devoted to recreation.
- PRIVATE BUSINESS RECEPTACLE
- A receptacle placed by a private commercial business owner or manager at or near his/her business location for the reception of litter, including newspapers and commercial and noncommercial handbills.
- PRIVATE PROPERTY or PRIVATE PREMISES
- Any dwelling, house, building or other structure or parking lot designed or used either wholly or in part for private residential, industrial or commercial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
- PUBLIC PLACE
- All streets, sidewalks, boulevards, alleys, or other public parks, squares, spaces, grounds and buildings.
- PUBLIC RECEPTACLE
- A receptacle placed by the City at various locations for the reception of litter other than household or commercial refuse.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, including paper, wrappings, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, construction materials 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.
No person shall throw, deposit, dump or throw from a vehicle any litter or similar matter in or upon any street, sidewalk, other public place or upon private premises or shall permit the same to be done.
No person shall throw, deposit, dump or throw from a vehicle any litter or similar matter in or upon any fountain, lake, pond, stream or other body of water or watercourse in a park or elsewhere within the City, including the Susquehanna River and Paxton Creek, or shall permit the same to be done.
No person shall throw, deposit, dump or throw from a vehicle any injurious materials or similar matter in or upon any street, sidewalk, other public place or upon private premises or shall permit the same to be done.
No person shall throw, deposit, dump or throw from a vehicle any injurious materials or similar matter in or upon any fountain, lake, pond, stream or any other body of water or watercourse in a park or elsewhere within the City, including the Susquehanna River and Paxton Creek, or shall permit the same to be done.
Persons shall place or deposit litter in public receptacles or authorized private business receptacles and shall do so in such a manner as to prevent the litter from being carried by the elements onto any street, sidewalk or other public place or onto private premises.
Persons owning, occupying or having charge of private property shall make reasonable efforts to keep the sidewalks, entranceways and all other portions of the property free of litter or similar matter and shall not deposit litter or similar matter from the sidewalk into the street or gutter thereof.
Notwithstanding the foregoing, where the street is posted for street cleaning, leaves may be swept from the public sidewalk into the street or gutter thereof on the day prior to the cleaning or on the day of the cleaning, provided that the deposit of leaves shall be done before the hour of the posted cleaning, but such leaves shall not be deposited on a storm sewer inlet. Leaves on private property, such as from front, side and rear yards, however, shall not be swept into the street or gutter but shall be disposed of in accordance with Chapter 9-303.
[Amended 11-13-2012 by Ord. No. 14-2012]
No person shall throw, deposit or dump litter, injurious materials, debris or bulk items on any open or vacant private lots or premises, whether owned by such person or not, and it shall be the duty of the owner of said open or vacant private lots to prohibit such activity and to cause the same to be removed.
Persons owning, occupying or having charge of private property which is a place of business that prepares or sells food for takeout or consumption off the premises shall make reasonable efforts to place a private business receptacle at all public entrances and exits during normal hours of operation.
All banking operations and other businesses that own or operate automated teller machines (ATMs) and/or devices that dispense paper into public rights-of-way shall supply a private business receptacle no greater than two feet away from said ATM. The receptacle shall be designed in such a way as to prevent the paper from being carried by the elements onto any street, sidewalk or other public place or onto private premises.
No person shall throw, deposit or dump litter or similar matter in any storm sewer in the City or shall permit the same to be done.
No person who is the owner, operator or agent of either the owner or operator of a vehicle, including a private automobile, which is used to collect or transport litter, debris or bulk items, whether such vehicle is used for said purposes in the normal course of business of the owner or operator or otherwise, shall knowingly cause to be deposited or deposit the vehicle's load or any part thereof upon any street, sidewalk or other public or private premises or into any fountain, lake, pond, stream or other body of water or watercourse anywhere in the City, including the Susquehanna River or Paxton Creek, or shall permit the same to be done.
No person shall knowingly cause to be deposited or deposit any hazardous waste or materials, as defined and/or numbered by the State Department of Environmental Protection and/or the United States Environmental Protection Agency, whether by the use of a vehicle as described in Subsection A above or otherwise, onto any street, sidewalk or other public place or private premises or into any fountain, lake, pond, stream or other body of water or watercourse anywhere in the City, including the Susquehanna River or Paxton Creek, or shall permit the same to be done.
The City Controller is hereby authorized and directed to establish a special trust fund known as the "Illegal Dumping Trust Fund" for the receipt and deposit of the fines resulting from violations of this chapter. A portion of the funds shall be used specifically for rewards, public awareness and costs associated with the investigation and surveillance of illegal dumping activity.
The Chief of Police or other officer of the City of Harrisburg so authorized by the Mayor shall grant rewards up to the sum of $500 to individuals, organizations or other entities who provide information leading to the arrest and conviction of any individual, firm or corporation violating § 6-307.9 of this chapter.
No City officer or employee with enforcement responsibility pursuant to this chapter, nor any governmental employee who obtains information regarding dumping activities during the course of his or her employment, shall be eligible to obtain any such reward.
The Chief of Police or other officer of the City of Harrisburg so authorized by the Mayor may establish such administrative regulations as he or she deems necessary to implement the intent of this section.
No person or distributor shall place any commercial or noncommercial handbill or other form of written material in or upon any vehicle parked in the public rights-of-way or public parking lots or garages, including those owned by the Parking Authority of the City of Harrisburg, provided that it shall not be unlawful for any person or distributor to distribute, without charge, a handbill to any occupant of a vehicle who is willing to accept it.
For the purpose of enforcing the provisions of this chapter, notice of violations shall be issued by any officer or employee of the City of Harrisburg charged with and having the authority to enforce the City's ordinances.
Whenever a police officer or any other officer or employee of the City of Harrisburg authorized to enforce the City's ordinances observes a violation of this chapter, he or she shall hand to the violator or leave upon or affix to the premises where the violation occurred a printed notice of violation. Such notice shall bear the date, time and nature of the violation and, when known, the identity of the violator, the address of the violator or the address where the violation occurred, the amount to be remitted in the response to the notice of the violation, the penalty which can be imposed by the court for the violation, and shall be signed by the person issuing the notice and shall bear the police officer's badge number or the identity of the officer or employee of the City authorized to enforce this chapter.
Any person who received a notice of violation, except a notice of violation of § 6-307.4, 6-307.5, 6-307.8 or 6-307.9, may, within 10 days, pay the amount of $50, admit the violation and waive appearance before a Magisterial District Judge. Any person who receives a notice of violation of § 6-307.4, 6-307.5 or 6-307.8 may, within 10 days, pay the amount of $250, admit the violation and waive appearance before a Magisterial District Judge. The notice of violation shall contain an appropriate statement for signature by the violator for the purpose of admitting the violation and waiving a hearing and shall be returned by the violator when he or she remits the stipulated payment. No such stipulated payment shall be permitted in the case of a person who receives a notice of violation of § 6-307.9.
If a person who receives a notice of violation fails to make the prescribed payment within 10 days of the issuance of the notice of violation, and in the case of the issuance of a notice of violation of § 6-307.9, a citation shall be issued for such violation in the manner provided by law. If the person named in the citation is found to have violated any provision of this chapter or fails to appear on the date set for hearing, he or she shall be subject to the imposition of penalties as set forth in § 6-307.99, plus court costs.
If a person served with a notice or order to remove litter, injurious materials, debris, bulk items or any or all of the same should fail to do so within the time set forth in such notice or order, or after the expiration of any additional period of time extended to such person by the Codes Administrator or his or her designee, for the reasons set forth hereafter, the Codes Administrator or his or her designee may cause the order to be executed by private contractor or otherwise. The cost to the City on account of the execution of the order may be entered as a lien against the premises involved in accordance with the existing provisions of law where such notice or order was delivered to the owner thereof. The City may also collect such costs from the person to whom such notice or order was delivered in an action in assumpsit, together with a penalty of 10% thereof. Nothing herein shall preclude the City Solicitor from instituting an appropriate action on behalf of the City in a court of equity for the purpose of compelling an owner to comply with any such notice or order. If, due to an act of God or because of circumstances beyond the control of the person to whom such notice or order is directed, the notice or order is not completely executed within 30 days, the Codes Administrator or his or her designee may grant in writing an additional period of time for the execution of such notice or order. The remedies permitted under this section shall be in addition to any and all other penalties permitted for violations of any of the provisions of this chapter.
[Amended 11-25-2008 by Ord. No. 10-2008]
The penalty for violation of § 6-307.9 shall be as follows:
A minimum fine of $500 and no more than $1,000; and
If appropriate, the charging of and prosecution for or the seeking of any remedy provided from any violation of the laws of this commonwealth, including but not limited to Title 18 relating to crimes and offenses, Title 35 relating to health and safety and Title 75 relating to vehicles; and
Such equitable remedy as the court may deem proper, including, without limitation, an order to clean up the location at which the violator dumped litter, injurious materials, debris or bulk items or any or all such material or to pay the costs of the cleanup.
Upon conviction for a violation of any provision of this chapter pursuant to Subsection A, B or C of this section and in addition to any fines, fees or penalties levied in accordance with Subsection A, B or C of this section, an additional neighborhood mitigation penalty shall be levied in the amount of $25. All such penalties levied and collected by any division of the Unified Judicial System existing under Section 1 of Article V of the Constitution of Pennsylvania and 42 Pa.C.S.A. § 301 shall be remitted to the City for deposit into the Neighborhood Mitigation Fund for the purpose of funding mitigation exercises performed by the City on private properties, including but not limited to demolitions, cleanups, clean and seals and light repairs. If the fine is paid on installments, the proportionate amount of the neighborhood mitigation penalty shall be remitted on each installment.
Each day a violation continues or is permitted to continue shall constitute a separate offense for which a separate penalty may be imposed.
Any fine or cost imposed by the court shall be entered as a judgment against the violator.
Any fine or other sanction imposed by the court shall be paid or satisfied within 10 days of its imposition. If the fine or sanction together with any court cost is not paid or satisfied within such period, the violator shall be subject to proceedings for contempt of court and/or collection of the fine as provided by law.