[HISTORY: Adopted by the Mayor and Council of the Borough
of Wallington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-13-1970 as Sec. 4-2 of the 1970 Revised General Ordinances (Ch.
221 of the 1992 Code)]
As used in this article, the following terms shall have the
meanings indicated:
A litter storage or collection receptacle approved by the
Borough.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material, or any combination thereof,
including, but not limited to, any bottle, jar or can, or any top,
cap or detachable tab of any bottle, jar or can, any unlighted cigarette,
cigar, match or any flaming or glowing material, or any garbage, trash,
refuse, debris, rubbish, grass clippings or other lawn or garden waste,
newspapers, magazines, glass, metal, plastic or paper containers or
other packaging or construction material.
[Amended 5-24-2012 by Ord. No. 2012-14]
A park, playground, recreation center or any other public
area owned or used by the Borough or local authorized governmental
agencies and devoted to active or passive recreation.
Any dwelling, house, building or structure designated or
used, either wholly or in part, for private residential purposes,
whether inhabited or continuously uninhabited or vacant, and shall
include any yard, grounds, walk, driveway, porch, steps or vestibule
belonging or appurtenant to such dwelling house, building or other
structure.
Any and all streets, sidewalks, boulevards, alleys, beaches
or other public ways and any and all public parks, squares, spaces,
docks, grounds and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, 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.
A.Â
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 any
park or public place or into any fountain, stream, river, skating
rink or other body of water in a park or elsewhere in the Borough,
except in public receptacles, in authorized private receptacles for
collection or in official Borough dumps. Persons placing litter in
public receptacles or in authorized private receptacles shall do so
in such manner as to prevent it from being carried or deposited by
the elements upon any public place or private property.
B.Â
The owner, tenant, occupant or other person of a property zoned for
retail, commercial or similar uses, including all such uses which
are prior nonconforming uses or exist pursuant to a variance approval,
including, but not limited to, all restaurants, bars, shopping centers,
establishments which sell food, establishments which sell liquor,
or similar uses shall be required to provide ash receptacles or receptacles
specifically designed for the disposal of cigarette butts, cigar butts
or cigarette or cigar ashes outside of its premises.
[Added 5-24-2012 by Ord. No. 2012-14]
No person, including merchants owning or occupying a place of
business, shall sweep into or deposit in any gutter or 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 sidewalks in front of their premises
free of litter.
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter in a public place within the Borough or upon public
property. No person in any aircraft shall throw out, drop or deposit
within the Borough any litter.
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 its load, contents or litter from being blown or deposited
in any 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 public place mud, dirt, sticky substances, litter
or foreign matter of any kind.
The owner, agent, lessee, tenant, occupant or other person who
manages or controls a building or lot shall be jointly or severally
responsible for keeping the sidewalk, flagging and curbstone and the
airshafts, area ways, backyards, courts, parking lots and alleys free
from litter.
No person shall bring, cart, remove, transport or collect any
litter from outside the Borough into the Borough for the purpose of
dumping or disposing thereof unless authorized by the Borough. No
vehicle containing litter which has been transported into the Borough
shall be parked or allowed to remain standing on any street in the
Borough or any public property for a period in excess of two hours.
[Added 6-21-2012 by Ord. No. 2012-17]
A.Â
It shall be unlawful for any person to discard or dump along any
street or road, on or off any right-of-way, any solid waste, including
but not limited to vehicle or vehicle parts, rubber tires, appliances,
furniture, construction waste or demolition waste, and any household
or commercial solid waste.
B.Â
It shall be unlawful for any person to discard or dump on any property,
public or private, or in any body of water any solid waste, including
but not limited to vehicle or vehicle parts, rubber tires, appliances,
furniture, construction waste or demolition waste, or any manner of
solid waste, without the express written consent of the property owner,
and then only in a litter receptacle or waste container designed for
the express purpose of solid waste storage or disposal.
C.Â
Open dumps are declared to be a nuisance, hazardous to human health
and are prohibited. Leaf-composting facilities operating in compliance
with all applicable regulations and possessing all applicable permits
or those operated by property owners or operators solely for the purpose
of composting vegetative wastes produced on site shall not be regulated
by this article.
D.Â
The land application of clean fill, provided that it is wholly uncontaminated
by the presence of other solid waste and further provided that it
is applied by the property owner or with the express written consent
of the property owner, shall not be regulated by this article.
[Added 6-21-2012 by Ord. No. 2012-17]
A.Â
It shall be unlawful for any residential or commercial property owner
to permit open or overflowing waste disposal bins, containers or litter
receptacles on his or her property.
B.Â
It shall be unlawful for any residential or commercial property owner
to permit the presence of waste disposal bins, containers or litter
receptacles in a manner which promotes or tends to promote the presence
of any disease vector.
[Added 6-21-2012 by Ord. No. 2012-17]
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during or after completion of any construction or demolition
project. It shall be the duty of the owner, agent or contractor in
charge of a construction site to furnish containers adequate to accommodate
flyable or nonflyable solid waste at areas convenient to construction
areas and to maintain and empty the receptacles in such a manner and
with such a frequency as to prevent spillage of solid waste. The Construction
Official or his/her designee shall also have the authority to enforce
this article.
[Added 6-21-2012 by Ord. No. 2012-17]
It is unlawful for any person to place, to cause to be placed,
or to hire another person to place any advertisement, handbill or
unsolicited material of any kind in or on any street, sidewalk, building
or vehicle within the community in such a manner that it may be removed
by natural forces.
[Amended 12-20-1993 by Ord. No. 93-19]
A.Â
B.Â
Separate violation. Except as otherwise provided, every day that
a violation shall continue shall be deemed a separate violation.
[Adopted 3-23-2006 by Ord. No. 2006-07]
An ordinance to establish requirements to control littering
in the Borough of Wallington, so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material, or any combination thereof,
including, but not limited to, any bottle, jar or can, or any top,
cap or detachable tab of any bottle, jar or can, any unlighted cigarette,
cigar, match or any flaming or glowing material, or any garbage, trash,
refuse, debris, rubbish, grass clippings or other lawn or garden waste,
newspapers, magazines, glass, metal, plastic or paper containers or
other packaging or construction material, but does not include the
waste of the primary processes of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
A.Â
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle or, having done so, to allow such litter
to remain.
B.Â
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this article, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this article.
This article shall be enforced by the Building Inspector or
his designee of the Borough of Wallington.
