[HISTORY: Adopted by the Town Council of the Borough of West
View 11-5-1975 by Ord. No. 1176 (Ch. 88 of the 1977 Code). Amendments
noted where applicable.]
A.
Word usage. 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.
B.
AIRCRAFT
AUTHORIZED PRIVATE RECEPTACLE
BOROUGH
COMMERCIAL HANDBILL
GARBAGE
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
Definitions. For the purpose of this chapter, the following terms
shall have the meanings indicated:
Any contrivance now known or hereafter invented, used or
designed for navigation or for flight in the air. The word "aircraft,"
shall include helicopters and lighter-than-air dirigible balloons.
A litter storage and collection receptacle approved by the
Council of the Borough of West View.
The Borough of West View, County of Allegheny, Commonwealth
of Pennsylvania.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copy of any matter or literature;
one which advertises for sale any merchandise, product, commodity
or thing; one which directs attention to any business or mercantile
or commercial establishment or activity for the purpose of either
directly or indirectly promoting the interests thereof by sales; one
which directs attention to or advertises any meeting, theatrical performance,
exhibition or event of any kind for which admission fees are charged
for the purpose of private gain or profit; or one which, while containing
reading matter other than advertising matter, is predominately and
essentially an advertising and is distributed and circulated for advertising
purposes or for the private benefit and gain of any person so engaged
as advertiser or distributor. The terms of this definition shall not
apply where an admission fee is charged or a collection is taken up
for the purpose of defraying the expenses incident to such a meeting,
theatrical performance, exhibition or event of any kind, when either
of the same is held, given or takes place in connection with the dissemination
of information which is not restricted under the ordinary rules of
decency, good morals, public peace, safety and good order, provided
that nothing contained in this chapter shall be deemed to authorize
the holding, giving or taking place of any meeting, theatrical performance,
exhibition or event of any kind without a license where such license
is or may be required by any law of the Commonwealth of Pennsylvania
or under any ordinance of the Borough of West View.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food. Litter, garbage,
refuse and rubbish, as defined herein, and all other waste material
which is thrown or deposited as herein prohibited tends to create
a danger to the public health, safety and welfare.
Any newspaper of general circulation as defined by general
law; any newspaper duly entered with the Post Office Department of
the United States in accordance with the federal statute or regulations;
any newspaper filed and recorded with the recording officer as provided
by general law; and, in addition thereto, any periodical or current
magazine regularly published with not less than four issues per year
and sold to the public.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original or copy of any
matter or literature not included in the aforesaid definitions of
commercial handbill or newspaper above.
A park, playground, recreation center or any other public
area in the Borough owned or used by the Borough and devoted to active
or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling, house, building or other structure designed
to be used wholly or in part for private residential purposes, whether
inhabited or temporarily or continuously uninhabited or vacant, including
any yard, grounds, walk, driveway, park, step, vestibule or mailbox
belonging or appurtenant to such dwelling, house, building or other
structure.
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 waste (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, grass, leaves, yard clippings, 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.
No person shall throw or deposit litter in or upon any street,
sidewalk or public place 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 a manner as to prevent it from
being carried or deposited by the elements upon any street, sidewalk
or other place or upon public property.
No person shall sweep into or deposit in any gutter, street
or other public place within the Borough the accumulation of litter
from a 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 from litter.
A.
No person 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.
B.
Persons owning or occupying places of business within the Borough
shall keep the sidewalks in front of their business premises free
from litter.
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or 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 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 throw or deposit litter in any park within the
Borough, except in public receptacles and in such a manner that the
litter will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street or other public place.
Where the public receptacles are not provided, all such litter shall
be carried away from the park by the person responsible for its presence
and shall be properly disposed of elsewhere, as provided herein.
No person shall throw or deposit litter in any pond, stream
or any other body of water in a park or elsewhere within the Borough.
No person shall throw or deposit litter in any storm or sanitary
sewer, including rights-of-way.
[Amended 2-2-1977 by Ord. No. 1191]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the Borough, nor shall any person hand out, distribute or sell any
commercial handbill in any public place; provided, however, that it
shall not be unlawful on any sidewalk, street or public place within
the Borough for any person to hand out or distribute a noncommercial
handbill without charge to the person willing to accept it.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle; provided, however, that it shall
not be unlawful in any public place for a person to hand out or distribute,
without charge to the receiver thereof, a noncommercial handbill to
any occupant to a vehicle who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any private premises temporarily or continuously
uninhabited or vacant.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill upon any premises if requested by anyone
thereon not to do so or if there is placed on said premises, in a
conspicuous position near the entrance thereof, a sign bearing the
words "no trespassing," "no peddlers or agents," "no advertisements"
or any similar notice indicating in any manner that the occupants
of said premises do not desire to be molested or have their right
of privacy disturbed or have any such handbills left upon such premises.
A.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill in or upon private premises which are inhabited except by
handing or transmitting any such handbill directly to the owner, occupant
or other person then present in or upon such private premises; provided,
however, that in the case of inhabited private premises which are
not posted as provided in this chapter, such person, unless requested
by anyone upon such premises not to do so, may place or deposit any
such handbill in or upon such inhabited private premises if such handbill
is so placed or deposited as to secure and prevent such handbill from
being blown or drifted about such premises or sidewalks, streets or
other private or public places, except that mailboxes may not be used
when so prohibited by federal postal law or regulations.
B.
Exceptions for mail and newspapers. The provisions of this section
shall not apply to the distribution of mail by the United States nor
to newspapers, as defined herein, except that newspapers shall be
placed upon private property in such a manner as to prevent their
being carried or deposited by the elements upon any street, sidewalk
or other public place or upon private property.
No person in an aircraft shall throw out, drop or deposit within
the Borough any litter, handbill or other object.
No person shall post or affix any notice, poster or other paper
or device calculated to attract the attention of the public to any
lamppost, public utility pole or shade tree or upon any public structure
or building, except as may be authorized or required by law.
No person shall throw or deposit litter on any occupied or private
property within the Borough, whether owned by such person or not,
except that the owner or person in control of private property may
maintain authorized private receptacles for collection in such a manner
that litter will be prevented from being carried or deposited upon
any street, sidewalk or public place or upon any private property.
The owner or person in control of any private property shall,
at all times, maintain the premises free of litter; provided, however,
that this section shall not prohibit the storage of litter in any
authorized private receptacles for collection.
A.
Notice to remove. The Borough of West View is hereby authorized and
empowered to notify the owner of any open or vacant property within
the Borough or the agent of such owner to properly dispose of litter
located on such owner's property which is dangerous to public
health, safety or welfare. Such notice shall be given by certified
mail and addressed to said owner at his last known address.
B.
Action upon noncompliance. Upon the failure, neglect or refusal by
any owner or agent so notified to properly dispose of litter dangerous
to the public health, safety or welfare within five days after the
receipt of a written notice as provided in the foregoing section,
the owner shall be cited for a violation in accordance with the provisions
of this chapter.
[Amended 2-2-1977 by Ord. No. 1191]
Any person who shall be convicted of violating or failing to
comply with the provisions of this chapter before any Magisterial
District Judge shall be punishable by a fine of not more than $300,
together with the costs of prosecution, and in default of payment
of fine and costs, such violators shall be subject to imprisonment
in the Allegheny County Jail for a term not to exceed 30 days. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of a violation may be punished as provided above
for each separate offense.
