[HISTORY: Adopted by the Borough Council of the Borough of Ephrata 8-11-2014 by Ord. No. 1507. Amendments noted where applicable.]
Editor's Note: This chapter was originally adopted as Ch. 218, but was redesignated to fit the organizational structure of the Code.
This chapter shall be known and may be cited as the Ephrata Borough Non-Litter Ordinance.
For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. 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.
- AUTHORIZED PRIVATE RECEPTACLE
- Any litter storage and collection receptacle as used by the citizens of the Borough of Ephrata to convey litter to trash haulers for collection.
- The Borough of Ephrata, Lancaster County, Pennsylvania.
- BOROUGH PROPERTY
- Any property owned, leased or operated by the Borough of Ephrata.
- CODE ENFORCEMENT OFFICER
- A person designated by Borough Council to enforce this chapter, including the issuance of citations, their designated assistants or agents and those code enforcement officers and officials of the Borough of Ephrata as defined in Chapter 245, Property Maintenance, of the Code of the Borough of Ephrata and other ordinances of the Borough of Ephrata; the police officers of the Borough of Ephrata.
- CONSTRUCTION DEBRIS/WASTE
- Any refuse consisting of building materials, including but not limited to wood, drywall, plaster, shingles, flooring, glass, carpeting, and any and all other byproducts of construction and demolition.
- Perishables and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper booklet, or any other printed or otherwise reproduced original or copies of any matter or literature;
- A. Which advertises for sale any merchandise, product, service, commodity or thing;
- B. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales;
- C. Which 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. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, for the private benefit and gain of any person so engaged as advertisers, services for hire, or for the private benefit and gain of any person so engaged as advertiser or distributor.
- Garbage, refuse, or rubbish, paper products, discarded plastic, cans, containers, leaves, yard waste, cigarettes, and all other waste material which, if thrown or deposited, may be a danger to the public health, safety and welfare of the public.
- Any newspaper or general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with Federal statue or regulation, and any newspaper filed and recorded with any recording officer as provided by general law and shall also mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
- Any park, playground, nature area, recreation area or any other public area in the Borough of Ephrata, 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.
- PRIVATE PREMISES
- Any house, building, or structure, designed or used for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, grounds, walk, driveway, porch, steps, mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
- PUBLIC PLACE
- Any area open to or accessible by the public, including streets, highways, alleys, parks, sidewalks, Borough property, and any area members of the public may enter upon without the express permission of the owner.
- REFUSE CONTAINER
- A receptacle which is constructed of plastic, metal, or fiberglass, having handles of adequate strength for lifting and having a tight-fitting lid capable of preventing entrance into the container by vectors, or a polyethylene bag which is specifically designed for storage and collection, is protected against animal damage and overloading so as to prevent littering or attraction of insects or rodents, and has a holding strength capable of withstanding normal stresses until it is collected.
- Every device in, upon, or by which any person or property is or may be transported or drawn upon a street, highway or alley.
- YARD WASTE
- All garden residues, leaves, shrubbery, tree trimmings smaller than six inches in diameter, grass clippings, and sod.
No person shall throw or deposit litter in or upon any street, highway, alley, sidewalk or other public place within the Borough except in public refuse containers or in authorized receptacles for collection.
Any person placing litter in public or private refuse containers or in other authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. All litter shall be placed within a completely enclosed container at all times. Litter or solid waste shall not be placed outside any refuse container, dumpster or authorized private receptacle or overflowing from the top of the refuse container, dumpster or authorized private receptacle in order to prevent scattering. The provisions of this section shall not apply to the temporary placement of unenclosed refuse containers, authorized private receptacles or other receptacles (including cardboard boxes and the like), for periods not exceeding 12 hours, on days scheduled for municipal waste pick up, provided that no such unenclosed refuse container, authorized private receptacle or other receptacle shall be permitted where the elements or threat of elements would carry or likely carry or deposit litter upon any street, sidewalk or other public place or upon private property.
No person shall sweep, rake or deposit litter or yard waste in any gutter, swale, stormwater facility, street or other public place within the Borough of Ephrata.
Any person owning or occupying property within the Borough of Ephrata shall keep all yard areas on their premises free of litter or waste. All solid waste or litter shall be removed on a regular basis and contained within a refuse container or authorized private receptacle. Yard waste may be composted or retained within the rear yard on private property. All recyclable items shall be stored in a recycling container in accordance with the provisions of Chapter 271, Solid Waste, of the Code of the Borough of Ephrata. All household waste shall be properly stored in a refuse container and disposed of in a timely manner.
Any person owning or occupying places of business within the Borough shall keep any sidewalk or walkway or parking area on their property free of litter.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter from said vehicle.
No person shall throw or deposit litter in any park or Borough property except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements. Garbage or litter left at the entrance to any recycling facility is prohibited. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere, as provided herein.
No person or contractor shall deposit or dump construction debris or construction waste onto private or public property. Construction waste or litter shall be deposited into a dumpster or enclosed refuse container.
No person shall throw or deposit litter in any fountain, pond, stream or any other body of water on public or private property.
No person shall throw or deposit any handbill in or upon any vehicle on public or private property.
No person shall throw or deposit any unsolicited handbill in or upon any private premises whether or not such premises is inhabited, uninhabited or vacant. Phone books may be deposited on occupied properties only. The provisions of this section shall not apply to the distribution of mail by the United States Postal Service, or to newspapers or flyers containing political and religious information, or to a contracted vendor providing a delivery to a business or residence.
No person shall drive or move any truck or other vehicle within the Borough unless such vehicle is so operated, constructed and loaded so as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public or private place. A person may not drive or move any vehicle within the Borough that causes mud, dirt, sticky substances, litter or foreign matter to be deposited on to any public or private street, highway alley or Borough property.
No person shall deposit clothing, shoes or litter outside of any collection box (such as Salvation Army or Goodwill receptacles) or place items so as to cause overflowing from a collection box. The litterer, owner of the box and the real property owner shall each be responsible to prevent such littering.
No person shall affix any handbill, yard sale sign, or the like to any utility pole, public sign post or tree either on public or private property. The provisions of this section shall not apply to the temporary placement of 'No Trespassing,' yard sale, and similar signs erected by the owner or occupant of the property when such signs are erected and placed in accordance with the provisions of Chapter 319, Zoning, of the Code of the Borough of Ephrata.
Notice to remove. The Code Enforcement Officer of the Borough of Ephrata, or his or her designated agents are hereby authorized and empowered to notify the owner of any private property within the Borough or agent of such property within the Borough to dispose of litter located on such owner's property which is dangerous to public health, safety, the environment or the public welfare. Such notice shall be by certified and regular mail, addressed to said owner or agent at the owner's or agent's last known address as shown on the tax assessment records of the County of Lancaster. In the event that the notice is returned showing that it was not delivered, a copy thereof shall be posted in a conspicuous place on the property affected by such notice.
Action upon noncompliance. Upon the failure, neglect or refusal on any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare within the 10 days after receipt of written notice provided for in Subsection A above, or within 10 days after the date of the posting of such notice in the event the same is returned to the Borough of Ephrata because of inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, or agent, the Borough, through its employees, contractors or agents, is hereby authorized and empowered to dispose of such litter.
Charge for removal. When the Borough has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at 10% per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property and forwarded to said owner at the owner's last known address by certified and regular mail.
Municipal lien authorized. Where the full amount due the Borough is not paid by such owner within 10 days after the mailing of a demand for payment, then, and in that case, the Council of the Borough of Ephrata shall cause to be recorded a municipal lien upon the property in the Office of the Prothonotary of Lancaster County, at Lancaster, Pennsylvania, showing the cost and expense incurred for the work, and the date the work was done and the location of the property on which said work was done. Such lien shall remain in full force and effect for all costs incurred by the Borough, plus a penalty of 10% of such costs, plus the Borough's reasonable attorney's fees.
No person shall deposit or store litter, garbage, recyclables on a trailer or within a vehicle which is parked on private or public property.
Whoever violates any other provision of this chapter shall be fined not less than $50 nor more than $1,000 or imprisoned not more than 30 days, or both. Each day the violation exists constitutes a separate violation.
Any person found guilty of violating any provision of this chapter shall pay the court costs and reasonable attorney fees incurred by the Borough in the enforcement proceeding or proceedings in addition to any fines and/or terms of imprisonment imposed.
In addition to prosecution of persons violating this chapter, the Code Enforcement Officer, or any duly authorized agent of the Borough, may take such civil or equitable remedies, in any court of record of the Commonwealth of Pennsylvania, against any person or property, real or personal, to effect the provisions of this chapter.
The Borough of Ephrata through its authorized Codes Enforcement Officers shall have the full authority to enforce this chapter, including the issuance of citations to violators.
This chapter shall take effect and be in force after its enactment by the Council of the Borough of Ephrata at the earliest date permitted by law.