[HISTORY: Adopted by the Borough Council of the Borough of
Ephrata 8-11-2014 by Ord. No. 1507.[1] Amendments noted where applicable.]
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.
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.
Any property owned, leased or operated by the Borough of
Ephrata.
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.
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;
Which advertises for sale any merchandise, product, service,
commodity or thing;
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;
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
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.
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.
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.
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.
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
