[HISTORY: Adopted by the Borough Council of the Borough of
Jim Thorpe 7-14-2016 by Ord. No.
2016-3. Amendments noted where applicable.]
Litter and dumping are costly problems that contribute to the
deterioration of property values and general disorder in a community.
Litter and littered properties degrade the physical appearance of
the Borough, which reduces business and tax revenue and inhibits economic
development. The quality of life and community pride of the Borough
of Jim Thorpe residents are negatively affected by dumping and litter.
Recognizing these are community problems, the purpose of this chapter
is to promote the health, safety, and general welfare of the Borough
by helping to create a clean environment for the citizens of the Borough.
The following words, terms, and phrases, when used in this chapter,
shall be defined as follows, unless the context clearly indicates
otherwise:
A litter-collection receptacle which is placed on the public
right-of-way or on public property to deposit small quantities of
hand-held trash, but not household or commercial waste.
Includes, but is not limited to, depositing of litter, depositing
of durable goods (refrigerators, washers, dryers, etc.), small appliances,
furniture, carpets, tires, vehicles, vehicle parts and automotive
products and other such municipal waste, hazardous waste, residual
waste and construction or demolition debris on public or private property,
except as authorized by ordinance or statute.
Any waste material or combination of solid, liquid, semisolid,
or contained gaseous material that, because of its quantity, concentration,
physical, chemical, or infectious characteristics, may:
Cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating illness;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, or
disposed of or otherwise managed.
Waste which would be chemically or physically classified
as a hazardous waste but is excluded from regulation as a hazardous
waste because it is produced in quantities smaller than those regulated
by the Pennsylvania Department of Environmental Protection and because
it is generated by persons not otherwise covered as hazardous waste
generators by those regulations. Such HHW materials meet one of the
following four classifications: toxic, flammable, reactive, or corrosive.
HHW consists of numerous products that are common to the average household,
such as pesticides and herbicides, cleaners, automotive products,
paints and acids.
Includes, but is not limited to, all waste material, garbage,
trash, i.e., waste paper, tobacco products, wrappers, food or beverage
containers, newspapers, etc., municipal waste, human waste, domestic
animal waste, furniture or motor vehicle seats, vehicle parts, automotive
products, shopping carts, construction or demolition material, recyclable
material, dirt, mud and yard waste that has been abandoned or improperly
discarded, deposited or disposed.
Any garbage refuse, industrial, lunchroom or office waste,
and other materials including solid, liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
commercial, or institutional establishments or from community activities
and which are not classified as residual waste or hazardous waste
as defined herein.
A written document issued to a person in violation of a Borough
ordinance which specifies the violation and contains a directive to
take corrective action within a specified time frame or face further
legal action.
Every natural person, firm, corporation, partnership, association,
or institution.
Any land and the improvements thereon owned by any person,
and includes front, side and rear yards; vacant lots, buildings and
other structural improvements; walkways and alleyways; and parking
areas, 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.
Any condition or premises which is unsafe or unsanitary.
Any police officer, authorized inspector, or public official
designated by the Mayor or Council to enforce the Borough ordinances.
A metal or plastic container sold for the purpose of storing
refuse that is 32 gallons or less and, when filled, weighs less than
40 pounds. Plastic bags up to thirty-two-gallon capacity sold for
the purpose of storing municipal waste may be substituted. Containers
must have a handle and a tight-fitting lid.
Any discarded material or other waste including solid, semisolid,
or contained gaseous materials resulting from construction, industrial,
mining, and agricultural operations, excluding municipal water and
sewer operations.
Any person residing or working within the Borough designated
to accept service on behalf of a legal owner or operator of a rental
dwelling unit.
No persons shall throw, scatter, deposit or sweep litter or
cause litter to be on a public place, such as a street, sidewalk,
park or playground, nor onto any private property, except in authorized
receptacles.
A.
No person shall deposit household or commercial waste in an authorized
litter receptacle. Only small quantities of hand-held trash may be
placed in authorized litter receptacles.
B.
Persons shall deposit litter in authorized litter receptacles in
such a manner as to prevent it from overflowing the receptacle.
C.
No person shall damage, deface, abuse, or misuse any litter receptacle
so as to interfere with its proper function or to detract from its
proper appearance.
No person shall throw, scatter or deposit litter in any storm
sewer in the Borough.
A.
No person shall dump or cause to be deposited trash, debris, municipal
waste, durable goods (refrigerator, washer, dryer, etc.), small appliances,
furniture, carpets, shopping carts, tires, vehicles, vehicle parts,
automotive products, construction or demolition material or other
such items on public or private property.
B.
No person shall dump or cause to be deposited household hazardous,
hazardous, or residual waste on public or private property.
A.
No person shall throw, scatter or deposit litter from a vehicle upon
any public street or other public place within the Borough or upon
private property.
B.
The owner or operator of any motor vehicle from which the aforementioned
litter is thrown, discharged, dumped, deposited, placed, left or caused
to be thrown, discharged, dumped, deposited, placed or left shall
be responsible for such litter.
A.
The provisions of this chapter shall be enforced by police officers
or any other public officer authorized to enforce ordinances.
B.
Any violation of the provisions of this chapter may be cause for
a citation and/or a notice of violation to be issued to the violator.
C.
A notice of violation shall be served by handing it to the violator,
by handing it at the residence of the person to be served to an adult
member of the household or other person in charge of the residence,
by leaving or affixing the notice or citation to the property where
the violation exists, by handing it at any office or usual place of
business of the violator to his/her agent or to the person for the
time being in charge thereof, or by mailing the notice to the violator's
address of record.
D.
Each day a violation continues or is permitted to continue may constitute
a separate offense for which a separate fine may be imposed.
E.
A public officer is authorized and empowered to cause a violation
to be corrected.
F.
If the Borough has effected the correction of the violation, the
cost thereof may be charged to the owner of the property, tenant,
or offending party.
(1)
Where the public officer or Borough takes corrective action to abate
a public nuisance, the cost thereof, including any labor or materials
supplied by the Borough or its contractors, plus an administrative
fee of $300 added to each invoice incurred, shall be charged to the
owner and shall constitute a municipal lien against the real property
upon which said cost and fee was incurred.
(2)
For nuisance abatements in excess of $2,000, the administrative fee
shall be 15% of the actual cost incurred, including any labor or materials
supplied by the Borough or its contractors.
(3)
The Borough may publish and post any regulations governing the procedures
and enforcement of any provisions of this chapter.
If any provision, paragraph, word, section or subsection of
this chapter is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words, sections, or subsections
shall remain in full force and effect.
A.
Citation fines.
(1)
Any person, firm or corporation who shall fail, neglect, or refuse to comply with any of the terms or provisions of this chapter, except § 295-6, or of any regulation or requirement pursuant hereto and authorized hereby shall, upon conviction, be ordered to pay a fine not less than $100 and not more than $1,000 for each offense or be imprisoned no more than 90 days, or both.
(2)
Any person, firm, of corporation who shall fail, neglect or refuse to comply with the provisions of § 295-6 of this chapter shall, upon conviction, be ordered to pay a fine of not less than $500 and not more than $1,000 for each offense or be imprisoned no more than 90 days, or both. In addition, the Magisterial District Judge may impose any other such remedy deemed proper, including, without limitation, an order to clean up unlawful dump sites.
B.
Restitution. The Magisterial District Judge may order the violator
to make restitution to said real or personal property owner.
