[HISTORY: Adopted by the Board of Supervisors of the Township of
Upper Frederick 1-11-2007 by Ord. No. 2007-01.
Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Upper Frederick
Township Anti-Litter Ordinance."
For the purpose of this chapter, the following terms, phrases, words,
and their derivations, shall have the meanings given herein. 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.
A litter storage and collection receptacle as used by the citizens
of Upper Frederick Township to convey litter to trash haulers for collection.
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 of literature:
Which advertises, for sale, any merchandise, product, commodity or thing;
or
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; or
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; but the terms of this clause 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 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 clause
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 this state, or under
any ordinance of this Township; or
Which, while containing reading matter other than advertising matter,
is predominantly and essentially an advertisement, and is distributed or circulated
for advertising purposes, or for the private benefit and gain of any person
so engaged as advertiser or distributor.
Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
"Garbage," "refuse" and "rubbish," as defined herein, and all other
waste material which, if thrown or deposited as herein prohibited, tends to
create a danger to 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 federal statute or regulation, and any newspaper filed
and recorded with any recording officer as provided by general law; and, in
addition thereto, shall mean and include 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 copies of any matter of literature not
included in the aforesaid definitions of a "commercial handbill" or "newspaper."
A park, playground, recreation center or any other public area in
the Township, owned or used by the Township and devoted to active and passive
recreation.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
Any dwelling, house, building or other structure, designed or used
either wholly or in part for private residential purposes, whether inhabited
or temporarily or continuously uninhabited or vacant, and shall include any
yard, grounds, walk, driveway, porch, steps, 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 wastes (except body waste),
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.
The Township of Upper Frederick, Montgomery County, Pennsylvania.
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 rail or tracks.
No person shall throw or deposit litter in or upon any street, sidewalk
or other public place within the Township, 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 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.
No person shall sweep into or deposit in any gutter, street or other
public place within the Township 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 any sidewalk in front of their premises free
of litter.
No person owning or occupying a place of business shall sweep into or
deposit in any gutter, street or other public place within the Township the
accumulation of litter from any building or lot or from any public or private
sidewalk or driveway. Persons owning or occupying places of business within
the Township shall keep any sidewalk in front of their business premises free
of litter.
No person, while a driver or passenger in a vehicle, shall throw or
deposit litter upon any street or other public place within the Township,
or upon private property.
No person shall drive or move any truck or other vehicle within the
Township unless such vehicle is so constructed or loaded as to prevent any
load, contents or litter from being deposited upon any street, alley or other
public place. Nor shall any person drive or move any vehicle or truck within
the Township, 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 Township,
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 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 shall throw or deposit litter in any fountain, pond, lake,
stream or any other body of water in a park or elsewhere within the Township.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any sidewalk, street or other public place within the Township.
Nor shall any person hand out or distribute or sell any commercial handbill
in any public place; provided, however, that it shall not be unlawful on any
sidewalk, street or other public place within the Township for any person
to hand out or distribute, without charge to the receiver thereof, any noncommercial
handbill to any 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 of 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 which is uninhabited or vacant.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill upon any private 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 Advertisement" or any similar notice indicating, in any manner,
that the occupants of said premises do desire to be molested or have their
right of privacy disturbed or to have any such handbills left upon such premises.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill in or upon private premises which are inhabited, except by handling
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 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 or
prevent such handbill from being blown or drifted about such premises or sidewalks,
streets or other public places, and except that mailboxes may not be so used
when so prohibited by federal postal law or regulations.
A.
Exemption 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).
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 poles 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 private property
within the Township, 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 manner that litter will be prevented from
being carried or deposited by the elements upon any street, sidewalk or other
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 authorized private receptacles
for collection.
No person shall throw or deposit litter on any open or vacant private
property within the Township, whether owned by such person or not.
A.
Notice to remove. The Township Supervisors are hereby
authorized and empowered to notify the owner of any open or vacant private
property within the Township, or the agent of such property, to dispose of
litter located on such owner's property which is dangerous to public health,
safety or welfare. Such notice shall be by registered mail, addressed to said
owner at his/her last known address.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of written notice provided for in Subsection A above, or within 10 days after the date of such notice in the event the same is returned to the Township Supervisors because of its inability to make delivery thereof; provided the same was properly addressed to the last known address of such owner or agent, the Township Supervisors are hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Township.
C.
Charge for removal. When the Township has effected the
removal of such dangerous litter, or has paid for its removal, the actual
cost thereof, plus accrued interest at 6% 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 his/her last known
address by registered mail.
D.
Lien for unpaid costs. Where the full amount due the Township is not paid by such owner within 10 days after the disposal of such litter, as provided for in Subsections A and B above, then, and in that case, the Township Supervisors may cause a lien to be filed in the Court of Common Pleas of Montgomery County, in accordance with the provisions of the Pennsylvania Municipal Claims and Tax Liens Act (53 P.S. § 7101 et seq.).
Any person, firm or corporation who shall violate any provision of this chapter,
upon conviction thereof in an action brought before a District Justice in
the manner provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000, plus costs; and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this chapter continues, or each section of this chapter which shall be
found to have been violated, shall constitute a separate offense.
