Township of Cheltenham, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Cheltenham 3-21-1995 by Ord. No. 1824-95. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 82.
Garbage, rubbish and refuse — See Ch. 161.
Housing standards — See Ch. 167.

§ 188-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
DEVELOPED LOT
A parcel of land on which has been built one or more buildings or has been otherwise improved with curbs, sidewalks, roads, driveways or other facilities.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
GRASS
Various green plants with blade-like leaves usually densely grown and cultivated for lawns.
GROUND COVER
Plantings such as, but not limited to, crown vetch, pachysandra, periwinkle and similar vegetation cultivated for the enhancement of lawns and reducing erosion of embankments.
LITTER
Garbage, refuse, rubbish and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
NOXIOUS PLANTS
Harmful, distasteful or obnoxious plants, such as, but not limited to, ragweed, goldenrod, timothy, ryegrass, thistle, Kentucky bluegrass, Bermuda grass, poison ivy, poison oak or poison sumac.
ORNAMENTAL SHRUBBERY
Decorative plantings such as, but not limited to, hedges, evergreens, flowering shrubs and bushes.
PARK
A park, reservation, playground, recreation center or any other public area in the Township owned or used by the Township and devoted to active or passive recreation.
PERSON
Any individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency or other entity recognized by law as the subject of rights and duties.
PRIVATE PREMISES
Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, which is 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.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals and solid market, industrial and construction wastes.
RUBBISH
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.
UNDEVELOPED LOT
A parcel of land whereon no improvements have been made.
VEHICLE
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.
WEEDS
Growths of wild vegetation having little or no value.

§ 188-2 Shrubbery, grass and weeds.

A. 
Legislative intent. The overgrowth of grass, weeds and shrubbery may be detrimental to the health and safety of the citizens of the Township by producing aggravating pollens, providing harborage for insects and rodents or by obscuring vision or obstructing passage of sidewalks and roadways.
B. 
It is hereby declared a health hazard and nuisance and it shall be unlawful for any person to permit any of the following vegetation to grow or the cuttings, clippings and trimmings therefrom to remain uncollected on any lot or tract of ground in the Township:
(1) 
Any weeds, tall grasses or noxious plants exceeding 12 inches in height on any developed lot or within 25 feet from the outer perimeter of the property lines of an undeveloped lot.
(2) 
Any ornamental shrubbery, trees or other vegetative growth which obstructs normal passage along streets, highways, lanes or sidewalks or which impairs vision at highway intersections.
C. 
These regulations shall not apply to ground covers, to open space conservation areas along stream banks, Township parkways, parks or bird sanctuaries or to heavily wooded or compost areas, at the discretion of the Director of Public Works, Code Official, or Deputy Code Official.
[Amended 3-15-2005 by Ord. No. 2079-05; 6-27-2006 by Ord. No. 2109-06]

§ 188-3 Garbage, refuse and litter.

A. 
Litter in public places. 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.
B. 
Placement of litter in receptacles. 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.
C. 
Sweeping litter into gutters prohibited. 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 the sidewalk in front of their premises free of litter.
D. 
Merchant's duty to keep sidewalks 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 the sidewalk in front of their business premises free of litter.
E. 
Litter thrown by persons in vehicles. 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.
F. 
Cases and carts. No person shall place or cause to be placed along any public highway, right-of-way, sidewalk area or occupied or unoccupied private property any empty or filled milk cases, bread cases or shopping carts.
G. 
Vehicles carrying litter so as to prevent blowing. 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 blown or 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.
H. 
Litter in parks. 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.
I. 
Litter in lakes and fountains. No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or other body of water in a park or elsewhere within the Township.
J. 
Litter in occupied private property. 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 a 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.
K. 
Owner to maintain premises free of litter. 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.
L. 
Litter on vacant lots. No person shall throw or deposit litter on any open or vacant private property within the Township, whether owned by such person or not.
M. 
Household drainage. No kitchen drainage, sink drainage, bathroom drainage, watercloset drainage or house drainage of any kind, house refuse, offal, garbage, dead animals, decaying vegetable matter or organic waste substance of any kind shall be thrown on any street, road, ditch, gutter or public place within the limits of the Township.

§ 188-4 Enforcement; removal of nuisances.

[Amended 3-15-2005 by Ord. No. 2079-05; 6-27-2006 by Ord. No. 2109-06]
The Director of Public Works, Code Official, or Deputy Code Official, after determining that a nuisance exists in violation of this chapter, shall serve written notice upon the owner or occupier of the property, or the agent thereof, by certified mail or personal service, to remove the nuisance within 10 days after receipt of such notice to comply with § 188-2 or within three days after receipt of such notice to comply with § 188-3 of this chapter. If delivery is not made to the owner or occupier, or the agent thereof, then a written notice to remove the nuisance shall be posted upon the premises. Upon such persons' failure to do so, the Township may cause the nuisance to be removed or disposed of and charge the owner for the cost thereof, together with an administrative fee of 10%, collectible in such manner as is provided by law, including the filing of a municipal claim therefor.

§ 188-5 Violations and penalties.

Any person violating any of the provision of this chapter shall, on conviction thereof, be subject to a fine or penalty of not more than $600, together with the costs of suit, collectible in the manner provided by law.