[HISTORY: Adopted by the Board of Supervisors of the Township of
Skippack 8-14-1985 by Ord. No. 118. Amendments
noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein.
A container of watertight construction with a tight-fitting lid or
cover capable of preventing the escape of contents within. Such receptacles
shall have handles or other means for safe and convenient handling and be
of such size or sufficient capacity to hold all litter generated between collection
periods.
Any private or public property upon which repairs to existing buildings,
construction of new buildings or demolition of existing structures is taking
place.
Garbage, trash, waste, peelings of vegetables or fruits, rubbish,
ashes, cans, bottles, wire, paper, cartons, boxes, furniture, glass, oil or
anything of an unsightly or unsanitary nature which, if thrown or deposited
as herein prohibited, tends to create a danger to public health, safety and
welfare.
All property, including but not limited to vacant land or any land,
building or other structure designed or used for residential, commercial,
business, industrial, institutional or religious purposes, together with any
yard, grounds, walk, driveway, fence, porch, steps, vestibule, mailbox and
other structures appurtenant thereto.
Any and all streets, sidewalks, alleys or other public ways, watercourses
and any and all public parks, spaces, grounds and buildings.
Any receptacles provided by or authorized by the township.
The Township of Skippack.
Every device in, upon or by which any person or property is or may
be transported or drawn upon land or water.
No person shall deposit any litter within the Township of Skippack,
except in public receptacles, in authorized private receptacles for collection
or at any duly licensed disposal facility.
Persons placing litter in public receptacles or in authorized private
receptacles shall do so in such manner as to prevent litter from being carried
or deposited by the elements upon any public place or private premises.
No person shall upset or tamper with a public or private receptacle
designed or used for the deposit of litter or cause or permit its contents
to be deposited or strewn in or upon any public place or private premises.
Persons owning, occupying or in control of any public place or private
premises shall keep the sidewalks and alleys adjacent thereto free of litter.
The owner or person in control of any private premises, including vacant
lots visible from any public place or private premises, shall maintain such
premises in a reasonably clean and orderly manner and to a standard conforming
to other orderly premises in that vicinity. It shall be a violation of this
section to abandon, neglect or disregard the condition or appearance of any
premises so as to permit it to accumulate litter thereon.
A.
No person, while the operator of or passenger in a vehicle
shall deposit litter upon any public place or private premises.
B.
No person shall drive or move any loaded or partly loaded
truck or other vehicle within the township unless such vehicle is so constructed
or loaded as to prevent any part of its load, contents or litter from being
blown or deposited upon any public place or private premises. No person shall
drive or move any vehicle or truck within the township, the wheels or tires
of which carry onto or deposit in any public place or private premises, mud,
dirt, sticky substances, litter or foreign matter of any kind.
No person shall deposit litter in any park or playground within the
township except in 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 other public place or private premises. Where receptacles
are not provided, all such litter shall be removed from the park or playground
by the person responsible for its presence and properly disposed of elsewhere
in a lawful manner.
No person shall post or affix any notice, poster or other paper or device,
calculated to attract the attention of the public upon any public place, except
as may be authorized or required by law. No person except the owner or tenant
shall post any such notice on private property, without the permission of
the owner or tenant.
A.
Each contractor shall be responsible for the job site
so that litter will be prevented from being carried or deposited by the elements
upon any public place or other private premises.
B.
Litter or other debris, including dirt and mud, deposited
as the result of normal construction process upon any public place or private
premises shall be removed by the contractor.
A.
Litter receptacles required. Any public place containing
any provision for parking vehicles shall be equipped with litter receptacles
in compliance with this section. Such premises shall include, but is not limited
to, such places as shopping centers, drive-in restaurants, gasoline service
stations, apartment developments, parking lots and any other place where provision
is made for vehicles to stop or park in a designated area for any purpose.
B.
Number of receptacles. All premises having parking lots
shall provide in an easily accessible location a minimum of one refuse container
for every 50 parking spaces or fraction thereof.
C.
Specifications. Litter receptacles shall have tight-fitting
lids or tops and shall be weighted or attached to the ground or other fixed
structures as necessary to prevent spillage. A minimum container size of 20
gallons or 75.7 liters shall be used.
D.
Cleanliness. Premises used for the purpose designated
herein shall be kept in a litter-free condition, and all litter shall be removed
periodically from the receptacles.
E.
Obligation to use receptacles. It shall be the duty and
obligation of all persons using parking areas to use such litter receptacles
as hereinabove provided for the purposes intended, and it shall be unlawful
for any person or persons to deposit upon any such parking lot any litter.
The township may erect such signs informing the public of the prohibition
against littering within the township as it deems appropriate.
When premises are in violation of any section of this chapter, the township
is hereby empowered to enter upon the premises and may thereupon correct the
unclean conditions by such means as may be required. In the event that the
township shall have expended moneys to remove litter under the terms of this
chapter, the township shall recover the costs thereof, together with a penalty
of 6% and an attorney's fee of 5% by a municipal claim proceeding under
the Act of May 16, 1923, P.L. 207, as amended,[1] or the Act of May 1, 1933, P.L. 103, Article VII, Section 702,
as amended,[2] or by such other remedies as may be provided by law, at the election
of the township. In addition to other remedies as shall be provided for hereby,
the township may institute proceedings in a court of equity to enforce the
provisions of this chapter.
[Amended 7-24-1996 by Ord. No. 202]
A.
Any person who violates or permits a violation of this
chapter, upon being found liable therefor in a civil enforcement proceeding,
shall pay a fine of not more than $600, plus all court costs, including reasonable
attorney's fees, incurred by the township in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the District Justice and/or Court. If the defendant neither
pays nor timely appeals the judgment, the township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate officers
or agents of the township are hereby authorized to seek equitable relief,
including functions to enforce compliance herewith.[1]
B.
The Code Enforcement Officer or other officer of the township authorized to do so by the Board of Supervisors shall determine in each instance whether a violation has occurred. Upon determining that a violation has occurred, the officer shall impose a civil penalty in accordance with the amounts specified in Subsection A upon the violator. Notice of a violation shall be served upon the violator by registered or certified mail. In the event that the register or certified mail is returned unclaimed, such notice shall be served by first class mail.
