[HISTORY: Adopted by the Township Committee of the Township of Bethlehem 5-24-1979
as Ord. No. 199. Section 106-8 amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
This chapter shall be known as the "Township of Bethlehem Anti-Litter
Ordinance."
For the purpose of this chapter, the following terms, phrases and words
shall have the meaning given herein. The word "shall" is always mandatory
and not merely directory.
Putrescible animal and vegetable waste resulting from any handling,
preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined herein.
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 residential, commercial or industrial purposes,
whether inhabited or uninhabited or vacant, and shall include any lands adjacent
thereto under common ownership as that of the ownership of the structure.
Any and all streets, sidewalks, alleys or other public ways, and
any and all public grounds and buildings.
All putrescible solid wastes, including garbage.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as paper wrappings, cardboard, tin cans, glass, bedding, building
materials, abandoned and dismantled automobiles, scrap metal, industrial waste,
broken asphalt, concrete and like construction, road debris and similar materials.
A.
No person shall sweep litter into or deposit litter in
any public place.
B.
No person shall throw or deposit litter in any pond,
lake, stream or any other body of water in the township.
C.
No person in any aircraft shall throw out, drop or deposit
within the township any litter, handbill or any other objects.
D.
No person shall throw or deposit litter from a vehicle
upon any public place or upon any private premises or vacant land.
E.
No person shall drive or move any truck or other commercial
vehicle unless the vehicle is so constructed or loaded as to prevent any litter
from being blown or deposited upon private premises, public places and vacant
lands.
F.
No person shall throw, deposit or store litter on any
vacant land or private premises 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 and removal of
the same in such manner that the litter shall not be unsightly and detrimental
to the surrounding neighborhood.
G.
No person shall tamper with, cause to spill or remove
any of the contents from any public or private receptacle containing litter
or any other waste material which has been placed or deposited along any public
highway or street for collection by the township or any private scavenger.
H.
No person shall throw or deposit any commercial or noncommercial
handbill, newspaper, paper, periodical, magazine, circular, card or the like
in or upon any sidewalk, street or other public place within the township,
nor shall any person hand out or distribute any commercial or noncommercial
handbill, newspaper, paper, periodical, magazine, circular, card or the like
in any public place; provided, however, that it shall not be unlawful on any
street within the township for any person to hand out or distribute, without
charge to the receiver thereof, any noncommercial handbill, newspaper, paper,
periodical, magazine, circular, card or the like to any person willing to
accept it.
I.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill, newspaper, paper, periodical, magazine, circular,
card or the like in or upon private premises except by handling or transmitting
any such material 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, such person, unless requested by anyone upon such premises
not to do so, shall have the authority to place or deposit any such handbill,
newspaper, paper, periodical, magazine, circular, card or the like in or upon
such inhabited private premises if such materials are placed or deposited
so as to secure or prevent it from being blown or drifted on private premises
or public places and except that mailboxes may not be used for such purpose
when so prohibited by federal postal law or regulations.
J.
No person shall throw or deposit any commercial or noncommercial
handbill, newspaper, paper, periodical, magazine, circular, card or the like
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 the same without charge
to the receiver thereof to any occupant of a vehicle who is willing to accept
it.
K.
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 pole or shade tree or upon any public structure or building,
except as may be authorized by the owners thereof or required by law.
L.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill, newspaper, paper, periodical, magazine, circular,
card or the like upon private premises if requested by anyone thereon not
to do so.
A.
Notice to remove. The Zoning Officer or his duly designated
agent is authorized and empowered to notify the owner of private premises
or vacant land or the tenant or agent of such owner to dispose properly of
litter located on such owner's property which is in violation of this
chapter. Notice shall be by certified mail, return receipt requested, addressed
to said property owner or his agent or tenant at his last known address or
served personally upon said owner, tenant or agent.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of said litter within 10 days after receipt of written notice specified in Subsection A of this section or within 10 days after the date of such notice in the event that it is returned to the township by the Post Office Department because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner, tenant or agent, the Zoning Officer or his duly designated agent is authorized and empowered to pay for disposing of such litter or to order its disposal by the township.
C.
When the township has effected the removal of litter
or has paid for its removal, the actual cost thereof shall be charged to the
owner of the property and be payable within 30 days from the date of the mailing
of the bill therefor.
D.
Where the full amount due the township is not paid by the owner within 30 days after the disposal of such litter and the billing for said service as specified in Subsections A, B and C, then and in that case, the Zoning Officer shall certify the cost thereof to the Township Committee, which shall examine the certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against such lands. The amount so charged shall constitute a lien on the property and shall remain in full force and effect for the amount due, in principal and interest, until final payment has been made. Such costs and expenses shall be corrected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty at the same rate as in the case of taxes in the event that they are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. The certification of the Zoning Officer in accordance with the provisions hereof shall be prima facie evidence that all legal requirements of this chapter has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the properly designated or described in the statement and that the same is due and collectible as provided by law.
The provisions of this chapter shall not apply to the distribution of
mail by the United States.
The occupant of every structure shall cause garbage to be removed from
the premises on which structures are located at least once weekly by private
scavenger or otherwise.
Nothing set forth in this chapter shall be deemed to prohibit:
A.
The creation and maintenance of a bona fide compost pile
or heap upon private premises where such compost pile or heap contains solely
organic refuses and garbage, excluding human body waste and dead animals,
the end product of said compost pile or heap to be used incident to gardening
activities, and provided that the material of which such compost pile or heap
is comprised shall not be supplied by persons other than the owner or tenant
of the private premises upon which the compost pile or heap is located.
B.
The deposit and maintenance of yard clippings, leaves,
branches and twigs from trees and other similar natural refuse, at a location
for collection by the township pursuant to a prescribed removal program of
the township therefor.
C.
The deposit and maintenance of other litter in a location
along the street line, suitable for township or other authorized collection,
provided that such rubbish and other litter, if so deposited and maintained,
shall not be so deposited and maintained at such location for a period exceeding
one day.
D.
The creation and maintenance of a woodpile on private
premises, said woodpile to be kept stacked and reasonably secured and to be
used to collect and maintain wood for purposes of burning in a fireplace or
stove located within a structure existing upon said private premises.
