This chapter shall be known and may be cited as the "Hillsdale Anti-Litter
Ordinance."
As used in this chapter, the following terms shall have the meanings
indicated:
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
LITTER
Garbage, refuse and rubbish as such are defined herein and any used
or unconsumed substance or waste material which has been discarded, whether
made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic
material, or any combination thereof, including, but not limited to, any bottle,
jar or can, or any top, cap or detachable tab of any bottle, jar or can, any
unlighted cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or
garden waste, newspapers, magazines, glass, metal, plastic or paper containers
or other packaging or construction material, but does not include the waste
of the primary processes of mining or other extraction processes, logging,
sawmilling, farming or manufacturing.
[Amended 10-10-2006 by Ord. No. 06-10]
LITTER RECEPTACLE
A container suitable for the depositing of litter.
[Added 10-10-2006 by Ord. No. 06-10]
PERSON
Any individual, corporation, company, partnership, firm, association,
or political subdivision of this state subject to municipal jurisdiction.
[Added 10-10-2006 by Ord. No. 06-10]
PUBLIC PLACE
Includes all streets, sidewalks, boulevards, alleys or other public
ways and all public parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes, except body wastes,
including garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles and solid market and industrial 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.
VEHICLE
Every device in, upon or by which any person or property is or may
be transported or drawn upon a highway.
[Amended 4-11-1989 by Ord.
No. 89-6; 10-10-2006 by Ord. No. 06-10]
A. It shall be unlawful for any person to throw, drop, discard
or otherwise place any litter of any nature upon public or private property
other than in a litter receptacle, or having done so, to allow such litter
to remain.
B. Litter receptacles shall be placed in the following public
places within the Borough of Hillsdale:
(1) In all commercially zoned areas, such that there shall
be a litter receptacle in each linear quarter mile;
(2) At all buildings held out for use by the public, including
schools, government buildings and railroad stations and bus shelters;
(4) At all construction sites;
(5) At all service station islands;
(6) At any special events to which the public is invited.
C. The proprietors of those places listed in Subsection
B or the sponsors of events listed therein shall be responsible for providing and servicing such receptacles to ensure that adequate containerization is provided.
[Amended 4-11-1989 by Ord.
No. 89-6]
No person shall sweep or otherwise deposit in any gutter, street, catch
basin or other public place any accumulation of litter from a public or private
sidewalk, driveway or lawn. Any such sweepings shall be properly containerized
for disposal.
The owner of any vacant lot or building abutting a sidewalk, and the
occupant of any such premises abutting a sidewalk, shall keep such sidewalk
free of litter.
[Amended 10-10-2006 by Ord. No. 06-10]
Whenever any litter is thrown or discarded or allowed to fall from a
vehicle or boat in violation of this chapter, the operator or owner, or both,
of the motor vehicle or boat shall also be deemed to have violated this chapter.
[Amended 4-11-1989 by Ord.
No. 89-6]
A. No person shall drive or move any truck or other vehicle
within the Borough unless such vehicle is so constructed or loaded as to prevent
any load, contents or litter thereon from being blown or deposited upon any
street, sidewalk or other public place or upon private property in the Borough.
B. All vehicles transporting materials shall be covered
to prevent the transported material from dropping, leaking or otherwise escaping.
[Amended 10-10-1972 by Ord.
No. 72-14; 4-11-1989 by Ord.
No. 89-6; 12-8-1998 by Ord.
No. 98-21]
A. Bulky materials, such as furniture, appliances and mattresses,
and tires shall be stored in enclosures, except on days designated for collection.
B. Debris shall not be stored or allowed to accumulate on
or around construction sites in such a manner that it is likely to be moved
from the site by natural forces.
C. No person shall maintain any private receptacle for litter
unless such receptacle is so constructed or covered as to prevent the contents
thereof from being blown, scattered or deposited upon any street, sidewalk
or other public place or upon private property.
D. No person shall cause or permit any garbage, refuse or
rubbish to be placed on any street, sidewalk, at the curb or in any other
public place for collection by the Department of Public Works or by others
sooner than 7:00 p.m. of the day preceding the day on which said collection
is scheduled.
E. No person shall cause or permit any receptacle for garbage,
refuse, rubbish or recyclables to remain at the curb or in any other public
place after collection by the Department of Public Works or by others any
later than 7:00 p.m. of the day said collection is scheduled.
[Added 10-10-2006 by Ord. No. 06-10]
This chapter shall be enforced by the Borough of Hillsdale Police Department.
[Amended 10-10-2006 by Ord. No. 06-10]
Any person(s) who is found to be in violation of the provisions of this
chapter shall be subject to a fine not to exceed $2,000 or the maximum permitted
by law.
[Added 10-10-2006 by Ord. No. 06-10]
Each section, subsection, sentence, clause and phrase of this chapter
is declared to be an independent section, subsection, sentence, clause and
phrase, and the finding or holding of any such portion of this chapter to
be unconstitutional, void or ineffective for any cause or reason shall not
affect any other portion of this chapter.