[HISTORY: Adopted by the Board of Supervisors of the Township of Whitpain 7-2-1990 as Ord. No. 198, which ordinance adopted the provisions herein as Ch. 94 of the Township Code. The provisions were renumbered as Ch. 103 to preserve the alphabetical sequence of the Code. Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Whitpain 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.
As used in this chapter, the following terms shall have the meanings indicated:
- 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.
- A park, reservation, playground, beach, recreation center or any other public area in the township owned or used by the township and devoted to active or passive recreation.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- 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.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards and alleys; parking, loading and unloading areas of commercial, industrial, shopping center and institutional establishments; or other places to which the public has access; and any and all public parks, squares, spaces, grounds and buildings.
- 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.
- 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.
- 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.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the township except in public receptacles, in authorized private receptacles for collection or in official township dumps.
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 deposit litter, refuse, garbage or other waste materials into any public streets, sidewalks, cartways, stormwater sewers, swales or other public places within the township or otherwise permit the accumulation of said materials from any building or lot or other public or private sidewalk or driveway into said public streets, cartways, sidewalks, curbs, gutters, stormwater sewers, swales or other public places or rights-of-way.
It shall be the duty of every property owner to keep the sidewalk adjacent to his home free of litter, refuse, garbage or other waste materials. Failure to clear said areas after notice by the township may be considered a violation of this chapter and result in commencement of enforcement actions or penalty provisions.
No person, business, fictitious name, corporation or other business entity owning or operating 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. Failure to clear said areas after notice by the township may be considered a violation of this chapter and result in commencement of enforcement actions or penalty provisions.
Each person, business, fictitious name, corporation, landlord or tenant or other business entity of parking lots, loading and unloading areas, common driveways, shared open space, common passageways situate in multifamily residential, commercial, industrial, shopping center, office or office park usage within the township shall be responsible to keep said areas litter free. Failure to clear said areas after notice by the township may be considered a violation of this chapter and result in commencement of enforcement actions or penalty provisions.
No person, while operator or passenger in any vehicle operating on any highways, streets, parking areas, common passageway or common driveways, whether public or private, shall throw or deposit litter, refuse, garbage or rubbish upon such areas and public places or on any private property anywhere within Whitpain Township.
No person, firm or corporation shall place or cause to be placed along any highway, right-of-way, sidewalk area or occupied or unoccupied private property any empty or filled milk cases, bread cases or shopping carts.
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 from such truck or motor vehicle, 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, stick 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, bay or any other body of water in a park or elsewhere within the township.
No person shall throw, deposit or permit to accumulate any litter on any open or vacant private property within the township, whether owned by such person or not.
The enforcement of the provisions of this chapter shall be undertaken by the Department of Police.
Any person who or which shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $10 nor more than $300 for each and every such offense, at the discretion of the District Justice, together with the costs of prosecution. All prosecutions for violations of this chapter shall be by summary proceedings and brought in the name and for the use of the Township of Whitpain before a District Justice. Each day of failure to correct a violation, following written notice, shall be considered a separate violation.