[HISTORY: Adopted by the Borough Council of the Borough of
Jenkintown 2-26-1968. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Jenkintown
Borough Anti-Litter Ordinance."
A.
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.
B.
GARBAGE
LITTER
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
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 Borough owned or used by the Borough
and devoted to active or passive recreation.
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 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.
Any and all streets, sidewalks, boulevards, alleys or other
public ways 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 Borough except in public
receptacles, in authorized private receptacles for collection or in
official Borough 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 sweep into or deposit in any gutter, street
or other public place within the Borough 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.
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or other public place within
the Borough 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 Borough shall keep the sidewalk
in front of their business premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
Borough or upon private property.
No person, firm or corporation 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.
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 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 Borough, 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.
No person shall throw or deposit litter in any park within the
Borough 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,
stream or any other body of water in a park or elsewhere within the
Borough.
No person shall throw or deposit litter on any occupied private
property within the Borough, whether owned by such person or not,
except that the owner or person in control of the 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.
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.
No person shall throw or deposit litter on any open or vacant
private property within the Borough, whether owned by such person
or not.
Leaves may be excluded from the terms and provision of this
chapter during such period as annually stated by the Highway Commissioner
for pickup and disposal by or for his Department under such regulations
as he may establish.
[Amended 4-28-1980 by Ord. No. 80-13]
A.
The Borough Manager is hereby authorized and empowered to notify
the owner of any private property within the Borough, or the agent
of such owner, to properly dispose of litter located on such owner's
property which is dangerous to public health, safety and welfare.
Such notice shall be sent by registered mail, addressed to said owner
at his last known address.
B.
Upon the violation, neglect or refusal of any owner or agent so notified
to properly dispose of litter dangerous to public health, safety or
welfare within 15 days after receipt of written notice, or within
15 days after the date of such notice in the event the same is returned
to the Borough Post Office Department because of its inability to
make delivery thereof, the Borough Manager is hereby authorized and
empowered to pay for the disposing of such litter or to order its
disposal by the Borough. In the event that the Borough pays for the
disposal of any litter after notice, as aforesaid, or causes the said
litter to be removed, then the said Borough shall have the power to
levy and collect the costs thereof from such owner in the manner prescribed
by law, and the Borough shall file a lien or municipal claim for the
amount of the same against the property of any owner failing to comply
with the provisions of this chapter in accordance with the provisions
of the Act of Assembly in such case made and provided.
[Amended 4-28-1980 by Ord. No. 80-13; 1-30-1989 by Ord. No. 89-2]
Any person violating any of the provisions of this chapter shall
be liable to a fine of not more than $600 or to imprisonment for a
period not to exceed 30 days, or both, to be collected as fines and
penalties are collected by law.
