[HISTORY: Adopted by the Borough Council of the Borough of Pemberton 11-18-1991 by Ord. No. 9-1991 (Ch. 29 of the 1975 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- 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, newspaper, 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.
It is unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than in a litter receptacle.
It is unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any litter, including but not limited to household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture or animals, in any place not specifically designated for the purpose of solid waste storage or disposal.
No person will be permitted to sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property must keep the sidewalk in front of his or her premises free of litter. All litter sweepings must be collected and properly containerized for disposal.
It is unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
It is the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind and to keep sidewalks, areaways, backyards, courts and alleys free of litter.
Enforcement officer. The provisions of this chapter shall be enforced by an official designated by the Borough Council.
Any person who violates any of the provisions of this chapter, upon conviction in the Pemberton Borough Municipal Court, shall be subject to a fine not to exceed $1,250 and/or a term of community service of litter pickup and removal for a term of not less than 20 hours nor more than 40 hours.
If a person is convicted of violating this chapter within one year of a previous conviction under this chapter, then he or she is subject to imprisonment for a definite term not to exceed 90 days and/or a fine not to exceed $1,250 and may be directed to perform community service of litter pickup and removal for a term of not less than 40 hours nor more than 90 hours.
If a money judgment is rendered, then the fine shall be remitted to the Chief Financial Officer to be used by the Borough to help finance litter control activities.
In the event that a corporation or business entity is convicted under this chapter, then the community service or prison term shall be served by the chief manager.