[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.
A.
Enforcement officer. The provisions of this chapter shall
be enforced by an official designated by the Borough Council.
B.
Penalty.[1]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
