[HISTORY: Adopted by the Township Council
of the Township of Lower as indicated in article histories. Amendments
noted where applicable.]
[Adopted by Ord. No. 78-110 (Sec. 3-17 of the 1975 Code)]
[Amended by Ord. No. 79-119; 3-16-2020 by Ord. No. 2020-03]
For the purpose of this
article, the following terms, phrases, words and their derivations
shall have the meanings stated herein unless their use in the text
of this chapter clearly demonstrates a different meaning. 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.
A litter storage and collection receptacle made of metal
or plastic, equipped with suitable handles and tight-fitting cover.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced copy of any matter of literature which advertises
anything for sale, directs attention to any establishment, meeting,
exhibition or event of any kind for which an admission fee is charged
for the purpose of private gain or profit.
A mixture for decaying of organic substances to be used for
soil conditioning/fertilization which is heaped, piled, and maintained
in a controlled area in such a fashion as to prevent its dispersal
as litter.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of foods.
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.
A container suitable for the depositing of litter.
Any newspaper of general circulation as defined by law or
any paper duly entered with the Post Office Department of the United
States in accordance with federal statute or regulation, including
any periodical or current magazine published and sold to the public.
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, newspaper, magazine, paper, booklet or other printed
matter not included in the definition of "commercial handbill" or
"newspaper."
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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 vacant, and shall
include commercial store premises and any yard, grounds, walk, driveway,
porch, steps, vestibule, entry or mailbox belonging or appurtenant
to a dwelling, house, building, store or structure.
All streets, sidewalks, boulevards, alleys or other public
ways, beaches, public parks, square spaces, grounds and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles 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, propelled or drawn upon a highway or beach.
[Amended 3-16-2020 by Ord. No. 2020-03]
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.
[Amended 3-16-2020 by Ord. No. 2020-03]
Whenever any litter is thrown or discarded or allowed to fall
from a vehicle or boat in violation of this article, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this article.
No person shall sweep into or deposit in any
public place the accumulation of litter from any building or lot or
from any public place or private sidewalk, premises, or driveway.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
Every person owning or occupying a place of
business engaged in the sale, distribution or service of any food
or food products for immediate consumption shall maintain authorized
private receptacles for collection in a manner that will prevent litter
from being carried or deposited by the elements in any public place
or upon private property.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street or other public
place within the Township or upon private property.
No person shall drive or move any truck or other
vehicle within the Township unless the vehicle is so constructed or
loaded as to prevent any load, contents or litter from being blown
or deposited upon the beaches, any street, alley or other public place.
No person shall 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, sticky substances, litter
or foreign matter of any kind.
No person shall throw, deposit, hand out or
distribute any commercial handbill in or upon any public place or
private premises within the Township, except by handing the commercial
handbill personally to an individual at such public place or private
premises if the individual has first personally affirmatively indicated
a willingness to receive the distribution of the commercial handbill.
No person shall throw, deposit, hand out or
distribute any noncommercial handbill in or upon any public place
or private premises within the Township, except by handing the noncommercial
handbill personally to an individual at such public place or premises
if the individual has first personally affirmatively indicated a willingness
to receive the distribution of the commercial handbill; or by placing
the noncommercial handbill securely at the private premises in question
in such a manner that it will neither be blown away nor fall to the
ground.
No person shall throw or deposit any commercial
handbill in or upon any vehicle. This shall not be construed to prevent
any person from distributing, without charge to the receiver, a handbill
to any occupant of a vehicle who is willing to accept it personally.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which is
temporarily or continuously vacant.
No one shall create a nuisance or disturbance
either in distributing or in receiving distribution of commercial
and/or noncommercial handbills by blocking either vehicular or pedestrian
traffic, or by discarding the item distributed in such manner as to
litter or deface public or private premises.
No person shall post or affix any notice, poster
or other paper or device, calculated to attract the attention of the
public, to any lamp post, public utility pole or shade tree, or upon
any public structure or building, except as may be authorized or required
by law.
[Amended by Ord. No. 79-119]
No person shall throw or deposit litter on any
private premises within the Township, whether owned by that person
or not, except that the owner or person in control of private premises
may maintain authorized private receptacles for the collection of
litter, and compost piles as defined herein, in a manner that the
litter or compost will be prevented from being carried or deposited
by the elements upon any public place or upon any private premises.
[Amended by Ord. No. 79-119]
The owner or person in control of any private
property shall at all times maintain the premises free of litter.
This section shall not prohibit the storage of litter in authorized
private receptacles for collection, nor the maintenance of compost
as prescribed herein.
No person shall throw or deposit litter on any
open or vacant private property within the Township, whether owned
by such person or not.
No person shall deposit newspapers or other
printed material, either individually or in stacks, on any private
premises within the Township, whether owned by that person or not,
unless the newspapers or other printed material is secured by rope,
string, wire, or the like of such sufficient strength as to insure
that the newspapers or other printed material shall remain secured.
This section shall not apply to newspapers deposited in receptacles
installed for the daily or weekly receipt of the newspapers.
[Amended by Ord. No. 79-119]
The Township Building Inspector, the Township
Zoning Officer, the Township Police Department, and the Township Health
Official, the latter to include any and all members of the County
Health Department assigned to duty within the Township, are authorized
and empowered to notify the owner of any private property, occupied
or vacant, within the Township, or the agent of the owner, to properly
dispose of litter on his property within 10 days of the date of the
notice. The notice shall be by certified mail, return receipt requested,
addressed to the owner or agent at his last known address and shall
state the acts to be performed, as well as the penalty for failure
to comply with the notice. In the event that the offending condition
is not remedied, the above-described persons shall be deemed the enforcement
officials of this section, and each of them shall have the authority
to bring an action in the Township municipal court seeking enforcement
of this section.
[Adopted by Ord. No. 90-1 (Sec. 3-27 of the 1975 Code)]
Litter receptacles and their servicing are required
at the following public places which exist in the municipality, including:
sidewalks used by pedestrians in active retail commercially zoned
areas, such that, at a minimum, there shall be no single linear quarter-mile
without a receptacle; buildings held out for use by the public, including
schools, government buildings and railroad and bus stations; parks;
drive-in restaurants; all street vendor locations; self-service refreshment
areas; construction sites; gasoline service station islands; shopping
centers; parking lots; campgrounds and trailer parks; marinas, boat
moorage and fueling stations; boat launching areas; public and private
piers operated for public use; beaches and bathing areas; and at special
events to which the public is invited, including sporting events,
parades, carnivals, circuses, and festivals. The proprietors of these
places or the sponsors of these events shall be responsible for providing
and servicing the receptacles such that adequate containerization
is available.
As used in this article, 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, any unlit
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
not including the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
The following persons shall be deemed to be
enforcement officials for the purposes of this article:
Anyone convicted of a violation of this article
shall be subject to a fine of $100 for each violation. If the violation
is of a continuing nature, each day during which the violation continues
shall be deemed a separate and distinct offense.
