[HISTORY: Art. I adopted by the Borough Council (now Municipal
Council) of the Borough of Monroeville (now Municipality of Monroeville)
as indicated in article history. Subsequent articles adopted by the
Municipal Council of the Municipality of Monroeville as indicated
in article histories. Amendments noted where applicable.]
[Adopted 9-15-1962 by Ord. No. 368]
As used in this article, the following terms shall have the
meanings indicated:
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle maintained by
a private person, fully enclosed and complete with a tight-fitting
lid.
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter of literature
which:
A.
Advertises for sale any merchandise, product, commodity or thing;
B.
Directs attention to any business or mercantile or commercial
establishment or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales;
C.
Directs attention to or advertises any meeting, theatrical performance,
exhibition or event of any kind for which an admission fee is charged
for the purpose of private gain or profit; but the terms of this subsection
shall not apply where an admission fee is charged or a collection
is taken up for the purpose of defraying the expenses incident to
such meeting, theatrical performance, exhibition or event of any kind
when either of the same is held, given or takes place in connection
with the dissemination of information which is not restricted under
the ordinary rules of decency, good morals, public peace, safety and
good order, provided that nothing contained in this subsection shall
be deemed to authorize the holding, meeting, theatrical performance,
exhibition or event of any kind without a license, where such license
is or may be required by any law of this state or under any ordinance
of this Municipality; or
D.
While containing reading matter other than advertising matter,
is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as advertiser or distributor.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
LITTER
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 the public health, safety and welfare.
NEWSPAPER
Any newspaper of general circulation as defined by general
law or any newspaper duly entered with the Post Office Department
of the United States, in accordance with the federal statute or regulation,
or any newspaper filed and recorded with any recording officer as
provided by general law and, in addition thereto, shall mean and include
any periodical or current magazine regularly published with not fewer
than four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of
"commercial handbill" or "newspaper."
PARK
A park, reservation, playground, beach, recreation center
or any other public area in the Municipality owned or used by the
Municipality and devoted to active or passive recreation.
PERSON
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, alleys or other
public ways and any and all public parks, squares, grounds and buildings.
REFUSE
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.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, used wood or wood scraps, glass, bedding, crockery and similar
materials.
VEHICLE
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 Municipality except in public
receptacles, in authorized private receptacles for collection or in
official municipal 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 Municipality 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 Municipality 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 Municipality shall keep
the sidewalks 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
Municipality or upon private property.
No person shall drive or move any truck or other vehicle within
the Municipality unless such vehicle will prevent any load, contents
or litter from being blown or deposited upon any street, alley or
other public place. No shall any person drive or move any vehicle
or truck within the Municipality, the wheels or tires of which carry
into or deposit in any street, alley or other public place mud, dirt,
sticky substances, litter or foreign matter of any kind; provided,
however, that no person shall be deemed in violation of this section
of the article unless he has been given 24 hours' written notice,
signed by the Municipal Manager or Chief of Police, advising him to
remove such litter or debris within such period.
[Added 12-14-1971 by Ord.
No. 771]
A. Any truck or other vehicle in the act of transporting rubbish or
refuse as defined herein, excluding abandoned automobiles or major
household appliances, within or through the Municipality of Monroeville,
shall be completely enclosed, either through the design of the truck
or the vehicle or, if not designed with top cover and end cover, by
utilizing canvas or other durable weather-resistant material securely
attached to the truck or other vehicle, which completely covers the
top, open sides or any other opening in the truck or other vehicle
through which rubbish or refuse may be discharged.
B. Any person, firm, corporation, partnership or political subdivision acting in violation of Subsection
A above shall, upon summary conviction thereof, be fined in an amount not exceeding $600, plus costs of prosecution, and, in default of payment of such fine and costs, shall be imprisoned in Allegheny County Jail for a period not exceeding 30 days. Each load of refuse or rubbish hauled in a truck violating the above provisions shall be considered a separate offense and shall be punishable as such hereunder.
[Amended 7-8-1997 by Ord.
No. 2042]
No person shall throw or deposit litter in any park within the
Municipality 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 any commercial or noncommercial
handbill in or upon any sidewalk, street or other pubic place within
the Municipality. Nor shall any person hand out or distribute or sell
any commercial handbill in any public place; provided, however, that
it shall not be unlawful on any sidewalk, street or other public place
within the Municipality for any person to handout or distribute, without
charge to the receiver thereof, any noncommercial handbill to any
person willing to accept it.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle; provided, however, that it shall
not be unlawful in any public place for a person to hand out or distribute,
without charge to the receiver thereof, a noncommercial handbill to
any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any private premises which is temporarily or continuously
uninhabited or vacant.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill upon any private premises if requested by
anyone thereon not to do so or if there is placed on said premises
in a conspicuous position near the entrance thereof a sign bearing
the words "No Trespassing," "No Peddlers or Agents" or "No Advertisement"
or any similar notice indicating in any manner that the occupants
of said premises do not desire to be molested or have their right
of privacy disturbed or to have any such handbills left upon such
premises.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon private premises which is inhabited,
except by handing or transmitting any such handbill directly to the
owner, occupant or other person then present in or upon such private
premises; provided, however, that in case of inhabited private premises
which are not posted, as provided in this article, such person, unless
requested by anyone upon such premises not to do so, may place or
deposit any such handbill in or upon such inhabited private premises
if such handbill is so placed or deposited as to secure or prevent
such handbill from being blow or drifted about such premises or sidewalks,
streets or other public places, and except that mailboxes may not
be so used when so prohibited by federal postal law or regulations.
The provisions of §
249-14 above shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein), except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
No person shall post or affix any notice, poster or other paper
or device calculated to attract the attention of the public to any
lamppost, public utility pole or shade tree or upon any public structure
or building, except as may be authorized or required by law, by the
Municipal Council or its authorized agents or by the Municipal Council
Permit Committee.
No person shall throw or deposit litter on any occupied private
property within the Municipality, whether owned by such person or
not, except that the owner or person in control of 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 Municipality, whether owned by such person
or not.
A. Notice to remove. The Chief of Police or such other person as may
be designated by the Council is hereby empowered to notify the owner
of any open or vacant private property within the Municipality or
the agent of such owner to properly dispose of litter located on such
owner's property which is dangerous to the public health, safety or
welfare. Such notice shall be by registered or certified mail, addressed
to said owner at his last known address.
B. Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of written notice provided for in Subsection
A above, or within 10 days after the date of such notice in the event that the same is returned to the Municipal Post Office Department because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Chief of Police is hereby authorized and empowered to order its disposal by the Municipality.
C. Charge against owner. When the Municipality has effected the removal
of such dangerous litter or has paid for its removal, the actual cost
thereof, plus accrued interest at the rate of 6% per annum from the
date of the completion of the work, if not paid by such owner prior
thereto, shall be charged to the owner of such property.
D. Recorded statement constitutes lien. The amount due the Municipality,
if not paid by the owner within 30 days of notice thereof, shall be
liened in the Office of the Prothonotary of Allegheny County in accordance
with the law pertaining thereto.
[Amended 7-8-1997 by Ord.
No. 2042]
Any person violating any of the provisions of this article,
upon summary conviction thereof, shall be fined in an amount not exceeding
$600, plus costs of prosecution, and, in default of payment of such
fine and costs, shall be imprisoned in the Allegheny County Jail for
a period not exceeding 30 days. Each such violation that is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such hereunder.
[Adopted 4-11-1989 by Ord. No. 1665]
Any person who drops or permits to be dropped or thrown upon
any street, highway or other public place in the Municipality of Monroeville,
without the consent of the owner thereof, from a truck or other vehicle
any wastepaper, sweepings, ashes, household waste, glass, metal, refuse
or rubbish or any dangerous or detrimental substance shall immediately
remove the same or cause it to be removed.
Any truck or other vehicle shall not be driven or moved on any
street, highway or other public place in the Municipality of Monroeville
unless such vehicle is so constructed, loaded or covered with a tight-fitting
cover so as to prevent any wastepaper, sweepings, ashes, household
waste, glass, metal, refuse or rubbish or any dangerous or detrimental
substance from dropping, sifting, leaking or otherwise escaping therefrom
onto the streets, highways or other public places of the Municipality,
except that sand or other substances may be dropped for the purpose
of securing traction or water or other substances may be sprinkled
on a roadway in cleaning or maintaining such roadway.
No person shall operate any truck or other vehicle so as to
track mud on any street, highway or other public place in the Municipality
of Monroeville.
For the purposes of this article, a person who permits to be
dropped or thrown from a vehicle any of the items described in this
article shall include the driver of the vehicle and the registrant
of any vehicle registered in this commonwealth from which any of the
items are dropped or thrown, either by the registrant or any person
operating, in possession of or present within the vehicle with the
permission of the registrant, regardless of the registrant's intent
or lack of knowledge with respect to the disposal of such items in
violation of this section, where the registrant of the vehicle does
not, with reasonable certainty, identify the driver of the vehicle
at the time the violation occurred.
[Amended 7-8-1997 by Ord.
No. 2042]
Any person violating any of the provisions of this article is
guilty of a summary of offense and shall, upon conviction, be sentenced
to pay a fine of not more than $1,000, plus costs of prosecution,
and, in default of payment of such fine and costs, to imprisonment
for a period not exceeding 30 days.