[HISTORY: Adopted by the Borough Council
of the Borough of Media 9-18-2008 by Ord. No. 1049. Amendments noted where
applicable.]
The purpose and intent of this chapter is:
A.
To protect the people of Media against the health
and safety menace and expense incident to the littering of the streets,
public places and private lands by the throwing of trash or rubbish
of any kind thereon and by the promiscuous and uncontrolled distribution
of unsubscribed commercial handbills or samples.
B.
To protect the people against the alerting of would-be
burglars, larcenists, arsonists and other persons of criminal intent
to the temporary vacancy of any building by reason of accumulation
of ungathered unsubscribed commercial handbills or samples lying upon
or attached to the grounds or structures of any private property.
The following terms when used in this chapter
shall have the meanings set forth below:
The Borough of Media, Delaware County, Pennsylvania.
Any printed or written matter, leaflet, pamphlet or any other
printed or otherwise-reproduced literature or sample which advertises
for sale any merchandise, product, commodity or thing or which directs
attention to any business or mercantile establishment or which directs
attention to or advertises any meeting, theatrical performance or
event of any kind for which an admission fee is charged; and any printed
or written matter which, 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.
The leaving of rubbish or trash, as defined in this section,
on any private or public property without consent of the owner of
the property.
Any discarded rubbish or trash, as defined in this chapter,
and all other waste material which, if thrown or scattered about in
a careless manner or lying about in disorder as prohibited in this
section, is determined to be a nuisance to the safety, health, cleanliness
and comfort of the inhabitants of the Borough.
Includes any newspaper of general circulation published or
distributed for profit, as defined by general law; any newspaper published
or distributed for profit, duly entered with the United States Postal
Service in accordance with federal statute or regulation; and any
newspaper published or distributed for profit, filed and recorded
with any recording officer as provided by general law; and, in addition
thereto, includes any periodical or current magazine regularly published
and sold to the public.
Includes any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, unsubscribed newspaper or magazine,
paper booklet or any other printed or otherwise reproduced original
or copies of any matter or literature not included in the aforesaid
definition of a commercial handbill, or any commercial handbill, as
previously defined, used for a charitable or nonprofit purpose within
the meaning of Section 501(c)(3) of the Internal Revenue Code.
Any dwelling, house, building, structure or vacant lot, whether
inhabited, occupied or temporarily or continuously uninhabited or
vacant, and shall include any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to any such dwelling,
house, building or other structure.
Any street, sidewalk, highway, alley or other public way
and any public park, square, space, ground or building.
Nonputrescible solid waste consisting of both combustible
and noncombustible wastes, such as paper, wrapping, cigarettes, cardboard,
cans, wood, glass, bottles, bedding, crockery and similar items.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, food and other household waste, street cleaning,
dead animals, and solid and industrial waste, or any other form of
waste which causes danger to the health, safety and welfare of any
resident or business owner.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a street, including devices used
exclusively upon stationary rails or tracks.
For the purposes of this chapter, the word "shall"
is always mandatory and not merely directory.
A person shall not throw, dump, deposit or allow
to occur trash or rubbish in or upon any street, sidewalk or other
public place within the Borough, except that litter may be thrown
or deposited in public receptacles or in authorized private receptacles
for collection.
Persons placing litter in public receptacles
or in private receptacles shall do so in a manner as to prevent it
from being carried or deposited by the elements upon any street, sidewalk
or other place or upon private property.
A person shall not sweep into or deposit in
any gutter, street or other public place within the Borough the accumulation
of litter from any building, lot, public or private sidewalk or driveway.
Persons owning, leasing or occupying private premises, including places
of business, shall keep the sidewalk in front of their premises free
of litter.
A person while a driver or passenger in a vehicle
shall not throw or deposit litter upon any street or other public
place within the Borough or upon private premises.
A person shall not 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 or other public place within the Borough
or upon private premises.
A person shall not drive or move any truck or
other vehicle within the Borough so that the wheels or tires of such
vehicle carry onto or deposit on any street, alley or other public
place mud, dirt, sticky substances or foreign matter of any kind.
A person shall not throw dump, deposit or allow
to occur 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 by this chapter.
A person shall not throw, deposit or allow to
occur lifter in any stream, creek, run or any other body of water
within the Borough.
A person shall not throw, deposit, dump or allow
to occur litter on any occupied private premises within the Borough,
whether owned by such person or not, except that the owner or person
in control of private premises may maintain authorized private receptacles
for the collection of litter in such a manner that lifter will be
prevented from being carried or deposited by the elements upon any
street, sidewalk or other public place or upon any private premises.
The owner or person in control of any private
premises shall at all times maintain the premises free of litter;
provided, however, that this section shall not be so construed as
to prohibit the storage of litter in authorized private receptacles
for collection.
A person shall not throw, dump, deposit or allow
to occur litter on any open or vacant property within the Borough,
whether owned by such person or not.
A.
It shall be unlawful for any person, firm or corporation
to deposit, fasten, place, throw, scatter or cast any unsubscribed
commercial handbill or sample, or cause the same to be done, upon
any private premises if a sticker, sign, poster or other device conspicuously
lettered LEAVE NO UNSUBSCRIBED MATERIALS is conspicuously posted on
the front portion of the main dwelling house of such premises or along
the main entrance to such premises; provided, however, that any such
sign shall not exceed two square feet in area.
B.
It shall be unlawful for any person, firm or corporation
to deposit, fasten, scatter or cast any unsubscribed commercial handbill
or sample, or cause the same to be done, which does not have conspicuously
printed thereon or therein the name and address of the person, firm
or corporation that, in the capacity of distributor, caused the same
to be distributed.
C.
Exemptions. The provisions of this § 197-15 shall not be deemed to apply to any newspaper or noncommercial handbill or sample, or to the distribution of mail by the United States Postal Service, or to the distribution of any unsubscribed handbill or sample upon private premises by handing or transmitting any such handbill or sample directly to the owner or occupant of such premises.
It shall be unlawful for any person, firm or
corporation to throw or deposit commercial handbills or noncommercial
handbills in or upon any sidewalk, street or other public place, provided
that it shall not be unlawful on any sidewalk, street or other public
place to distribute, without charge, any noncommercial handbill or
commercial handbill to any person willing to accept it.
A.
The Borough Manager or any Code Enforcement Officer
is hereby authorized and empowered to notify the owner and/or occupant
of any open or vacant private premises or any occupied or unoccupied
private or business premises within the Borough, or the agent of such
owner or occupant, to properly dispose of litter located on such property.
Such notice shall be by certified mail, addressed to said owner and/or
occupant at his last known address, or served personally by the Borough
Manager or any Code Enforcement Officer or his nominee upon such owner
or occupant.
B.
Upon failure, neglect or refusal of any owner or occupant so notified to properly dispose of litter within three days after receipt of the written notice provided for in Subsection A above, or three days after the date of such notice in the event that the same is returned unserved, the Borough Manager or any Code Enforcement Officer is hereby authorized and empowered to order the correction of such violation, using Borough funds or Borough personnel to accomplish such correction, and may charge the costs thereof to the violator. Collection of such costs by the Borough may be made by lien or otherwise as authorized by law.
A.
Any person or entity violating any provision of this
chapter shall, upon summary conviction before the Majesterial District
Judge, pay a fine not to exceed $1,000 and costs of prosecution and
may be sentenced to the county jail for a term of not more than 30
days. The exact amount of the fine may be determined by resolution
of the Borough Council from time to time. Each day that a violation
hereunder shall continue shall constitute a separate offense punishable
by like fine or penalty. Such fines and penalties shall be collected
as like fines and penalties are now by law collected.
