[HISTORY: Adopted by the Borough Council of the Borough of Marietta 11-14-1961 by Ord. No. 261 (Ch. 48, Art. I, of the 1983 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 184.
Solid waste — See Ch. 289.
Streets and sidewalks — See Ch. 300.
Vector control — See Ch. 318.
As used in this chapter, the following terms shall have the meanings indicated:
AUTHORIZED RECEPTACLE
A litter storage and collection receptacle made of a durable material and so constructed as to prevent litter from being carried from it by the elements.
LITTER
All waste material, cans, bottles and sweepings which, if thrown or deposited as herein prohibited, tend to create a danger to public health, safety and welfare.
Persons placing litter in authorized receptacles shall do so in such 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 owning or occupying premises within the Borough of Marietta shall sweep into or deposit in any gutters, street or any other public place an accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying premises within the Borough of Marietta shall keep the sidewalk in front of such premises free of litter.
No person while a driver or a passenger in a vehicle shall throw or deposit litter upon any street or other public place within the Borough of Marietta or upon private property.
The provisions of this chapter shall not apply to the distribution of mail, newspapers, periodicals, handbills, educational or religious literature, provided that nothing herein contained shall be construed to permit a recipient of any of these articles to violate the provisions of this chapter.
[Amended 12-13-1983 by Ord. No. 83-9[1]]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. If the Magisterial District Judge determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the Magisterial District Judge deems to be just. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Lancaster County.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).