[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.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
No person shall throw, deposit or sweep litter
in any public place such as a street, sidewalk, park or playground,
or in the open entrances to buildings or on open porches within the
Borough of Marietta, except in authorized receptacles.
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.
No person shall throw or deposit litter in any
storm sewer in the Borough of Marietta.
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.
