As used in this chapter, the following terms
shall have the meanings given herein:
ASHES
The remains left after the burning of fuel, combustible rubbish
or wood.
BOROUGH MANAGER
The duly appointed official holding the position created by Chapter
15, Manager, as amended.
BRUSH
Material resulting from landscaping or trees, such as leaves,
limbs or twigs from trees or cuttings from trees, shrubbery, hedges
and similar matter.
BULKY WASTES
Large waste items such as large auto parts, trees, large
stumps and other oversized wastes, the size of which precludes or
complicates their handling by normal solid waste collection processing
or disposal methods.
COMMERCIAL SOLID WASTES
All types of wastes generated by stores, offices, restaurants,
warehouses and other such nonmining, nonmanufacturing activities and
also nonprocessing wastes generated at industrial facilities, such
as office and packing wastes; excluding, however, construction and
demolition wastes, bulky wastes, street wastes, hazardous wastes,
solids derived from water pollution abatement activities, infectious
wastes and rubbish.
CONSTRUCTION AND DEMOLITION WASTES
Discarded building materials and packaging rubble resulting
from construction, remodeling, repair and demolition operations on
pavements, houses, commercial buildings and other structures.
DWELLING UNIT
A unit for occupancy by a family as a residence, characterized
by a kitchen and sanitary facilities.
FOOD WASTES
The animal and vegetable residues resulting from the handling,
storage, sale, preparation, cooking and serving of foods, commonly
called "garbage."
HAZARDOUS WASTES
Any wastes or combination of wastes which pose a substantial
present or potential hazard to human health or living organisms because
such wastes are nonbiodegradable in nature, because they can be biologically
magnified, because they may be highly toxic or lethal or because they
may otherwise cause or tend to cause detrimental cumulative effects.
INSTITUTIONAL SOLID WASTES
Wastes originating from educational, health-care and correctional
and like facilities; excluding, however, construction and demolition
wastes, bulky wastes, street wastes, solids derived from water pollution-abatement
activities, infectious wastes, hazardous wastes and rubbish.
LITTER
All types of wastes, including commercial, institutional
and residential solid wastes, wastes derived from industrial, mining
and agricultural operations, commercial and demolition wastes, rubbish,
food wastes, ashes, brush, bulky wastes, hazardous wastes, infectious
wastes, excrement, street wastes and dead animals.
PERSON
Any individual, firm, partnership, association, corporation,
company or organization of any kind, except the Borough, whether acting
as an owner of property or occupant thereof or acting as a trucker
or contractor doing business within the Borough or acting as an agent
for any of the same.
PRIVATE PROPERTY
Any real property within the Borough other than a public
place, whether inhabited or temporarily or continuously uninhabited
or open or vacant, and shall include any yard, grounds, walk, driveway,
porch, steps, vestibule or mailbox belonging or appurtenant to any
dwelling, house, building or other structure situate on such private
property.
PUBLIC PLACES
Any and all streets, sidewalks, boulevards, alleys or other
public ways, gutters, drains, sewers, public parks, buildings, playgrounds,
creeks, ponds, lakes and streams.
RESIDENTIAL SOLID WASTES
Food wastes, garbage and trash resulting from the normal
activities of households, excluding rubbish and bulky wastes.
RUBBISH
A general term for wastes taken from residential properties,
commercial establishments and institutions, including tree branches
(each less than four feet in length and six inches in diameter), brush
and bagged grass clippings. "Rubbish" shall exclude, however, food
wastes, street wastes, bulky wastes, ashes, construction and demolition
wastes and hazardous wastes.
STORAGE
Interim containment of waste after generation and prior to
collection for ultimate recovery or disposal.
STREET
Any public or private road capable of accommodating the passage
of a compactor collection vehicle, pickup truck or other similar vehicle.
STREET WASTES
Material picked up by manual or mechanical sweepings of alleys,
streets and sidewalks, wastes from public waste receptacles and material
from catch basins.
It shall be unlawful for any person to throw,
place, sweep, deposit or otherwise dispose of or cause the disposal
of any litter in or on any public place within the Borough, except
that a person may dispose of litter in public receptacles authorized
for that type of litter in such a manner as to prevent it from being
carried or deposited by the elements or otherwise in or on any public
place or private property within the Borough.
It shall be unlawful for any person to throw,
place, sweep, deposit or otherwise dispose of or cause the disposal
of any litter in or on any private property within the Borough or
for the owner or person in control of private property to permit the
accumulation of litter thereon, except that the owner or person in
control of private property may store certain types of litter thereon
as provided in this chapter or other ordinances of the Borough or
as permitted by the Borough Manager, provided that such storage will
be in such a manner that such litter will be prevented from being
carried or deposited by the elements or otherwise in or on any public
place or any other private property within the Borough.
It shall be unlawful for any person to burn
litter in or on any of the public places of the Borough without the
express written permission of the Borough Manager.
The Borough Manager is hereby authorized and
empowered to notify, in writing, the owner or person in control of
any private property within the Borough or the agent of any such owner
or person to properly dispose of any litter located on such property,
including the sidewalks adjacent thereto, in violation of this chapter.
Such notice shall be by certified mail addressed to such owner or
person or agent thereof at his last known address. Upon failure, neglect
or refusal of any such owner or person or agent thereof so notified
to properly dispose of such litter within 15 days after the date of
mailing of such notice, in the event that the same is returned because
of an inability to make delivery thereof, the Borough Manager is hereby
authorized and empowered to have such litter removed at the expense
of any such owner, person in control or agent.
The Borough Council may, by resolution, at any
time, set a schedule of fees for the collection of litter from residential,
commercial, institutional or industrial locations, and the Borough
Council may enter into any contractual arrangements for such collection
as it may deem proper.
Any person adjudged to have violated any of the provisions of this chapter shall pay a penalty in an amount not exceeding $300, plus any costs incurred by the Borough pursuant to §
69-5 hereof. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.