[HISTORY: Adopted by the Borough Council
of the Borough of Lehighton as Ch. 98 of the 1975 Code. Section 138-18
amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
This chapter shall be known as the "Anti-Litter
Ordinance of the Borough of Lehighton."
A.Â
ASHES
GARBAGE
LITTER
PARK
PERSON
PUBLIC PLACE
REFUSE
RUBBISH
Terms defined. As used in this chapter, the following
terms shall have the meanings indicated:
Includes ashes from coal or wood.
Includes any offal or refuse of fish, fruit, vegetable, animal
matter or any other organic substance subject to fermentation or decay.
Includes garbage, refuse and rubbish and all other waste
material which, if thrown or deposited as prohibited in this chapter,
tends to create a danger to the public health, safety and welfare.
Includes any park, reservation, playground, recreation center
or any other public area in the borough and devoted to active or passive
recreation.
Includes any natural person, partnership, association, firm
or corporation.
Includes any and all streets, sidewalks, boulevards, alleys
or other public ways and any and all parks, squares, spaces, grounds
and buildings.
Includes any rubbish, garbage, ashes or any other material.
Includes papers, rags, excelsior, straw, old clothes, paper
and cardboard boxes, old shoes, tin cans, glass, china, glass containers,
oyster and clam shells, lawn trimmings, grass, weeds and other waste
materials which shall result from the ordinary conduct of housekeeping.
B.Â
Word usage. The singular shall include the plural,
and the masculine shall include the feminine and neuter.
No person shall throw or deposit litter in or
upon any street, sidewalk or other public place within the borough,
except in public receptacles or in authorized private receptacles
for collection.
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
street, gutter or other public place within the borough 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 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 shall keep the sidewalks and gutters 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 public place
within the borough or upon private property.
No person shall 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, alley or other public place; nor shall
any person drive or move any vehicle or truck within the borough,
the wheels of which carry onto or deposit in any street, alley or
other public place mud, dirt, sticky substances, litter or foreign
matter of any kind.
No person shall throw or deposit 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 herein.
No person shall throw or deposit litter in any
stream, run or other body of water within the borough.
No person in an aircraft shall throw out, drop
or deposit within the borough any litter or any other object.
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.
No person shall throw or deposit litter on any
occupied private property within the borough, 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 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 within the borough 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 upon
any open or vacant private property within the borough, whether owned
by such person or not.
A.Â
The Borough Manager is hereby authorized and empowered
to notify the owner of any open or vacant private property within
the borough or the known agent of such owner to properly dispose of
litter located on such owner's property, which litter is dangerous
to public health, safety or welfare. Such notice shall be by certified
mail and addressed to said owner or his agent at his last known address.
B.Â
Upon the failure, neglect or refusal of any owner
or agent so notified to properly dispose of litter which is dangerous
to public health, safety or welfare within 10 days after receipt of
the written notice provided above or within five days after the date
of such notice, in the event that the same is returned to the borough's
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 his agent, the Borough Manager is hereby authorized
and empowered to have the litter removed and pay for its disposal
or to order its disposal by the borough.
C.Â
When the borough has effected the disposal of such
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 by the borough, if not paid by such owner or
his agent, shall be due and payable by said owner or his agent upon
receipt of the bill.
D.Â
Where the full amount due the borough is not paid
by such owner or his agent within 30 days after the disposal of such
litter, as provided above, then in that case, the Borough Manager
shall cause the same to be collected by an action of assumpsit against
the property owner.
The enforcement of the provisions of this chapter
shall be the responsibility of the Borough Manager.
All persons, firms or corporations violating
or contributing to the violation of the provisions of this chapter
or permitting their agents or representatives, while under their control
or under their direction, to do so shall, upon conviction thereof
before any District Justice, be subject to a fine of not less than
$1, nor more than $600 and costs of prosecution for each and every
offense and, in default of payment of such fine and costs, to imprisonment
for not more than 30 days. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall
be punishable as such hereunder.
