[HISTORY: Adopted by the Borough Council
of the Borough of Old Forge 5-26-1987 by Ord. No. 7-1987 (Ch. 103 of the 1994
Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any printed or written matter, sample, device, circular,
leaflet, pamphlet, paper, magazine, booklet or other printed or otherwise
reproduced original or copy of any matter or material which advertises
for sale any product or directs attention to any business, mercantile
or commercial establishment or activity or any meeting, theatrical
performance, exhibition or event of any kind.
Includes garbage, refuse, ashes, rubbish and all other waste
material which, if thrown or deposited as herein prohibited, tends
to create a danger to public health, safety and welfare.
A park, square, playground, recreation center or other public
area in the Borough owned or used by the Borough and devoted to recreation.
Any dwelling, house, building or other structure or parking
lot designed or used, either wholly or in part, for residential, industrial
or commercial purposes, whether inhabited or temporarily or continuously
uninhabited or vacant, including any yards, grounds, walks, driveways,
porches, steps, vestibules or mailboxes belonging or appurtenant to
such premises.
All streets, sidewalks, boulevards, alleys or other public
ways and all public parks, squares, spaces, grounds and buildings.
A receptacle placed by the Borough at various locations for
the reception of litter other than household or commercial refuse.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway.
No person shall place, throw, drop or deposit
litter in or upon any street, sidewalk, park, stream or other body
of water or other place within the Borough, except in public receptacles
or in authorized private receptacles.
No person shall place or deposit litter in public
receptacles or authorized private receptacles except in such manner
as to prevent it from being scattered or carried by the elements to
any street, sidewalk or other public place or upon private premises.
No person in a vehicle shall throw or deposit
litter upon any street, sidewalk or other public place or private
premises. No person shall operate a truck or other vehicle unless
such vehicle is so constructed or loaded as to prevent its contents
from falling, being blown or deposited upon any street or public place.
No person shall throw out, drop or deposit any litter, handbill or
other object from an aircraft so as to cause it to fall within the
Borough.
A.Â
Persons owning or occupying private premises shall
make reasonable efforts to keep the sidewalks in front of such premises
free of litter. No person shall sweep into or deposit in any gutter,
street or public place the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway.
The owner or person in control of any private
premises shall at all times maintain the premises free from litter.
No person shall throw or deposit litter on any private premises or
on any open or vacant lot or premises, whether or not owned or controlled
by such person, except that such owner or person in control may maintain
authorized private receptacles for deposit, collection or temporary
storage of litter.
No person shall place or deposit any handbill
in or upon any vehicle or premises without the acceptance thereof
by the owner or occupant of such vehicle or premises, provided that
this section does not prohibit or otherwise regulate the delivery
of any matter by the United States Postal Service.
A.Â
The dumping, throwing or placing of ashes, scrap,
garbage or rubbish of any kind within the Borough by any person is
hereby declared to be a nuisance and is prohibited.
B.Â
The dumping, throwing or placing of ashes, scrap,
garbage, rubbish or refuse of any kind within the rivers, streams,
creeks or waterways located within the Borough of Old Forge by any
person is hereby declared to be a nuisance and is prohibited.
The dumping of household or commercial refuse
within the Borough into a public receptacle or into another private
receptacle without the owner's permission by any person is hereby
declared a nuisance and is prohibited.
If any person, parent or adult knowingly permits
a minor child to commit any violation of this chapter or if they knowingly
permit the minor to commit acts of vandalism, the parent or adult
shall be responsible for any costs which may be incurred by the Borough
or any designated sponsored group for causing the nuisance or repairing
the vandalized property.
No person shall steal, upset, mutilate, deface
or tamper with public or private receptacles or cause the contents
thereof to be spilled or scattered in or upon any public place or
private premises. If any provisions of this section are violated,
the person or firm shall be required to provide incurred costs for
repairing the damage in addition to any penalties hereafter prescribed.
All litter that is subject to movement by the
elements shall be secured by the owner and/or occupant of the premises
prior to the regularly scheduled pickup before the litter is scattered
by the elements to adjoining public or private places.
The general contractor in charge of any construction
or demolition site shall maintain the site in such a manner that litter
will be prevented from being scattered by the elements to adjoining
premises. All litter from construction, demolition or any related
activities shall be picked up at the end of each workday and placed
in containers in order to prevent scattering either on or to adjoining
premises. Each day that the provisions of this section are violated
shall be considered a separate and additional violation.
The person owning, operating or in control of
a loading or unloading dock shall at all times maintain the dock area
free of litter in such a manner that litter will be prevented from
being carried by the elements to adjoining premises.
[Amended 5-31-1994[1]]
A.Â
Any person violating any of the provisions of this
chapter shall, for each such offense, be punished by a fine of not
more than $1,000, plus costs of prosecution, and, in default of payment
of such fine and costs, by imprisonment for not more than 30 days.
B.Â
Each day that a violation continues or is permitted
to continue shall constitute a separate offense for which a separate
penalty may be imposed.
C.Â
Any person, firm or corporation who violates any of
the provisions of this chapter shall be issued a litter offense notice,
which shall be a form delivered by the Code Enforcement Officer. The
violator shall be required to pay the appropriate fine or penalty
to the Borough Treasurer within 10 days from the notice of violation.
The failure to make said payment within 10 days shall result in a
summons being issued in accordance with the law.
The Mayor is hereby authorized to designate
the appropriate Borough employees to enforce the provisions of this
chapter.