[Adopted 11-10-1969 by Ord. No. 939]
For the purpose of this article, the following terms and/or words shall have the meanings respectively ascribed to them in this section unless from the particular context it clearly appears that some other meaning is intended:
LITTER
Any wastepaper, ashes, glass, grass, clipping, trimmings, advertising circulars, samples, fruit peelings and other food residue, cans, dirt, rubbish, waste, garbage, refuse or other trash, metal, wood, plastic or any other material.
PERSON
Any individual, partnership, firm, association, corporation or any entity of any nature whatsoever.
TOWNSHIP
The Township of Whitehall.
It shall be unlawful for any person throw, dump, place or leave, or cause or permit to be thrown, dumped, placed or left any litter on the highways, streets, parkways, roadways, throughways, alleys, thoroughfares, sidewalks, grounds of the public parks, swimming pools, playgrounds, recreation areas, public buildings, streams, water or banks of such streams or rivers, vacant lots, front yards, porches, parked motor vehicles, business and commercial establishments or the private property of others generally.
No person shall distribute or cause to be distributed any handbill, flyer, circular, card, booklet, placard or other advertising matter of any nature whatsoever, in or upon any street or public place, parking lot, front yard, malls or courtyards, in or about any private, public, business and commercial locations or establishments, or on any stoop, in the vestibule or hall of any building, or in a letterbox therein or thereat; provided further, that nothing herein contained shall be deemed to prohibit or otherwise regulate the delivery of any such matter by the U.S. postal authorities or prohibit the orderly distribution of sample copies of newspapers of general circulation regularly sold by the copy or by annual subscription. This section is not intended to prevent the lawful distribution of anything other than commercial or business advertising matter. Permit is required for permissive distribution and application therefor must be signed by a legally responsible person, without charge for such permit.
It shall be unlawful for any person during the transportation of litter within the Township limits to permit the dropping or scattering of litter along the areas specified in § 6-12 hereof; and provided further, it shall be unlawful to drive or cause to be driven trucks or other motor vehicle that has mud or dirt clinging to the wheels and undercarriage of any such vehicle and which permits mud, dirt or debris to be deposited, dropped or scattered onto streets, alleyways, highways and roadways in the Township.
It shall be unlawful for any person to permit the accumulation of litter, mud, gravel or other similar material on property which he owns or occupies in any matter whatsoever to such an extent that such material is blown, carried, washed or swept onto adjacent property owned by other persons, the Township or any governmental agency.
It shall be unlawful for any person to store, warehouse or retain litter in any open area except in adequate receptacles as determined by the Health Officer or Board of Health of the Township, which receptacles shall control and conceal said litter.
Political signs and special social events notices are deemed temporary and shall be deemed "litter" 10 days after the event or primary or general election as the cause may be, whether on poles, posts, trees and the like, on the ground or otherwise outside of a building or structure; however, any such signs shall not be deemed "litter" for the period beginning 45 days before any such event, primary or general election to 10 days thereafter, respectively.
It shall be the duty of the Whitehall Township Police Department to enforce this article.
Groups or organizations holding festivals, picnics, block parties and similar events, shall provide proper receptacles for litter and constantly police the premises and be certain area is clear of all litter, placed in proper receptacles at the end of each day thereof.
[Amended 6-11-1990 by Ord. No. 1684; 8-8-2005 by Ord. No. 2578]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
[Amended 10-10-1977 by Ord. No. 1252; 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
In addition, the Mayor or his designate is hereby authorized to the penalties set forth in § 6-20, to effectuate the removal of any such litter, dirt, mud or other debris which has not been completely removed with 24 hours and to assess damages for all costs and expenses incurred by the Township to remove the litter, dirt, mud or other debris, together with a penalty of 10% of such costs.