[HISTORY: Adopted by the Township Council
of the Township of Manchester as indicated in article histories. Amendments
noted where applicable.]
[Adopted by Ord. No. 83-229; amended in its entirety by Ord. No. 90-116 (Sec.
3-6 of the 1996 Revised General Ordinances)]
A.
No person shall throw, drop, dump, discharge or otherwise
place any paper, bottle, trash, garbage, refuse or debris of any nature
upon any public or quasi-public lands, highways, roads, streets, rights-of-way
or other property owned or under the control of the Township of Manchester.
B.
No person shall throw, drop, dump, discharge or otherwise
place any paper, bottle, trash, garbage, refuse or debris of any nature
upon any private property or other property not their own.
Litter receptacles and their servicing are required
at the following public places which exist in the municipality, including:
sidewalks used by pedestrians in active retail commercially zoned
areas, such that at a minimum there shall be no single linear quarter-mile
without a receptacle; buildings held out for use by the public, including
schools, government buildings, and railroad and bus stations; parks;
drive-in restaurants; all street vendor locations; self-service refreshment
areas; construction sites; gasoline service stations islands; shopping
centers; parking lots; campgrounds and trailer parks; marinas, boat
moorage and fueling stations; boat launching areas; public and private
piers operated for public use; beaches and bathing areas; and at special
events to which the public is invited, including sporting events,
parades, carnivals, circuses, and festivals. The proprietors of these
places or the sponsors of these events shall be responsible for providing
and servicing the receptacles such that adequate containerization
is available.
A container suitable for the depositing of litter.
It shall be unlawful for any residential or
commercial property owner to permit open or overflowing waste disposal
bins on his or her property.
It shall be unlawful for any vehicle to be driven,
moved, stopped or parked, on any public roadway unless such a vehicle
is constructed, covered or loaded to prevent any of its load from
dropping, sifting, leaking or otherwise escaping therefrom. Any person
operating a vehicle from which any materials which constitute litter
have fallen or escaped, which could cause an obstruction, damage a
vehicle, or otherwise endanger travelers or public property, shall
immediately cause the public property to be cleaned of all such materials
and shall pay the costs therefor.
It shall be unlawful for any owner, agent, or
contractor in charge of a construction or demolition site to permit
the accumulation of litter before, during, or immediately following
completion of any construction or demolition project, it shall be
the duty of the owner, agent, or contractor in charge of a construction
site to furnish containers adequate to accommodate flyable and nonflyable
debris or trash at areas convenient to construction areas, and to
maintain and empty the receptacles in such a manner and with such
a frequency as to prevent spillage of refuse.
Any person who shall violate any of the provisions of this article shall, upon conviction, be subject to the penalties included in Chapter 1, Article II, General Penalty, of the Township Code. If the violation is of continuing nature, each and every day during which it continues constitutes a separate and distinct offense.
[Adopted 2-28-2005 by Ord. No. 05-004]
The purpose of this article is to establish
requirements to control littering in the Township of Manchester, so
as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this article clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
Any used or unconsumed substance or waste material which
has been discarded or no longer usable, whether made of aluminum,
glass, plastic, rubber, paper, or other natural or synthetic material,
or any combination thereof, including, but not limited to, any bottle,
jar or can, or any top, cap or detachable tab of any bottle, jar or
can, any unlighted cigarette, cigar, match or any flaming or glowing
material or any garbage, trash, refuse, debris, rubbish, grass clippings
or other lawn or garden waste, newspapers, magazines, periodicals
or discarded reading material, glass, metal, plastic or paper containers
or other packaging or construction material or any trash, wastepaper
or garbage lying about, but does not include the waste of the primary
processes of mining or other extraction processes, logging, sawmilling,
farming or manufacturing.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A.
It shall be unlawful for any person to throw, drop,
discard or otherwise place any litter of any nature upon public, commercial
or private property other than in a litter receptacle, or having done
so, to allow such litter to remain.
B.
Whenever any litter is thrown or discarded or allowed
to fall from a vehicle or boat in violation of this article, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this article.
C.
It shall be unlawful for any person to discard, drop
or place along any street or road, or off any right-of-way, any litter
as defined in this article, or any household or commercial solid waste,
rubbish, refuse, or junk, in any place not specifically designed for
the purpose of solid waste storage or disposal.
D.
It shall be unlawful for any residential, private
or commercial property owner to permit open or overflowing waste disposal
receptacles on his/her property.
It shall be the duty of any owner, lessee, tenant,
occupant or person in charge of any structure, whether residential,
private or commercial, to keep and cause to be kept the sidewalk,
curb or any parking area abutting the building or structure free from
litter obstructions or nuisances of any kind and to keep sidewalk,
curbs, areaways, backyards or courts and alleys free from litter,
solid waste or other offensive material.
[Amended 7-11-2005 by Ord. No. 05-034[1]]
The provisions of this article shall be enforced
by Township enforcing officials, including but not limited to the
Police Department and Code Enforcement Office.
Any person who shall violate any of the provisions of this article shall, upon conviction, be subject to the penalties included in Chapter 1, Article II, General Penalty, of the Township Code. If the violation is of continuing nature, each and every day during which it continues constitutes a separate and distinct offense.
