[HISTORY: Adopted by the Board of Supervisors of the Township of East Manchester 9-10-1973 by Ord. No. 9-10-73A (Ch. 49 of the 1988 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers and junkyards — See Ch. 122.
Solid waste and recycling — See Ch. 187.
Abandoned or junked vehicles — See Ch. 227.
As used in this chapter, the following terms shall have the meanings indicated:
LITTER
Includes dirt, rubbish, waste articles, refuse, garbage, trash, ashes or waste materials of any kind, whether they are liquid or solid. Such term shall be construed liberally when there is any question raised on a violation thereof.
TRASH
Includes but is not necessarily limited to any lumber, junk, debris, garbage, refuse, discarded or used objects, machinery, equipment or any other materials of any kind or nature, whether they are liquid or solid, which cause or tend to cause diminution in the value of other properties in this neighborhood in which such premises are located and which are unsightly or distasteful to others in the vicinity. Such term shall be construed liberally when there is a question raised on a violation thereof.
No person owning, leasing, occupying or having charge, control or custody of any premises shall maintain or keep any trash or litter thereon, nor shall any such person keep or maintain such premises in any manner causing substantial diminution in the value of other property in the neighborhood in which such premises is located.[1]
[1]
Editor's Note: Original Section 3, Inoperative vehicles, storage prohibited, which immediately followed this section, was deleted 4-12-1988 by Ord. No. 4-12-88. For current provisions regarding abandoned or junked vehicles, see Ch. 227, Vehicles, Abandoned or Junked.
It shall be unlawful to place, deposit, leave, dump, collect or in any other manner allow any litter or trash, as described herein, on any premises in the Township of East Manchester without the consent of said Township and without the consent of the owner, tenant or lessee in possession thereof. This section shall not allow for the placing, depositing or dumping of any trash or litter as set forth above in violation of any other ordinance of East Manchester Township, even though the owner, tenant or lessee in possession thereof had consented to such depositing, placing or dumping of such junk or trash.
It shall be unlawful for any person, firm or corporation, in person or by his agent, employee or servant, to cast, throw, sweep, sift, deposit or place in any manner in or upon any public way or public place in the Township or any river, public water drain, sewer or receiving basin within the jurisdiction of this Township any kind of dirt, rubbish, waste articles, litter, trash or things or substances whatever, whether liquid or solid, nor shall any person, firm or corporation cast, throw, sweep, sift, deposit or place any of the aforementioned items anywhere within the jurisdiction of said Township in such manner that they may be carried or deposited, in whole or in part, by the action of the sun, wind, rain or snow into any of the aforementioned places.
It shall further be unlawful for any person, firm or corporation, in person or by his agent, employee or servant, to use any vehicle of any nature or kind to haul any kind of dirt, rubbish, waste articles, trash or things or substance, whether liquid or solid, unless such vehicle is covered in such manner to prevent any part of its load from spilling or dropping at all and any times while such vehicle is in motion on any street or alley in the municipality. Such requirements herein shall not apply for the covering of such vehicles carrying brush cuttings, tree trimmings, branches, logs and similar waste material if such matter is securely lashed to such vehicle to prevent spillage or dropping as aforesaid.
This chapter shall not apply to the depositing, dumping or placing of any trash or litter under a permit authorized by any ordinance of this Township or to any goods, wares or merchandise deposited upon any public way or other place temporarily in the necessary course of trade and removed therefrom within two hours after being so deposited or to articles or things deposited or conducted into the Township sewer system through lawful drains in accordance with the ordinances of the Township relating thereto.
The owner, tenant, lessee, corporation, in person or by his agent, employee or servant, or any other person occupying or having charge or custody of any premises within the Township of East Manchester shall be responsible for observing and complying with the regulations as set forth in this chapter.
[Amended 11-7-1989 by Ord. No. 12-13-88B; 11-14-1989 by Ord. No. 11-14-89C; 5-14-1996 by Ord. No. 5-14-96; 2-19-1997 by Ord. No. 2-19-97A[1]]
Any person who violates any provisions of this chapter shall commit a criminal offense, and shall, upon being found guilty by a Magisterial District Judge, after hearing, pay a fine not to exceed $1,000, together with all court costs as permitted by law. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day of violation shall constitute a separate offense, which shall be subjection to prosecution as such. For purposes of this section, the Board of Supervisors of East Manchester Township hereby appoints the Township Manager, Secretary, Zoning Officer, Permit Officer or Codes Enforcement Officer as authorized representatives, any one of whom, in addition to any police officer with jurisdiction within the Township, may commence and pursue enforcement proceedings pursuant to this section.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).