[HISTORY: Adopted by the Mayor and Council of the Borough of Clayton 5-23-1974 by Ord. No. 74-7. Amendments noted where applicable.]
GENERAL REFERENCES
Graffiti — See Ch. 62.
Property maintenance — See Ch. 74.
A. 
Word usage. 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. The word "shall" is always mandatory and not merely directory.
B. 
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse and rubbish, as defined herein, and all other waste material which, if thrown, deposited or stored as herein prohibited, tends to create a danger to public health, safety and welfare.
PRIVATE PREMISES
Any dwelling house, building or other structures designed or used either wholly or in part for private residential purposes, whether inhabited or vacant, and shall include any yard, ground, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling house, building or other structure.
PUBLIC PLACE
Any streets, sidewalks, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
PUBLIC STRUCTURE OR BUILDING
Any structure or building owned or operated by the federal, county or state government or any governmental agency.
REFUSE
All putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, dismantled automobiles and parts thereof, scrap metal, junk, machinery and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, plastic, Mylar, latex, bedding, crockery, building materials and similar materials.
[Amended 10-11-1990 by Ord. No. 90-11]
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 or in official Borough landfills.
[Amended 2-9-1989 by Ord. No. 89-2]
Litter receptacles and their servicing are required at the following public places which exist in the Borough of Clayton: 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 station 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 the places or the sponsors of the events described in this section shall be responsible for providing and servicing the receptacles such that adequate containerization is available. 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.
[Amended 2-9-1989 by Ord. No. 89-2]
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
[Amended 2-9-1989 by Ord. No. 89-2]
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind and to keep sidewalks, areaways, backyards, courts and alleys free from litter and other offensive material. No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his premises free of litter. All sweepings shall be collected and properly containerized for disposal.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public places within the Borough.
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 or contents of 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 or tires of which carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances 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 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.
No person shall throw, deposit or store 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 and removal of the same in such manner that the same shall not be unsightly and detrimental to the surrounding neighborhood.
The owner or person in control of any private property 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 on any open or vacant private property within the Borough, whether owned by such person or not.
[Added 2-9-1989 by Ord. No. 89-2]
It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site within the Borough of Clayton to permit the accumulation of litter before, during or after 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 receptacles adequate to accommodate flyable and nonflyable litter, refuse and rubbish at areas convenient to construction areas and to maintain and empty such receptacles in such a manner and with such a frequency as to prevent spillage of litter, refuse and rubbish.
[Added 2-9-1989 by Ord. No. 89-2]
It shall be unlawful for any person to discard or dump on or off the right-of-way of any street or road or in any place not specifically designated for the purpose of solid waste storage or disposal within the Borough of Clayton household or commercial solid waste, rubbish, refuse, junk, vehicles or vehicle parts, rubber tires, appliances, furniture or other private property.
[Amended 2-9-1989 by Ord. No. 89-2[1]]
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be subject to the penalty provided in Chapter 1, General Provisions, Article I, Enforcement; General Penalty, § 1-2, Maximum penalty.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 9-28-2006 by Ord. No. 23-2006]
The purpose of this article is to establish requirements to control littering in the Borough of Clayton, 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.
LITTER
Any used or unconsumed substance or waste material which has been discarded, 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, 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, glass, metal, plastic or paper containers or packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
PERSON
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 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.
This article shall be enforced by the Police Department and/or other municipal officials of the Borough of Clayton.
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be subject to the penalty provided in Chapter 1, General Provisions, Article I, Enforcement; General Penalty, § 1-2, Maximum penalty.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).