[HISTORY: Adopted by the Mayor and Council of the Borough
of Westwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-25-1968 by Ord. No. 647]
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meaning given herein.
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 number. The word "shall" is always mandatory and
not merely directory.
B.
GARBAGE
LITTER
PERSON
PRIVATE PREMISES
PUBLIC PLACE
PUBLIC STRUCTURE OR BUILDING
REFUSE
RUBBISH
VEHICLE
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
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.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling house, building or other structure designed
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited 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.
Any street, sidewalk, alley or other public way and any and
all public parks, squares, spaces, grounds and buildings.
Any structure or building owned or operated by the federal,
county or state government or any governmental agency.
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.
Nonputrescible solid wastes, consisting of both combustible
and noncombustible wastes, such as papers, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery, building materials and similar materials.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Borough except in public
receptacles, in authorized private receptacles for collection or in
official Borough dumps; provided, however, that said public receptacles
shall not be used by persons owning or occupying property in the vicinity
of said public receptacles for the deposit of domestic, commercial
and industrial litter arising from the conduct of said activities.
A.
Persons
placing litter in public receptacles or in authorized private receptacles
shall do so in such a manner so as to prevent it from being carried
or deposited by the elements upon any street, sidewalk or other public
place.
B.
No person
shall burn in the open any rubbish or garbage or refuse, including
leaves, wood and building debris. This shall not be construed to prohibit
outdoor cooking and the use of normal fuel therefor.
A.
No person
shall sweep into or deposit in any gutter, street or other public
place within the Borough the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons
owning or occupying property shall keep the sidewalk in front of their
premises free of litter.
B.
No person
owning or occupying a place of business shall sweep into or deposit
in any gutter, street or other public place within the Borough the
accumulation of litter from any building or lot or from any public
or private sidewalk or driveway. Persons owning or occupying places
of business within the Borough shall keep the sidewalk in front of
their business premises free of litter.
A.
No person,
while a driver or passenger in a vehicle, shall throw or deposit litter
upon any street or other public place within the Borough or upon private
property.
B.
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, contents or 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, litter 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 or upon any street or other public 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 or deposit litter in any fountain, pond,
stream or any other body of water in a park or elsewhere within the
Borough.
A.
Placing
handbills in public places. No person shall throw or deposit any commercial
or noncommercial handbill in or upon any sidewalk, street or other
public place within the Borough, nor shall any person hand out or
distribute or sell any commercial handbill in any public place; provided,
however, that it shall not be unlawful on any sidewalk, street or
other public place within the Borough for any person to hand out or
distribute, without charge to the receiver thereof, any noncommercial
handbill to any person willing to accept it.
[Amended 8-19-2003 by Ord. No. 03-12]
B.
Placing
handbills on vehicles. No person shall throw or deposit any commercial
or noncommercial handbill in or upon any vehicle; provided, however,
that it shall not be unlawful in any public place for a person to
hand out or distribute, without charge to the receiver thereof, a
noncommercial handbill to any occupant of a vehicle who is willing
to accept it.
C.
Placing
handbills on vacant property. No person shall throw or deposit any
commercial or noncommercial handbill in or upon any private premises
which are temporarily or continuously uninhabited or vacant.
D.
Placing
handbills on posted property. No person shall throw, deposit or distribute
any commercial or noncommercial handbill upon any private premises
if requested by anyone thereon not to do so or if there is placed
on said premises, in a conspicuous position near the entrance thereof,
a sign bearing the words "No Trespassing," "No Peddlers or Agents,"
"No Advertisement" or any similar notice indicating in any matter
that the occupants of said premises do not desire to be molested or
have their right of privacy disturbed or to have any such handbills
left upon such premises.
E.
Distributing
handbills on inhabited private property. No person shall throw, deposit
or distribute any commercial or noncommercial handbill in or upon
private premises which are inhabited except by handing or transmitting
any such handbill directly to the owner, occupant or other person
then present in or upon such private premises; provided, however,
that in case of inhabited private premises which are not posted as
provided in this article, such person, unless requested by anyone
upon such premises not to do so, may place or deposit any such handbill
in or upon such inhabited private premises if such handbill is so
placed or deposited so as to secure or prevent such handbill from
being blown or drifted about such premises or sidewalks, streets or
other public places, and except that mailboxes may not be used when
so prohibited by federal postal laws or regulations.
F.
Exemption
for mail and newspapers. The provisions of this section shall not
apply to the distribution of mail by the United States, nor to newspapers,
except that newspapers shall be placed on private property in such
a manner so as to prevent their being carried or deposited by the
elements upon any street, sidewalk or other public place or upon private
property.
No person in any aircraft shall throw out, drop or deposit within
the Borough any litter, handbill or any other object.
No person shall post or affix any notice, poster or other paper
or device calculated to attract the attention of the public to any
lamppost, public utility pole or shade tree, or upon any public structure
or building, except as may be authorized or required by law.
A.
No person
shall throw or deposit 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 in such a manner that litter will
be prevented from being carried or deposited by the elements upon
any street, sidewalk or other public place or upon any private property.
B.
The owner
or person in control of any private property shall at all times maintain
the premises free of litter; provided, however, that this subsection
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.
A.
Notice to remove. The Health Inspector and the Building Inspector
are hereby authorized and empowered to notify the owner of any open
or vacant private property within the Borough, or the agent of such
owner, to properly dispose of litter located on such owner's
property which is dangerous to public health, safety or welfare. Such
notice shall be by registered mail, addressed to said owner at his
last known address.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within seven days after receipt of written notice as provided for in Subsection A above, or within two days after the date of such notice in the event the same is returned to the Borough Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the Health Inspector and the Building Inspector are hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Borough.
C.
Charge included in tax bill. When the Borough has effected the removal
of such dangerous litter or has paid for its removal, the actual cost
thereof, plus accrued interest at the rate of 6% per annum from the
date of the completion of the work, if not paid by such owner prior
thereto, shall be charged to the owner of such property on the next
regular tax bill forwarded to such owner by the Borough, and said
charge shall be due and payable by said owner at the time of payment
of such bill.
D.
Recorded statement constitutes lien. Where the full amount due the Borough is not paid by such owner within 10 days after the disposal of such litter, as provided for in Subsections A and B above, then, and in that case, the Health Inspector and Building Inspector shall cause to be recorded in the Tax Office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court and attorneys' fees, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of 8% in the event the same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
[Adopted 10-4-2005 by Ord. No. 05-29]
The purpose of this article is to establish requirements to
control littering in the Borough of Westwood so as to protect public
health, safety and welfare and to prescribe penalties for failure
to comply.
A.
LITTER
LITTER RECEPTACLE
PERSON
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:
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, 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, glass, metal, plastic
or paper containers or other 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.
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.
B.
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.
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.
The provisions of this article shall be enforced by the Police
Department and the local Board of Health of the Borough of Westwood.
