This chapter shall be known and may be cited as the "Township
of Easttown Anti-Litter Ordinance."
For the purpose of this chapter, the following terms shall have
the meanings indicated:
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle to be used by
residents and visitors to Easttown Township to convey litter to trash
haulers for collection.
LITTER
Garbage, refuse, rubbish, and all other waste material which,
if discarded as herein prohibited, tends to create a danger to the
health, safety and welfare of the public.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PRIVATE PREMISES
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 the yard, grounds, and driveway belonging or appurtenant
to such dwelling, house, building, or other structure.
PUBLIC BUILDING
Any facility either owned or leased by Easttown Township,
the Easttown-Tredyffrin School District, the County of Chester, or
any other public agency; except, however, a "public building" shall
not be defined to include any facilities operated by the County of
Chester for correctional or penal purposes.
PUBLIC GROUNDS
Any grounds owned or leased by Easttown Township, the Easttown-Tredyffrin
School District, the County of Chester, or any other public agency;
except, however, a "public ground" shall not be defined to include
any facilities operated by the County of Chester for correctional
or penal purposes.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public grounds and public buildings.
REFUSE
All putrescible and nonputrescible solid waste (excluding
body waste), including garbage, rubbish, cigarette butts, cigar butts,
other tobacco residue, ashes, street cleanings, dead animals, abandoned
automobiles and other waste.
RUBBISH
Nonputrescible solid waste consisting of both combustible
and noncombustible wastes, such as paper wrappings, cigarettes and
cigarette butts, cigars and cigar butts, cardboard, tin cans, yard
clippings, leaves, wood, glass, bedding, crockery and similar materials.
TOWNSHIP
The Township of Easttown, Chester County, Pennsylvania.
No person shall throw, deposit or discard litter in or upon
any street, sidewalk, public place or public grounds within the Township,
except in public receptacles and authorized private receptacles for
collection.
Private receptacles shall be maintained by the property and/or
business owner placing the private receptacle, which said maintenance
shall include a secure lid, as well as a means to prevent the receptacle
from tipping over and spreading litter.
A person 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 any means upon any street, sidewalk
or other public place or grounds or upon private property.
No person shall throw or deposit and/or discard litter in any
park or public grounds within the Township, except in public receptacles
and in such manner that the litter will be prevented from being carried
or deposited by any means 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 or public grounds
by the person responsible for its presence and properly disposed of
elsewhere.
No person shall throw, deposit or discard litter in any pond,
lake or stream or any other body of water in the Township.
No person shall throw, discard or deposit litter on any private
property within the Township, 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 manner
that litter will be prevented from being carried, discarded or deposited
by any means upon any street, sidewalk or other public place or any
private property.
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.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution, including reasonable
attorneys' fees. In default of payment thereof, the defendant may
be sentenced to imprisonment for a term not exceeding 90 days. Each
day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense.