[HISTORY: Adopted by the Municipal Council
of the Municipality of Norristown 8-6-2014 by Ord. No. 14-10.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Waste Authority — See Ch. 63.
Distribution of commercial handbills and other unsubscribed literature — See Ch. 203.
Property maintenance — See Ch. 239.
Rodent control — See Ch. 247.
Solid waste — See Ch. 274.
Streets and sidewalks — See Ch. 278.
[1]
Editor's Note: This ordinance also provided
for the repeal of former Ch. 202, Littering, adopted 7-5-2005 by Ord.
No. 05-11, as amended.
The accumulation of litter (as defined hereinbelow) on any property
in the Municipality of Norristown is unlawful.
Any police officer or code enforcement officer of the Municipality
of Norristown, or any other person authorized by the Norristown Municipal
Council, is designated to enforce this chapter, and he or she is hereby
authorized and empowered to immediately issue a ticket, in writing,
to the owner, occupier or agent of the owner of any property within
the Municipality of Norristown where litter is found to be accumulating,
lying or located on such property or upon the sidewalk abutting the
same.
A.
Upon the failure, neglect or refusal of any person or entity issued
a ticket and notified to collect and properly dispose of litter that
is accumulated, lying or located upon such property or upon the sidewalks
abutting the same within seven calendar days of the issuance of the
ticket, the Municipality, or a qualified third-party contractor engaged
by the Municipality, is hereby authorized and empowered to immediately
enter onto the property and remove the litter.
B.
When the removal of litter has been accomplished by the Municipality or qualified third-party contractor engaged by the Municipality as provided in Subsection A above, the actual cost thereof, plus interest at the rate of 10% per annum from the date of the completion of the work, shall be charged to and paid by the owner, occupier or agent for the owner of such property.
C.
The cost of removal of litter, as provided, may be collected from
the owner, occupier or agent for the owner of the property from which
the litter has been removed, by any means available to the Municipality
by law.
D.
The cost of removal of litter, as provided, shall also constitute
a lien upon the real property from which the litter has been removed
and shall be recoverable by the Municipality as municipal liens and
claims are by law recoverable.
Any person or entity violating any provision of this chapter
shall be subject to the following procedure:
A.
The municipal official shall issue a written ticket to the owner,
occupier or agent for the owner of the property on which litter has
been determined to have accumulated, which ticket shall provide for
a penalty in an amount established by resolution of the Norristown
Municipal Council, which penalty may be amended from time to time
by the Norristown Municipal Council. If the penalty is paid within
seven calendar days of its issue, and the condition that warranted
the ticket is abated, then the violation is discharged.
B.
If the person or entity to which the ticket is issued does not pay the applicable penalty or does not abate the condition that warranted the issuance of the ticket as provided for in this chapter, the Municipality shall cause a non-traffic citation to be issued for the violation of this chapter. The Municipality may also cause the condition to be abated in accordance with § 202-3 of this chapter.
C.
The non-traffic citation shall be forwarded to and adjudicated by
a Magisterial District Judge of the Municipality. If found guilty
of the violation, the violator shall be sentenced to a fine of no
less than $300 nor more than $1,000, plus costs of prosecution and
reasonable attorneys' fees.
D.
Each day that a violation of this chapter continues shall constitute
a separate offense. In default of payment of said fine, costs and
fees, the violator may be imprisoned in the county jail for a term
of not more than 30 days.
As used in this chapter, the following terms shall have the
meanings indicated:
All trash, including that which is unsightly and/or excessive
in accumulation, including but not limited to: paper, bottles, cans,
glass, crockery, plastic, tires, waste building materials, disposable
packages or containers, white goods, appliances, automobile parts,
furniture, or any other matter which tends to create a hazard to the
public health, safety and welfare.
