[Ord. 1987-O-177, 12/14/1987, § 1]
This Part 2 shall be known and may be cited as "The Newtown
Township Anti-Litter Ordinance."
[Ord. 1987-O-177, 12/14/1987, § 2]
For the purpose of this Part 2 the following terms, phrases,
words, and their derivations shall have the meaning given herein.
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.
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle as used by the
citizens of Newtown Township to convey litter to trash haulers for
collection.
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 or deposited as herein
prohibited, tends to create a danger to public health, safety and
welfare.
A park, playground, recreation center or any other public
area in the Township, owned or used by the Township and devoted to
active or passive recreation.
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, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building, or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds,
and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes) including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and non-combustible wastes, such as paper wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
The Township of Newtown, Bucks County, Pennsylvania.
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 rail or tracks.
[Ord. 1987-O-177, 12/14/1987, § 3]
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Township except in public
receptacles or in authorized private receptacles for collection.
[Ord. 1987-O-177, 12/14/1987, § 4]
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 or upon private property.
[Ord. 1987-O-177, 12/14/1987, § 5]
No person shall sweep into or deposit in any gutter, street
or other public place within the Township 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 any sidewalk
in front of their premises free of litter.
[Ord. 1987-O-177, 12/14/1987, § 6]
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or other public place within
the Township 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 Township shall keep any sidewalk
in front of their business premises free of litter.
[Ord. 1987-O-177, 12/14/1987, § 7]
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
Township, or upon private property.
[Ord. 1987-O-177, 12/14/1987, § 8]
No person shall drive or move any truck or other vehicle within
the Township unless such vehicle is so constructed or loaded as to
prevent any load, contents or litter from being deposited upon any
street, alley or other public place. Nor shall any person drive or
move any vehicle or truck within the Township, 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.
[Ord. 1987-O-177, 12/14/1987, § 9]
No person shall throw or deposit litter in any park within the
Township 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 as provided herein.
[Ord. 1987-O-177, 12/14/1987, § 10]
No person shall throw or deposit litter in any fountain, pond,
lake, stream, or any other body of water in a park or elsewhere within
the Township.
[Ord. 1987-O-1977, 12/14/1987, § 11]
No person shall throw, deposit or distribute any commercial
or non-commercial 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 manner that the occupants
of said premises do desire to be molested or have their right of privacy
disturbed or to have any such handbills left upon such premises.
[Ord. 1987-O-177, 12/14/1987, § 12]
No person shall throw or deposit litter on any occupied 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 or deposited by the
elements upon any street, sidewalk or other public place or upon any
private property.
[Ord. 1987-O-177, 12/14/1987, § 13]
The owner or person in control of any private property shall
at all times maintain the premises free of litter. Provided, however,
that this § 213 shall not prohibit the storage of litter
in authorized private receptacles for collection.
[Ord. 1987-O-177, 12/14/1987, § 14]
No person shall throw or deposit litter on any open or vacant
private property within the Township whether owned by such person
or not.
[Ord. 1987-O-177, 12/14/1987, § 5]
1.
Notice to Remove. The Township Supervisors, Code Enforcement Officer
and Newtown Township Police Department are hereby authorized and empowered
to notify the owner of any open or vacant private property within
the Township or the agent of such property to 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.
2.
Action Upon Non-Compliance. 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 10 days after receipt of written notice provided for in Subsection (1) of this § 215, or within 10 days after the date of such notice in the event the same is returned to the Township Supervisors 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 Township Supervisors are hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Township.
3.
Charge for Removal. When the Township has effected the removal of
such dangerous litter or has paid for its removal, the actual cost
thereof, plus accrued interest at 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 and forwarded to said owner
at his last known address by Registered Mail.
4.
Recorded Statement Constitutes Lien. Where the full amount due the Township is not paid by such owner within 10 days after the disposal of such litter, as provided for in Subsections (1) and (2) of this § 215, then, and in that case, the Township Supervisors shall cause to be recorded in the Office of the Prothonotary of Bucks County, Doylestown, Pennsylvania, 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 recording 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, if any, for collection, until final payment has been made. Sworn statements recorded in accordance with all 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.
[Ord. 1987-O-177, 12/14/1987, § 6; as amended by
Ord. 91-O-11, 7/22/1991; and by Ord. 97-O-22, 12/3/1997]
In addition to any other remedy herein, any person, firm or
corporation who shall violate any provision of this Part, upon conviction
thereof in an action brought before a district justice in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
more than $1,000 plus costs and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 90 days. Each day
that a violation of this Part continues or each Section of this Part
which shall be found to have been violated shall constitute a separate
offense.
