[Ord. 361, 7/13/1960, § 1]
This Part shall be known and may be cited as the "Forest Hills
Borough Anti-litter Ordinance."
[Ord. 361, 7/13/1960, § 2; as amended by Ord. 563,
8/21/1970, § 1; and by Ord. 830, 3/18/1992]
For the purposes of this Part, 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.
Is a litter storage and collection receptacle as required and authorized in § 20-101, of the Forest Hills Borough Code of Ordinances.
The Forest Hills Borough.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or any other printed
or otherwise reproduced original or copies of any matter of literature:
Which advertises for sale any merchandise, product, commodity,
service, or thing.
Which directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales.
Which directs attention to or advertises any meeting, theatrical
performance, exhibition, or event of any kind, for which an admission
fee is charged for the purpose of private gain or profit; but the
terms of this subparagraph shall not apply where an admission fee
is charged or a collection is taken up for the purpose of defraying
the expenses incident to such meeting, theatrical performance, exhibition,
or event of any kind, when either of the same is held, given or takes
place in connection with the dissemination of information which is
not restricted under the ordinary rules of decency, good morals, public
peace, safety and good order; provided, that nothing contained in
this subparagraph shall be deemed to authorize the holding, giving
or taking place of any meeting, theatrical performance, exhibition,
or event of any kind, without a license, where such license is or
may be required by any law of this state, or under any ordinance of
this Borough.
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement, and is
distributed or circulated for advertising purposes, or for the private
benefit and gain of any person so engaged as advertiser or distributor.
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.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the United States Postal Service,
in accordance with federal statute or regulation, and any newspaper
filed and recorded with any recording officer as provided by general
law; and, in addition thereto, shall mean and include any periodical
or current magazine regularly published with not less than four issues
per year, and sold to the public.
Any printed or written matter, any sample, or device, dodger,
circular, leaflet, pamphlet, newspaper, paper booklet, or any other
printed or otherwise reproduced original or copies of any matter of
literature not included in the aforesaid definitions of a commercial
handbill or newspaper.
A park, reservation, playground, beach, recreation center
or any other public area in the Borough, owned or used by the Borough
and devoted to active or passive recreation.
Any individual, firm, partnership, association, corporation,
company or organization of any kind. In respect of penalties for violation
of this Part, as applied to partnerships, it shall mean the individual
partners thereof, or any of them, and as to corporations and unincorporated
associations, shall mean the principal or chief executive officer
thereof or the principal or chief officer or agent thereof responsible
for operations or premises of said corporation or unincorporated association
within the corporate limits of the Forest Hills Borough.
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 noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery 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.
[Ord. 361, 7/13/1960, § 3]
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.
[Ord. 361, 7/13/1960, § 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. 361, 7/13/1960, § 5]
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 sidewalks
in front of their premises free of litter.
[Ord. 361, 7/13/1960, § 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 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.
[Ord. 361, 7/13/1960, § 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
Borough, or upon private property.
[Ord. 361, 7/13/1960, § 8]
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.
[Ord. 361, 7/13/1960, § 9]
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 as provided herein.
[Ord. 361, 7/13/1960, § 10]
No person shall throw or deposit litter in any fountain, pond,
lake, stream, bay or any other body of water in a park or elsewhere
within the Borough.
[Ord. 361, 7/13/1960, § 11; as amended by Ord.
830, 3/18/1992]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the Borough. It shall not be unlawful for any person to hand out or
distribute, without charge to the receiver thereof, on any sidewalk,
street, or other public place within the Borough, any commercial or
noncommercial handbill to any person willing to accept it.
[Ord. 361, 7/13/1960, § 12; as amended by Ord.
830, 3/18/1992]
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, any commercial or noncommercial
handbill to occupants of vehicles who are willing to accept such handbills.
[Ord. 361, 7/13/1960, § 13]
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.
[Ord. 361, 7/13/1960, § 14]
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 manner 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.
[Ord. 361, 7/13/1960, § 15]
1.
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 the case of inhabited private premises which are
not posted, as provided in this Part, 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 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 so used
when so prohibited by federal postal law or regulations.
2.
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 (as defined herein) except that newspapers shall
be placed on private property in such a manner as to prevent their
being carried or deposited by the elements upon any street, sidewalk,
or other public place or upon private property.
[Ord. 361, 7/13/1960, § 16]
No person in any aircraft shall throw out, drop or deposit within
the Borough any litter, handbill or any other object.
[Ord. 361, 7/13/1960, § 17]
No person shall post or affix any notice, poster or other paper
or device, calculated to attract the attention of the public, to any
lamp post, public utility pole or shade tree, or upon any public structure
or building, except as may be authorized or required by law.
[Ord. 361, 7/13/1960, § 18]
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.
[Ord. 361, 7/13/1960, § 19]
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.
[Ord. 361, 7/13/1960, § 20]
No person shall throw or deposit litter on any open or vacant
private property within the Borough whether owned by such person or
not.
[Ord. 361, 7/13/1960, § 21; as amended by Ord.
450, 6/23/1965, 1; and by Ord. 830, 3/18/1992]
1.
Notice to Remove. The Police and/or Manager or his representative
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, morals, general welfare
or which interferes with the cleanliness, beauty, convenience or comfort
of the Borough and its citizens. Such notice shall be by certified
mail, addressed to said owner at his last known address.
2.
Action Upon Noncompliance. A deposit or accumulation of litter on vacant or open private property within the Borough is hereby declared to be a nuisance and is hereby prohibited. Upon the failure, neglect or refusal of any owner or agent, so notified, to property dispose of litter within 30 days after receipt of written notice provided for in § 6-121, Subsection 1, above, or within 30 days after the date of such notice in the event the same is returned to the Borough by the 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 Police and/or Manager or his representative are hereby authorized and empowered to order its disposal.
3.
Charge of a Municipal Claim. When the Borough has effected the removal
of such litter or has paid for its removal, the cost thereof, together
with a penalty of 10% of such cost, shall be collected in the manner
provided by law for the collection of municipal claims or by action
of assumpsit.
[Ord. 361, 7/13/1960, § 24; as amended by Ord.
450, 6/23/1965, § 2; by Ord. 563, 8/21/1970, § 2;
by Ord. 830, 3/18/1992; and by Ord. 976, 1/16/2008]
1.
Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with this Chapter 1 of this Code.
2.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
