[HISTORY: Adopted by the Borough Council of the Borough of
Osborne (now Glen Osborne) 10-20-1970 by Ord. No. 257. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Borough
of Glen Osborne Antilitter Ordinance."
The following words or phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except in those
instances where the context clearly indicates a different meaning:
A litter storage and collection receptacle as required and
authorized in the Borough of Glen Osborne.
The Borough of Glen Osborne.
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
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; or
Which directs attention to or advertises any meeting, gathering,
theatrical performance, exhibition or event of any kind for which
an admission fee may or may not be charged.
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 Post Office Department of
the United States 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, magazine, paper, booklet,
political information 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.
An area, reservation, playground, recreation center or any
other public space in the Borough owned or used by the Borough and
devoted to active or passive recreation.
Every natural person, copartnership, association, corporation
or organization of any kind. Whenever used in any clause prescribing
or imposing a penalty, the term "person" as applied to copartnerships
or associations or organizations shall mean the partners or members
thereof, and as applied to corporations, the officers thereof.
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, household waste, glass, metal,
paper, ashes, street cleanings, dead animals, abandoned automobiles
and other vehicles and solid market and industrial wastes.
[Amended 7-15-1997 by Ord. No. 341]
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, household waste, glass, metal,
paper, ashes, street cleanings, dead animals, abandoned automobiles
and other vehicles and solid market and industrial wastes.
[Amended 7-15-1997 by Ord. No. 341]
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway.
A.
Litter in public places. No person shall throw or deposit litter
in or upon any street, sidewalk or other public place within the Borough
except in public receptacles or in authorized private receptacles
for collection.
B.
Placement of litter in receptacles so as to prevent scattering. 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.
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.
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.
A.
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.
B.
No operation of a trash, garbage or debris collection vehicle or
any other type of vehicle used for collecting trash, garbage or debris
shall deposit the vehicle's load or any part thereof upon any
road, street, driveway, private lane or roadway or upon the land of
another without permission.
[Added 7-15-1997 by Ord.
No. 341]
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 and playground by the person responsible
for its presence and properly disposed of elsewhere as provided herein.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill upon any sidewalk, street or other public
place or upon any private premises, inhabited or uninhabited, developed
or vacant within the Borough. It shall, however, not be unlawful for
a person to hand out or distribute in any public place within the
Borough political or noncommercial handbills to persons who wish to
accept them. The provisions of this section shall not apply to the
distribution of mail by the United States or its agency 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.
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.
Litter on occupied private property. 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.
Owner to maintain premises free of litter. 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.
C.
Litter on vacant lots. 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 Borough Secretary is 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 three days after receipt of written notice provided for in Subsection A above or within five days after the date of such notice in the event that the same is returned to the Borough because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Borough Secretary is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Borough.
C.
Charge for removal. When the Borough has effected the removal of such dangerous litter or has paid for its removal, the Borough shall advise the owner as provided in Subsection A above of the actual costs and charges incurred in connection therewith and demand payment therefor within 30 days from said notice, and in default of payment within said period, may collect the costs and charges, together with a penalty of 10% of such costs and charges, in the manner provided by law for the collection of municipal claims or by action of assumpsit.
[Amended 7-15-1997 by Ord. No. 341]
Any person violating any of the provisions of this chapter shall
be deemed guilty of a summary offense and, upon conviction thereof,
shall be fined in an amount not exceeding $600 or be imprisoned in
the county jail for a period not exceeding 30 days, or be both so
fined and imprisoned. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such hereunder.
