[Ord. 329 (91-6), 12/4/1991, § 1]
This Part shall be known and may be cited as "Glen Rock Borough Anti-litter Ordinance."
[Ord. 329 (91-6), 12/4/1991, § 2]
For 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 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:
The Borough of Glen Rock.
Decaying or decomposing animal and vegetable waste 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 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.
Decaying and decomposing or nondecaying solid waste (except body waste) including garbage, rubbish, ashes, street cleanings; dead animals, abandoned automobiles and solid market and industrial waste.
Nondecomposing solid waste consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes and cigarette butts, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
[Ord. 329 (91-6), 12/4/1991, § 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 or in authorized private receptacles for collection.
[Ord. 329 (91-6), 12/4/1991, § 4]
Persons placing litter in public receptacles or in 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. 329 (91-6), 12/4/1991, § 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. 329 (91-6), 12/4/1991, § 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. 329 (91-6), 12/4/1991, § 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. 329 (91-6), 12/4/1991, § 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. 329 (91-6), 12/4/1991, § 9]
No person shall throw or deposit litter in any stream, run or other body of water within the Borough.
[Ord. 329 (91-6), 12/4/1991, § 11]
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. 329 (91-6), 12/4/1991, § 12]
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. 329 (91-6), 12/4/1991, § 13]
No persons shall throw or deposit litter on any open or vacant private property within the Borough whether owned by such person or not.
[Ord. 329 (91-6), 12/4/1991, § 14]
1.
Notice to Remove. The Mayor 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.
2.
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 10 days after receipt of written notice provided for in subsection .1 above, or within five days after the date of such notice in the event the same is returned to the Borough Post Office 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 Mayor is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Borough.
3.
Charge Billed to Property Owner. When the Borough has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of 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 on a bill forwarded to such owner by the Borough, and said charge shall be due and payable by said owner at the time of payment of such bill.
4.
Collect by Assumpsit. Where the full amount due the Borough is not paid by such owner within 30 days after the disposal of such litter, as provided for in subsections .1 and .2 above, then, and in that case, the Mayor shall cause the same to be collected by an action of assumpsit against the property owner.
[Ord. 329 (91-6), 12/4/1991, § 15; as amended by Ord. 382 (98-1), 1/5/1998, § 1; and by Ord. 490 (2017-05), 10/18/2017]
Any person violating any provision of this Part shall for the first such violation upon conviction thereof be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs; and for any subsequent violation a fine of not less than $300 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 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. Any violation of any provision of this Part that shall also constitute a violation of a specific provision of the laws of Pennsylvania or any regulation of the commonwealth or any department or agency thereof having the effect of law shall be prosecuted under the said state law or regulation and not under this Part.