[Ord. 347, 7/9/1979, § 1]
It is hereby declared and found that litter carelessly deposited in the Borough of Edinboro is the cause of civic disgrace; that litter is a health, fire and safety hazard, and pollutant; that an all-out litter-control campaign can result in substantial savings to taxpayers of the Borough; and, that litter is a matter affecting the public interest and consequently should be subject to supervision and administration control for the purpose of safeguarding the public health, safety and general welfare of the people of the Borough.
[Ord. 347, 7/9/1979, § 2]
1. 
Definitions. As used in this Part, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Edinboro in the County of Erie.
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copy of any matter of literature which:
(1)
Advertised for sale any merchandise, product, commodity or thing.
(2)
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.
(3)
Directs attention to or advertised any meeting, the theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit.
(4)
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.
COMMERCIAL PLACE
Any store or building or group thereof wherein mercantile activities and services are offered to the public, and includes all parking areas thereat.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
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 or creates unsightliness.
NEWSPAPER
Any newspaper of general circulation, as defined by 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 law. In addition thereto, such term shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copy of any matter of literature not included in the aforesaid definitions of a "commercial handbill" and "newspaper."
PARK
A park, reservation, playground, beach, recreation center of any other public area in the Borough owned or used by the Borough and devoted to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
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 includes any grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings.
REFUSE
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.
RUBBISH
Nonputrescible solid wastes consisting combustible and noncombustible wastes, such as yard clippings, leaves, wood, glass, bedding, crockery and materials.
VEHICLE
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.
2. 
Word Usage. When not inconsistent with the content, 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.
[Ord. 347, 7/9/1979, § 3; as amended by Ord. 585, 9/12/2011]
No person shall deposit or throw litter in or upon any street, sidewalk, or other public place within the Borough except in public receptacles or private receptacles for collection.
[Ord. 347, 7/9/1979, § 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 other public place or upon private property.
[Ord. 347, 7/9/1979, § 5]
No person shall sweep or deposit in any gutter, street or other public place within the Borough the accumulation of litter from any building or litter from any public sidewalk or driveway.
[Ord. 347, 7/9/1979, § 6]
No person while driver or passenger in a vehicle shall throw or deposit litter upon any street or public place within the Borough or upon private property.
[Ord. 347, 7/9/1979, § 7]
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 any mud, dirt, sticky substance, litter or foreign matter of any kind.
[Ord. 347, 7/9/1979, § 8]
No person shall throw or deposit litter in any park or playground 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 playground or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park or playground by the person responsible for its presence and property disposed of elsewhere as provided herein.
[Ord. 347, 7/9/1979, § 9]
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. 347, 7/9/1979, § 10]
No person shall throw or deposit any commercial or noncommercial handbills in or upon any sidewalk, street, or other public place within the Borough.
[Ord. 347, 7/9/1979, § 11]
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, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
[Ord. 347, 7/9/1979, § 12]
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. 347, 7/9/1979, § 13]
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.
2. 
Exemption for Mail and Newspapers. The provisions of this section shall not apply to the distribution of mail by the United States or of 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 or other public place or upon private property.
[Ord. 347, 7/9/1979, § 14]
No person shall throw or deposit litter on any occupied private property or commercial place within the Borough, whether owned by such person or not, except that the owner or person in control or such private property or commercial place 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 or other public place or upon any private property.
[Ord. 347, 7/9/1979, § 15]
Each owner or person in control of any commercial place shall keep said place, parking areas and other open areas which are a part of such commercial place free from litter.
[Ord. 347, 7/9/1979, § 16]
The owner or person in control of any private property shall at all times maintain the premises free from litter; provided, however, that this section shall not prohibit storage of litter in authorized private receptacles for collection.
[Ord. 347, 7/9/1979, § 17]
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. 347, 7/9/1979, § 18]
1. 
Notice to Remove. The Borough of Edinboro is hereby authorized and empowered to notify the owner of any open or vacate 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 certified mail, addressed to said owner at his last known address or hand delivered and receipted by the one authorized to receive such notices.
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 five days after receipt of written notice provided for in Subsection 1 above, the owner shall be cited for violation in accordance with the provisions of this Part, and in addition, the Borough may perform or cause to be performed such work as is necessary to remove and dispose of the litter on said property. The costs of such work may be assessed against the property and collected as provided by law.
[Ord. 347, 7/9/1979, § 19; as amended by Ord. 585, 9/12/2011]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to 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 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.