[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:
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(1)
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Advertised for sale any merchandise, product, commodity or thing.
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(2)
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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.
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(3)
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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.
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(4)
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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.
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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.