This chapter shall be known and may be cited as the "Township
of Raccoon Anti-Litter Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
AIRCRAFT
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.
COMMERCIAL HANDBILL
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:
A.
Advertises for sale any merchandise, produce, commodity or thing;
B.
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;
C.
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 clause
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 clause 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
commonwealth or under any ordinance of this Township; or
D.
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.
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.
NEWSPAPER
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Postal Service 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.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, 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.
PARK
A park, reservation, playground, beach, recreation center
or any other public area in the Township owned or used by the Township
and devoted to active or passive recreation.
PERSON
Any person, firm, partnership, association, company or organization
of any kind.
PRIVATE PREMISES
Any dwelling, house, building or other structure designed
or used, either in whole 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.
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, trash, ashes, street cleanings,
dead animals, junk, abandoned automobiles and solid market and industrial
wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, wood, glass, bedding, crockery and similar 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.
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Township, except in public
receptacles for collection.
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 public place within the Township 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 owning or occupying a place of business shall sweep
into or deposit in any gutter, street or public place within the Township
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 Township shall keep the sidewalk in front of
their business 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
Township or upon private property.
No person shall deposit, place, drain or otherwise allow to
be deposited, placed or drained on any part of the right-of-way of
any street any gasoline, oil, lubricant, solvent, viscous material
or other liquid, excluding air-conditioning condensation, associated
with or used in the operation and maintenance of any motor vehicle
or other piece of mechanical equipment.
No person shall throw or deposit litter in any park within the
Township, except in public receptacles and in such 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.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle in or upon any public place; provided,
however, that it shall not be unlawful on any sidewalk, street or
other public place within the Township for any person to hand out
or distribute, without charge to the receiver thereof, any noncommercial
handbill to any person willing to accept it. Recipients of such items,
however, shall not discard same except in conformity with this chapter.
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. Recipients
of such items, however, shall not discard same except in conformity
with this chapter.
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.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill, periodical or newspaper upon any 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 advertisements" 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. Persons requesting nondelivery of a newspaper
or periodical shall do so in writing by certified mail to facilitate
proof of notice under this section.
No person in an aircraft shall throw out, drop or deposit within
the Township any litter, handbill or any other object.
No person shall post or affix any commercial or political notice,
poster or any 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.
No person shall throw or deposit litter on any occupied private
property within the Township, whether owned by such person or not,
except that the owner or person in control of private property may
maintain thereon 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.
The owner or person in control of any private property, whether
occupied or vacant, 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.
No person shall throw or deposit litter on any open or vacant
private property within the Township, whether owned by such person
or not.
Any person, firm or corporation violating any provision of this
chapter shall, upon summary conviction before any District Justice
of the Peace, pay a fine not exceeding $1,000 and costs of prosecution;
and in default of one payment of the fine and costs, the violator
may be sentenced to the county jail for a term of not more than 90
days. Each and every day in which any person, firm or corporation
shall be in violation of this chapter shall constitute a separate
offense.
No person shall deposit, place, drop or otherwise allow to be
deposited, placed or dropped on any part of the right-of-way of any
street any construction materials, dirt, garbage, litter and refuse
from any vehicle whether being carried in the body of the vehicle
or on the wheels, chassis, engine or body of the vehicle.
No person shall place, draw, paint or otherwise allow to be
placed, drawn or painted any figures, games or other configurations
on the right-of-way of any street.