[HISTORY: Adopted by the Borough Council of the Borough of Lincoln Park 11-12-1991 by Ord. No. 1,032 as Ch. 144 of the 1991 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Public health nuisances — See Ch. 358.
Property maintenance — See Ch. 352 and Ch. 367.
Solid waste — See Ch. 395.
[Amended 4-16-2007 by Ord. No. 11-07, effective 5-6-2007]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle as required by Borough regulations.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including but not limited to any bottle, jar or can, or any top, cap, or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, saw milling, farming or manufacturing.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
PARK
A park, reservation, playground, beach, recreation center or any other public area in the Borough owned or used by the Borough and devoted to active or passive recreation.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
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 shall include any yard, grounds, walk, driveway, porch steps, vestibule or mailbox belonging to or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
All streets, sidewalks, boulevards, parking lots open to the public, parking areas open to the public, alleys or other public ways and all public parks, squares, spaces, grounds and public buildings.
REFUSE
All putrescible and nonputrescible solid wastes, except body wastes, including ashes, street cleaning, dead animals, abandoned automobiles, other abandoned personal property and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as circulars, leaflets, pamphlets, wrappers, handbills, newspapers and any other printed or non-printed paper material, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass and other similar materials.
SOLID WASTE
Shall include but not be limited to municipal wastes (household, commercial or industrial), bulky waste (appliances, furniture, vehicles, vehicle parts, rubber tires), demolition waste (residential, commercial and/or industrial), and/or vegetative waste (plant stalks, hulls, leaves, tree wastes processed through a wood chipper, tree parts, grass clippings, shrubbery and/or garden wastes).
[Added 9-21-2015 by Ord. No. 21-15, effective 10-11-2015]
[Amended 4-16-2007 by Ord. No. 11-07, effective 5-6-2007; 9-21-2015 by Ord. No. 21-15, effective 10-11-2015]
A. 
No person shall throw, drop, discard, put or place, or cause or permit to be thrown, dropped, discarded, put or placed, any solid waste, rubbish, refuse, garbage, ashes, paper, dirt, cinders, substance, matter or thing upon any street or public property, other than in a litter receptacle, or having done so, allow such litter to remain.
B. 
Whenever any litter and/or solid waste is thrown or discarded or allowed to fall from a vehicle or boat in violation of this chapter, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this chapter.
[Amended 6-15-2015 by Ord. No. 16-15, effective 7-5-2015; 9-21-2015 by Ord. No. 21-15, effective 10-11-2015]
It shall be unlawful to dump, deposit, or otherwise cause any litter, solid waste, refuse, rubbish, landscape debris, brush, fill and/or any other material to be placed in any stream, creek, channel, ditch, lake, pond, or basin that regularly or periodically carries or stores water.
[Amended 9-21-2015 by Ord. No. 21-15, effective 10-11-2015]
No person shall throw or deposit litter, solid waste, refuse or rubbish 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.
[Amended 9-21-2015 by Ord. No. 21-15, effective 10-11-2015]
Persons placing litter, solid waste, refuse or rubbish in public receptacles or in authorized private receptacles shall do so in such manner and in such containers as will prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
[Amended 9-21-2015 by Ord. No. 21-15, effective 10-11-2015]
No person shall sweep into or deposit in any gutter, street or other public place within the Borough the accumulation of litter, solid waste, refuse or rubbish from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks, entrance walks, parking lots and parking areas in front of or upon their premises free of litter, refuse or rubbish. Nothing herein recited shall prevent the sweeping of leaves into the street during the periods officially designated or announced by the Borough Administrator as periods for the collection of such leaves.
[Amended 9-21-2015 by Ord. No. 21-15, effective 10-11-2015]
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or public place within the Borough the accumulation of litter, solid waste, refuse or rubbish from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks, entrance walks, parking lots and parking areas in front of or upon their premises free of litter, refuse or rubbish. Nothing herein recited shall prevent the sweeping of leaves into the street during the periods officially designated or announced by the Borough Administrator as periods for the collection of such leaves.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter, refuse or rubbish upon any street or other public place within the Borough or upon private property.
A. 
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle, provided 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.
B. 
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continually uninhabited or vacant.
A. 
It shall be unlawful for any owner or tenant in the removal of snow or ice or in the cutting and removal of vegetation, brush or tree growth to deposit the same or cause the same to be deposited between the curblines of the public street.
B. 
It shall be unlawful for any person to deposit snow or ice, whether removed from any driveway, parking area, sidewalk area or any privately owned property, upon any street or road within the Borough.
[Amended 9-21-2015 by Ord. No. 21-15, effective 10-11-2015]
The owner or person in control of any private property shall, at all times, maintain the premises free of litter, solid waste, refuse or rubbish, provided that this section shall not prohibit the storage of litter, refuse or rubbish in authorized private receptacles for collection.
[Amended 9-21-2015 by Ord. No. 21-15, effective 10-11-2015]
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, litter and/or solid waste from being blown or deposited upon any street, alley or other public place.
B. 
No litter, solid waste, garbage, refuse or rubbish shall be spilled from any truck on any road or other public place in the Borough, and if such spillage occurs, the driver shall clean up the same immediately. If the spillage is not so cleaned up, the driver or owner, or both, shall be deemed to be in violation of this chapter.
[Amended 4-16-2007 by Ord. No. 11-07, effective 5-6-2007; 11-4-2024 by Ord. No. 15-24, effective 11-24-2024]
The provisions of this chapter shall be subject to enforcement by the Construction or Building Subcode Official, Zoning Officer, Registered Environmental Health Specialist (REHS), Health Officer, police officer and any public official charged with the duty of enforcement.
[Added 4-16-2007 by Ord. No. 11-07, effective 5-6-2007; amended 9-21-2015 by Ord. No. 21-15, effective 10-11-2015]
A. 
In addition to the cost of removal of the solid waste, any person who shall violate any of the provisions of this chapter or any other order promulgated hereunder shall, as it relates to solid waste, upon conviction, be subject/liable for the unlawful disposal of solid waste to a fine of not less than $2,500 and not exceeding $10,000. Each day that a violation continues shall constitute a separate violation. Any such person who unlawfully disposes of solid waste shall also be subject to any and all other penalties set forth in § 1-2 of this Code (general penalty), in the discretion of the judge imposing the same.
B. 
Any person who violates this chapter shall be subject to the fines and penalties set forth in § 1-2 of this Code (general penalty), in the discretion of the judge imposing the same.