[HISTORY: Adopted by the Township Council of the Township
of Upper Darby 5-4-1983 by Ord.
No. 2625. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any store or building or group thereof, including shopping
centers, shopping plazas and other similar places, wherein mercantile
activities and services are offered to the public at wholesale or
retail, and includes all parking areas.
Garbage, refuse, rubbish and all other material which, if
thrown or deposited as herein prohibited, tends to create a danger
to public health, safety and welfare or creates unsightliness.
A park, playground, recreation center or any other public
area in the Township owned or used by the Township and devoted to
active or passive recreation.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
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 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, alleys or other public ways,
and any and all public parks, squares, spaces, grounds and buildings.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, street cleanings, abandoned automobiles and
solid market and industrial wastes.
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 deposit or throw litter in or upon any street,
sidewalk or other public place within the Township except in public
receptacles or private receptacles for collection.
No person shall sweep or deposit in any gutters, street or other
public place within the Township, the accumulation of litter from
any building or litter from any public or private driveway.
No person while a driver or passenger in a vehicle shall throw
or deposit litter upon any street or public place within the Township
or upon private property.
No person shall drive or move any truck or other vehicle within
the Township unless such vehicle is so constructed or loaded as to
prevent any load content or litter 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 Township, the wheels or tires
of which carry onto a deposit in any street, alley or other public
place any mud, dirt, litter or foreign matter of any kind.
No person shall throw or deposit litter in any park within the
Township 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 upon any street or other public place.
No person shall throw or deposit litter on any occupied private
property or commercial place within the Township, whether owned by
such person or not, except
that the owner or person in control of 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.
Each owner or person in control of any commercial place, including
shopping centers and delivery and parking areas thereat, shall keep
said places, parking fields, parking areas, delivery areas and other
open areas which are a part of such commercial place free from litter.
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 the storage of litter in authorized
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.
Whenever any of the above conditions are brought to the attention
of the Director of Public Works, Director of Licenses and Inspections,
the Fire Marshal, Director of Public Health or any police officer,
it shall be their duty to issue a citation to anyone they may detect
is violating any of the provisions of this chapter.
A.Â
This chapter shall be enforced by the filing of a civil complaint
or by such other means as may be provided by the Pennsylvania Rules
of Civil Procedure. Any person, firm or corporation who violates any
building, housing, property maintenance, health, fire or public safety
code shall, upon being found liable in a civil proceeding, be ordered
to pay a penalty of not more than $1,000, plus the costs of prosecution,
plus all Township attorneys' fees incurred in the prosecution of the
civil case. Any person, firm or corporation who violates any other
ordinance shall, upon being found liable in a civil proceeding, be
ordered to pay a penalty of not more than $600, plus the costs of
prosecution, plus all Township attorneys' fees incurred in the prosecution
of the civil case. Each day that a violation continues shall constitute
a separate violation of this chapter. Each subsection of this chapter
that is violated shall constitute a separate violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.Â
Each violation of each section of this chapter shall be considered
a separate offense; if such violation continues for more than one
day (24 hours), each day's violation shall be a separate offense.
