[Ord. No. 2018-2286, 4/10/2018]
1.
The Council finds that litter, refuse, rubbish, and garbage on sidewalks
is a public nuisance and destructive of the rights and values of property
owners as well as the entire community. Unless the Borough acts to
ensure the removal of litter, refuse, rubbish, and garbage on sidewalks,
the litter, refuse, rubbish, and garbage on sidewalks tends to remain,
all to the detriment of the Borough.
2.
The Borough Council intends, through the adoption of this Part 12,
to provide additional enforcement tools to ensure the removal of litter,
refuse, rubbish, and garbage from its sidewalks. The Council does
not intend for this Part 12 to conflict with any existing criminal
state laws; and to the extent such conflict may exist, state law shall
supersede this Part 12.
[Ord. No. 2018-2286, 4/10/2018]
The owner, occupant or tenant of every property fronting upon
or alongside of any of the streets in the Borough is hereby required
to remove or cause to be removed from all of the walkways, private
alleys, private lots, sidewalks, curbs and gutters in front of or
alongside of such property all litter, refuse, rubbish and garbage
within 24 hours after it has thereon fallen or been deposited, provided
that litter, refuse, rubbish and garbage that has thereon fallen or
been deposited after 6:00 p.m. of any Saturday evening may be removed
at any time before 10:00 a.m. of the next Monday morning; provided,
further, that the owner of a property shall be responsible for conforming
to the requirements of this section where such property is occupied
by such owner or is unoccupied or vacant or is a multiple-business
or multiple-dwelling property, designed to be occupied by more than
one tenant; and the tenant or occupier shall be responsible therefor
where such property is occupied by such tenant or occupier only.
[Ord. No. 2018-2286, 4/10/2018]
In any case where the owner, occupant or tenant, as aforesaid, shall fail, neglect or refuse to comply with any of the provisions of § 21-1202 of this Part within the time limit prescribed therein, the Borough authorities may proceed immediately to clear all litter, refuse, rubbish and garbage from the sidewalk of such delinquent and to collect the expenses thereof, with any additional amount allowed by law, from such owner, occupant or tenant, as the case may be, which may be in addition to any fine or penalty imposed under § 21-1204 of this Part.
[Ord. No. 2018-2286, 4/10/2018]
Any owner, occupant or tenant who shall fail to remove any litter, refuse, rubbish, or garbage from any sidewalk as required by § 21-1203 of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $100 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment in the county jail for not more than 10 days, provided that such fine and costs of prosecution may be in addition to any expenses and additional amounts authorized by law, imposed as provided in § 21-1204 of this Part.
