[Adopted 10-14-1974 as Ch. 63 of the 1974 Code; amended
in its entirety 12-8-2005 by Ord. No. 1177 (Ch. 173 of the 1999
Code)]
It is hereby declared and found that litter
carelessly deposited in the Borough is the cause of civic disgrace;
that litter is a health, fire and safety hazard and environmental
pollutant; that failure to properly control and dispose of litter
in the Borough creates significant and unnecessary cleanup and remediation
costs to the taxpayer's detriment and, for all these reasons, should
be subject to regulation and control.
For the purpose of this Part, the following
terms, phrases, words, and their derivation shall have the meaning
given herein.
A container of watertight construction with a tight-fitting
lid or cover capable of preventing the escape of contents within.
Such receptacles shall have handles or other means for safe and convenient
handling and be of such size or sufficient capacity to hold all litter
generated between collection periods and shall be in compliance with
such additional regulations as may be promulgated by the Borough.
Any private or public property upon which repairs to existing
buildings, construction of new buildings, or demolition of existing
structures is taking place.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed matter
of literature which is not delivered by United States mail, including
but not limited to material:
Which advertises for sale any merchandise, product,
commodity or thing;
Which 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;
or
Which 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.
Garbage, refuse, and rubbish and all other waste material
which, if not properly disposed of in the manner as herein prohibited,
tends to create blight, contaminate the environment and/or present
a danger to public health, safety and welfare.
Any dock space or area used by any moving vehicle for the
purpose of receiving, shipping and transporting goods, wares, commodities
and persons located on or adjacent to any stream, river or land.
All property, including but not limited to vacant land or
any land, building or other structure designed or used for residential,
commercial, business, industrial, institutional or religious purposes,
together with any yard, grounds, walk, driveway, fence, porch, steps,
vestibule, mailbox and other structure appurtenant thereto.
Any and all streets, sidewalks, boulevards, alleys or other
public ways, lakes, rivers, watercourses or fountains and any and
all public parks, squares, spaces, grounds, and buildings.
Any receptacles provided by or authorized by the Borough.
Every device in, upon or by which any person or property
is or may be transported or drawn upon land or water, including devices
used exclusively upon stationary rails or tracks.
No person shall deposit any litter within the
Borough except in public receptacles, in authorized private receptacles
for collection or in any duly licensed disposal facility.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such a manner
as to prevent litter from being carried or deposited by the elements
upon any public place or private premises.
No person shall upset or tamper with a public
or private receptacle designed or used for the deposit of litter or
cause or permit its contents to be deposited or strewn in or upon
any public place or private premises.
Persons owning, occupying or in control of any
public place or private premises shall keep the sidewalks and alleys
adjacent thereto free of litter, and shall maintain such receptacles
as may be required by the regulations promulgated by the Borough Manager.
1.
The owner or person
in control of any private premises shall at all times maintain the
premises free of litter.
2.
The owner or person
in control of private premises shall, if public receptacles are unavailable,
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 public place or private premises.
1.
No person, while
the operator of or passenger in a vehicle, shall deposit litter upon
any public place or private premises.
2.
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 public place or private
premises. 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 public place or private premises mud, dirt, sticky substances,
litter or foreign matter of any kind.
No person shall deposit litter in any park 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 upon any other public place
or private premises. Where receptacles are not provided, all such
litter shall be removed from the park by the person responsible for
its presence and properly disposed of elsewhere in a lawful manner.
1.
Public places.
No person shall deposit or unlawfully sell any handbill in or upon
any public place; provided, however, that it shall not be unlawful
on any public place for any person to hand out or distribute, without
charge to the receiver, any handbill to any person willing to accept
it.
2.
Private premises.
No person shall deposit or unlawfully distribute any handbill in or
upon private premises, except by handing or transmitting any such
handbill directly to the occupant of such private premises; provided,
however, that in cases of private premises which are not posted against
the receiving of handbills or similar material, such person, unless
requested by anyone upon such premises not to do so, may securely
place any such handbill in such a manner as to prevent such handbill
from being deposited by the elements upon any public place or private
premises, except mailboxes may not be so used when prohibited by federal
postal law or regulations. The provisions of this section shall not
apply to the distribution upon private premises only of newspapers
and religious or political literature, except that newspapers and
religious and political literature shall be placed in such a manner
as to prevent their being carried or deposited by the elements upon
any public place or private premises.
3.
Placing handbills
on vehicles. No person shall deposit any handbill in or upon any vehicle
unless the occupant of a vehicle is willing to accept it.
4.
Cleanup. It shall
be the responsibility of any person distributing handbills to maintain
the area which they are utilizing free of any litter caused by or
related to said handbill distribution.
No person shall post or affix any notice, poster
or other paper or device, calculated to attract the attention of the
public, upon any public place or private premises, except as may be
authorized or required by law.
1.
Each contractor
shall be responsible for the construction site in such a manner that
litter will be prevented from being carried or deposited by the elements
upon any public place or private premises.
2.
Litter or other
debris, including dirt and mud, deposited as the result of normal
construction process upon any public place or private premises, shall
be removed.
The person owning, operating or in control of
a loading or unloading dock shall maintain authorized private receptacles
for collection of litter and shall at all times maintain the dock
area free of litter in such a manner that litter will be prevented
from being carried or deposited by the elements upon any public place
or private premises.
1.
Litter receptacles
required. Any public place or private premises containing any provision
for parking vehicles shall be equipped with litter receptacles in
compliance with this section. Such premises shall include but not
be limited to such places as shopping centers, outdoor theaters, drive-in
restaurants, gasoline service stations, apartment developments, parking
lots, and any other place where provision is made for vehicles to
stop or park in a designated area for any purpose.
2.
Number of receptacles.
All premises having parking lots shall provide, in an easily accessible
location, a minimum of two refuse containers for up to 25 spaces and
at least one additional refuse container for every 50 additional parking
spaces.
3.
Specifications.
Litter receptacles shall have tight-fitting lids or tops and shall
be weighted or attached to the ground or other fixed structures as
necessary to prevent spillage. A minimum litter container size of
20 gallons shall be used, with all containers being an easily identifiable
color with proper markings indicating litter receptacles.
4.
Cleanliness. Premises
used for the purpose designated herein shall be kept in a litter-free
condition, and all litter shall be removed periodically from the receptacles
so that they remain usable at all times.
5.
Obligation to
use receptacles. It shall be the duty and obligation of all persons
using parking areas to use such litter receptacles as herein above
provided for the purposes intended, and it shall be unlawful for any
person or persons to deposit upon any such parking lot any litter.
[Amended at time of adoption of Code (see AO)]
Any person, firm or corporation violating any
provision of this Part shall, upon conviction in a summary proceeding
under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense and shall be punishable by a fine of not more than
$1,000, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
Part that is violated shall also constitute a separate offense. In
addition to or in lieu of enforcement under this section, the Borough
may enforce this Part in equity in the Court of Common Pleas of Allegheny
County.