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.
AUTHORIZED PRIVATE RECEPTACLE
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.
CONSTRUCTION SITES
Any private or public property upon which repairs to existing
buildings, construction of new buildings, or demolition of existing
structures is taking place.
HANDBILL
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:
1.
Which advertises for sale any merchandise, product,
commodity or thing;
2.
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
3.
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.
LITTER
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.
LOADING AND UNLOADING DOCKS
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.
PRIVATE PREMISES
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.
PUBLIC PLACE
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.
VEHICLE
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.
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.
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.
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.
[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.