[HISTORY: Adopted by Mayor and Council of Borough of Wenonah 7-8-1971. Amended 7-14-1988, 9-28-1989; amended
in its entirety 3-23-2006 by Ord.
No. O-06-02. Amendments noted where applicable.]
The purpose of this ordinance to establish requirements to control
littering in the Borough of Wenonah, so as to protect public health,
safety and welfare, and to prescribe penalties for the failure to
comply.
For the purpose of this ordinance, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
The Borough of Wenonah.
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,
newspaper, magazines, glass, metal, plastic or paper containers or
other packaging or construction material, but does not include the
waste of the primary process of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
A park, reservation, playground, recreation center, conservation
area or any other public area in the Borough owned or used by the
Borough and devoted to active or passive recreation.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
Any dwelling house, building or other structure whether uninhabited,
or temporarily or continuously inhabited or vacant, and shall include
but not be limited to any 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, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds,
buildings or conservation areas.
It shall be unlawful for any person to throw, drop, discard
or otherwise place litter of any nature upon public or private property
other than a litter receptacle, or having done so, to allow such litter
to remain.
Whenever any litter is thrown or discarded or allowed to fall
from a vehicle or boat in violation of this ordinance, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this ordinance.
It shall be unlawful for any person to discard or dump, along
any street or road, on or off any right-of-way, any household or commercial
solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber
tires, appliances, furniture or private property, except by written
consent of the owner of said property, in any place not specifically
designated for the purpose of solid waste storage or disposal.
It shall be unlawful for any person to place, to cause to be
placed, or to hire another person to place any advertisement, handbill,
or unsolicited material of any kind in or on any street, sidewalk,
building, public or private property or vehicle within the Borough
in such manner that it may be removed by natural forces, and/or other
causes.
A.
Litter receptacles and their servicing are required at the following
public places which exist in the Borough of Wenonah, including:
(1)
Sidewalks used by pedestrians in commercially zoned areas such that
at a minimum there shall be no single linear 1/8 mile without a receptacle;
(2)
Buildings held out for use by the public, including schools, government
buildings and railroad and bus stations;
(3)
Parks;
(4)
All street vendor locations;
(5)
Self-service refreshment areas;
(6)
Construction sites;
(7)
Gasoline service station islands;
(8)
Parking lots; and
(9)
At special events to which the public is invited, including sporting
events and parades.
B.
The proprietors of these places or the sponsors of these events shall
be responsible for providing and servicing the receptacles such that
adequate containerization is made available.
No person shall allow litter to accumulate or sweep into or
deposit in any gutter, street or other public place within the Borough
the accumulation of litter from any building or lot or from any public
or private sidewalk or driveway. Persons owning or occupying property
shall keep the sidewalk in front of their premises free of litter.
All litter sweepings shall be collected and properly containerized
for disposal.
No person shall throw or deposit litter on any open, occupied
or vacant private property within the Borough, whether owned by such
person or not. The owner or person in control of any private property
shall at all times maintain the premises free of litter and maintain
authorized 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.
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during or after the completion of any construction
or demolition project. It shall be the duty of the owner, agent or
contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or nonflyable debris or trash at areas
convenient to construction areas and to maintain and empty the receptacles
in such manner and with such frequency as to prevent spillage of wastes.
This ordinance shall be enforced by the Police Department of
the Borough of Wenonah and/or other Municipal Officials of the Borough
of Wenonah.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine in an amount not less than $25 nor more than $50; upon a second
violation, a fine in an amount not less than $50 nor more than $100;
and upon a third or subsequent violation, a fine in an amount not
less than $100 nor more than $250; and/or a period of community service
not to exceed 10 days. Whenever such person shall have been officially
notified or by service of a summons in a prosecution, or in any other
official manner, that said person is committing a violation, each
day's continuance of such violation after such notification shall
constitute a separate offense, punishable by a like fine or penalty.
In the event that the owner, occupier or possessor of private
property or lands shall refuse or neglect to abate or remedy the condition
which constitutes a violation of this ordinance, the municipality
may cause the condition to be abated or remedied. Upon the removal
of any materials prohibited to be stored or abandoned on lands by
or under the direction of an appointed officer or officers of this
jurisdiction, in cases where the owner or tenant shall have refused
or neglected to remove the materials within five days of receiving
a notice of violation, such officer shall certify the cost thereof
to the municipality, which shall examine the certificate and, if found
correct, shall cause the cost as shown thereon to be charged against
said lands and to be added to and become and form part of the taxes
next to be assessed and levied upon said lands. The fines shall bear
interest at the same rate as taxes and shall be collected and enforced
by the same officers and in the same manner as taxes.
Should any section, paragraph, sentence, clause or phrase of
this ordinance be declared unconstitutional or invalid for any reason,
the remaining portions of this ordinance shall not be affected thereby
and shall remain in full force and effect, and to this end, the provisions
of this ordinance are hereby declared to be severable.
All ordinances or parts of ordinances inconsistent with the
provisions of this ordinance are hereby repealed to the extent of
such inconsistencies.
This ordinance shall take effect immediately after final passage
and publication as provided by law.
