The purpose of this section is to establish requirements to
control littering in the Borough of Pine Beach, so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
For the purpose of this chapter, 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.
LITTER
Any used or unconsumed substance or waste material which
has been discarded or no longer usable, 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, newspapers, magazines, periodicals
or discarded reading material, glass, metal, plastic or paper containers
or other packaging or construction material or any trash, wastepaper
or garbage lying about, but does not include the waste of the primary
processes of mining or other extraction processes, logging, sawmilling,
farming or manufacturing.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
It shall be the duty of any owner, lessee, tenant, occupant
or person in charge of any structure, whether residential, private
or commercial, to keep and cause to be kept the sidewalk, curb or
any parking area abutting the building or structure free from litter
obstructions or nuisances of any kind and to keep sidewalk, curbs,
areaways, backyards or courts and alleys free from litter, solid waste
or other offensive material.
The provisions of this chapter shall be enforced by the Police
Department of the Borough of Pine Beach.
Any person(s) who is found to be in violation of the provisions
of this chapter shall be subject to one or more of the following:
a fine not to exceed $1,000; imprisonment in the county jail for a
term not to exceed 90 days or community service for a period not to
exceed 90 days, for each and every violation. If the violation is
of continuing nature each and every day during which it continues
constitutes a separate and distinct offense.
No person shall sweep into or deposit in any gutter, street
or other public place the accumulation of any litter from any building
or lot or from any public or private sidewalk or driveway. Persons
owning or occupying property shall keep the sidewalks and area in
front of the property free of litter, garbage cans and receptacles;
provided, however, that this provision shall not apply to those periods
of time fixed by the Borough Council for the collection of leaves,
garbage and litter.
The owner, agent, lessee, tenant, occupant or other person who
manages or controls a building or lot shall be jointly responsible
for keeping the sidewalk, flagging, curbstone, area in front of the
building, backyards, courts, parking lots and alleys free from litter.
No person shall throw, cast or distribute or permit to be thrown,
cast or distributed any handbill, circular, card, booklet, placard
or other advertising matter in or upon any street, public place, front
yard, courtyard, stoop, vestibule or hall of any building or letter
box therein. This section shall not prohibit or otherwise regulate:
A. The delivery of any matter by the United States Postal Service.
B. The distribution of sample copies of newspapers regularly sold by
the copy or by annual subscription.
C. The distribution of anything other than commercial or business advertising
matter.