[HISTORY: Adopted by the Mayor and Council of the Borough
of Pine Beach 7-9-1968 by Ord.
No. 68-06-178. Sections 110-3 and 110-12 amended
at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Amended in its entirety 6-8-2005 by Ord. No. 05-08-610. Subsequent amendments noted
where applicable.]
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.
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.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A.
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public, commercial program property
other than in a litter receptacle, or having done so, to allow such
litter to remain.
B.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this chapter, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this chapter.
C.
It shall be unlawful for any person to discard, drop or place along
any street or road, or off any right-of-way, any litter as defined
in this chapter, or any household or commercial solid waste, rubbish,
refuse, or junk, in any place not specifically designed for the purpose
of solid waste storage or disposal.
D.
It shall be unlawful for any residential, private or commercial property
owner to permit open or overflowing waste disposal receptacles on
his/her property.
E.
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.
F.
No person shall load, drive or move any truck or other vehicle unless
such vehicle is constructed or loaded as to prevent any load, contents
or litter from being blown or deposited upon any street or other public
or private place or property.
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:
