[HISTORY: Adopted by the City Council of the City of Allentown 11-7-1990 by Ord. No. 13008 (Article 720 of the 1962 Codified Ordinances). Amendments noted where applicable.]
[Amended 3-3-2005 by Ord. No. 14262]
Litter, dumping and graffiti are costly problems that contribute to the deterioration of property values and general disorder in a community. Litter and littered properties degrade the physical appearance of the City which reduces business and tax revenue and inhibits economic development. The quality of life and community pride of Allentown's citizens are negatively affected by litter, dumping, and graffiti. Recognizing these are community problems, the purpose of this chapter is to promote the health, safety and general welfare of the City by helping to create a clean environment for the citizens of Allentown.
The following words, terms and phrases when used in this chapter shall be defined as follows, unless the context clearly indicates otherwise:
AUTHORIZED LITTER RECEPTACLE
A litter collection receptacle which is placed on the public right-of-way or on public property by the City for use by the public to deposit small quantities of handheld trash, but not household or commercial waste.
[Amended 3-3-2005 by Ord. No. 14262]
CORE BUSINESS DISTRICT
Constitutes the following areas in the City of Allentown for the purposes of this chapter:
[Amended 7-18-2012 by Ord. No. 15005]
A. 
Center City Business District — Hamilton Street from 4th Street to 12th Street and Linden Street to Walnut Street.
B. 
7th Street Business District — 7th Street from Hamilton Street to Tilghman Street.
C. 
19th Street Business District — N 19th Street from Liberty Street to Tilghman Street and Allen Street from 18th Street to 20th Street.
DUMPING
Includes, but is not limited to, depositing of litter, depositing durable goods (refrigerators, washers, dryers, etc.) small appliances, furniture, carpets, tires, vehicles, vehicle parts and automotive products and other such municipal waste, hazardous waste, residual waste and construction or demolition debris on public or private property, except as authorized by Chapter 525, Article I, Waste Storage, Collection and Disposal.
[Amended 10-20-1993 by Ord. No. 13222; 8-3-1995 by Ord. No. 13344; 3-3-2005 by Ord. No. 14262; 7-18-2012 by Ord. No. 15005]
GRAFFITI
Includes any and all unauthorized inscriptions, words, figures, paintings, or other defacements that are written, marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to any surface of public or private property including but not limited to building structures, fences, walls, vehicles, transport trailers, railroad cars, dumpsters, etc. Graffiti shall not be construed to apply to easily removable chalk markings on the public sidewalk and streets used in connection with traditional children's games.
[Amended 6-22-1995 by Ord. No. 13343; 10-16-2008 by Ord. No. 14636; 7-18-2012 by Ord. No. 15005]
HAZARDOUS WASTE
Any waste material or a combination of solid, liquid, semisolid, or contained gaseous material that because of its quantity, concentration, physical, chemical, or infectious characteristics may:
[Amended 8-3-1995 by Ord. No. 13344; 7-18-2012 by Ord. No. 15005]
A. 
Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; and
B. 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed.
HOUSEHOLD HAZARDOUS WASTE (HHW)
Waste which would be chemically or physically classified as a hazardous waste but is excluded from regulation as a hazardous waste because it is produced in quantities smaller than those regulated by the Pennsylvania Department of Environmental Protection, and because it is generated by persons not otherwise covered as hazardous waste generators by those regulations. Such HHW materials meet one of the following four classifications: toxic; flammable; reactive; or corrosive. HHW consists of numerous products that are common to the average household such as pesticides and herbicides, cleaners, automotive products, paints, and acids.
[Amended 3-3-2005 by Ord. No. 14262; 7-18-2012 by Ord. No. 15005]
JUNKED VEHICLE
Any vehicle which presents a hazard or danger to the public or is a public nuisance by virtue of its state or condition of disrepair.
[Amended 5-2-2007 by Ord. No. 14480; 7-18-2012 by Ord. No. 15005]
A. 
The following conditions, if present, are examples of a state or condition of disrepair:
(1) 
Rusted and/or jagged metal on or protruding from the body of the vehicle;
(2) 
Broken glass or windows on or in the vehicle;
(3) 
Leaking of any fluids from the vehicle or deflated or flat tire(s);
(4) 
Unsecured and/or unlocked doors, hood or trunk;
(5) 
Storage or placement of the vehicle in an unbalanced condition, on concrete blocks or other similar apparatus;
(6) 
Harboring of rodents, insects or other pests.
B. 
The foregoing examples are not inclusive of all conditions which may constitute a state or condition of disrepair.
LITTER
Includes, but is not limited to, all waste material, garbage, trash, i.e., waste paper, tobacco products, wrappers, food or beverage containers, newspapers, etc., municipal waste, human waste, domestic animal waste, furniture or motor vehicle seats, vehicle parts, automotive products, shopping carts, construction or demolition material, recyclable material, dirt, mud and yard waste that has been abandoned or improperly discarded, deposited or disposed.
[Amended 3-3-2005 by Ord. No. 14262; 5-2-2007 by Ord. No. 14480; 7-18-2012 by Ord. No. 15005]
MINOR
Any person under the age of 18 years.
[Amended 7-18-2012 by Ord. No. 15005]
MUNICIPAL WASTE
Any garbage, refuse, industrial, lunchroom or office waste, and other material including solid, liquid, semisolid, or contained gaseous material resulting from operation or residential, municipal, commercial, or institutional establishments or from community activities and which is not classified as residual waste or hazardous waste as defined herein.
[Amended 10-20-1993 by Ord. No. 13222; 8-3-1995 by Ord. No. 13344; 3-3-2005 by Ord. No. 14262; 7-18-2012 by Ord. No. 15005]
NOTICE OF VIOLATION
A written document issued to a person in violation of a City ordinance which specifies the violation and contains a directive to take corrective action within a specified time frame or face further legal action.
[Amended 3-3-2005 by Ord. No. 14262; 7-18-2012 by Ord. No. 15005]
PERSON
Every natural person, firm, corporation, partnership, association, or institution.
[Amended 7-18-2012 by Ord. No. 15005]
PLANTER STRIP
The non-concrete space in the sidewalk area filled with dirt and/or grass.
[Amended 3-3-2005 by Ord. No. 14262; 7-18-2012 by Ord. No. 15005]
PRIVATE PROPERTY
Any land and the improvements thereon owned by any person and includes front, side and rear yards; vacant lots, buildings and other structural improvement; walkways and alleyways; and parking areas, designed or used either wholly or in part for private residential, industrial or commercial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
[Amended 8-3-1995 by Ord. No. 13344; 7-18-2012 by Ord. No. 15005]
PUBLIC NUISANCE
Any condition or premises which is unsafe or unsanitary.
[Amended 5-2-2007 by Ord. No. 14480; 7-18-2012 by Ord. No. 15005]
PUBLIC OFFICER
Any police officer, authorized inspector, or public official designated by the Mayor to enforce the City ordinances.
[Amended 8-3-1995 by Ord. No. 13344; 5-4-2000 by Ord. No. 13833; 7-18-2012 by Ord. No. 15005]
PUBLIC RIGHT-OF-WAY
The total width of any land used, reserved or dedicated as a street, alley, driveway, sidewalk or utility easement, including curb and gutter areas.
[Amended 7-18-2012 by Ord. No. 15005]
RECYCLABLE MATERIAL
Material which would otherwise become municipal waste, which can be collected, separated or processed, and returned to the economic mainstream in the form of raw materials or products. These materials are designated by the regulations promulgated under Chapter 525, Article II, Residential Recycling.
[Amended 7-18-2012 by Ord. No. 15005]
RESIDUAL WASTE
Any discarded material or other waste including solid, semisolid or contained gaseous materials resulting from construction, industrial, mining, and agricultural operations excluding municipal water and sewer operations.
[Amended 8-3-1995 by Ord. No. 13344; 7-18-2012 by Ord. No. 15005]
RESPONSIBLE AGENT
Any person residing or working within the County of Lehigh designated to accept service on behalf of a legal owner or operator of a rental dwelling unit.
[Amended 3-3-2005 by Ord. No. 14262; 7-18-2012 by Ord. No. 15005]
RUNNING BAMBOO
Any monopodial, or "running," woody grass that spread variously, sending out underground runners (rhizomes) which sometimes range far from the parent plant. The definition refers to all parts of the bamboo including the aboveground plant, its roots and rhizomes. For the purposes of enforcement of this chapter, running bamboo shall be identified by the structure of growth and need not be by biological identification.
[Amended 9-20-2017 by Ord. No. 15396]
SHADE TREE
Unless otherwise specified, includes all trees, shrubs, and woody vegetation in the public right-of-way.
[Amended 3-3-2005 by Ord. No. 14262; 7-18-2012 by Ord. No. 15005]
SHOPPING OR GROCERY CART
Includes any small or light vehicle, typically owned by and used at retail stores, that is moved by hand and used to carry groceries and other such items.
[Amended 3-3-2005 by Ord. No. 14262; 5-2-2007 by Ord. No. 14480; 7-18-2012 by Ord. No. 15005]
SIDEWALK AREA
The public right-of-way between the property line and the curbline or the established edge of the roadway.
[Amended 3-3-2005 by Ord. No. 14262; 7-18-2012 by Ord. No. 15005]
SKATEBOARD
A narrow board or platform mounted on wheels designed to be operated by the rider standing thereon and propelled by human power or gravity.
[Amended 7-18-2012 by Ord. No. 15005]
TREE WELL
The non-concrete area surrounding a shade tree planted in a sidewalk area.
[Amended 3-3-2005 by Ord. No. 14262; 7-18-2012 by Ord. No. 15005]
VEGETATION
Any planting that is cultivated and managed for edible or ornamental purposes such as vegetable gardens, trees, shrubs, hedges, flowers, etc.
[Amended 10-16-2008 by Ord. No. 14636; 7-18-2012 by Ord. No. 15005]
VIOLATION TICKET
Issued by a police officer or public officer to a person who violates a provision of this chapter.
[Amended 3-3-2005 by Ord. No. 14262; 7-18-2012 by Ord. No. 15005]
WEEDS
A. 
All grasses, annual plants and vegetation which meet any of the following criteria:
[Amended 5-2-2007 by Ord. No. 14480; 7-18-2012 by Ord. No. 15005]
(1) 
Exceed 10 inches in height;
(2) 
Exhale unpleasant noxious odors or pollen such as ragweed, dandelion and miscellaneous other vegetation commonly referred to as "weeds" or "brush";
(3) 
May conceal filthy deposits or serve as breeding places for mosquitoes, other insects or vermin;
(4) 
May cause a public nuisance.
B. 
Weeds shall not include cultivated and managed vegetation planted for edible or ornamental purposes such as vegetable gardens, trees, shrubs, flowers, etc.
[Amended 8-3-1995 by Ord. No. 13344; 10-5-1995 by Ord. No. 13356; 3-3-2005 by Ord. No. 14262]
No persons shall throw, scatter, deposit or sweep litter, or cause litter to be on any public place, such as a street, sidewalk, park or playground, nor onto any private property, except in authorized receptacles.
A. 
No person shall deposit household or commercial waste in an authorized litter receptacle. Only small quantities of handheld trash may be placed in authorized litter receptacles.
B. 
Persons shall deposit litter in authorized litter receptacles in such a manner as to prevent it from overflowing the receptacle.
[Amended 8-3-1995 by Ord. No. 13344]
C. 
No person shall damage, deface, abuse or misuse any litter receptacle so as to interfere with its proper function or to detract from its proper appearance.
A. 
No person shall deliver or distribute newspapers or advertising matter to any premises unless it is handed to the recipient, placed on the driveway, porch, stoop or entrance way of the building or firmly affixed to a building so as to prevent the newspaper or advertising matter from being blown about, becoming scattered or in any way causing litter. It shall be unlawful to distribute these materials as described above if the owner or occupant has informed the person delivering or causing delivery that he/she does not wish to receive it.
[Amended 7-18-2012 by Ord. No. 15005]
B. 
No person shall post or affix any advertisement, notice, poster or other paper or device to any lamppost, street sign, traffic signal pole and control box, public utility pole or tree or upon any private or public structure or building, except as may be authorized or required by law.
[Amended 3-3-2005 by Ord. No. 14262; 5-2-2007 by Ord. No. 14480]
A. 
No person shall dump or cause to be deposited trash, debris, municipal waste, durable goods (refrigerator, washer, dryer, etc.), small appliances, furniture, carpets, shopping carts, tires, vehicles, vehicle parts, automotive products, construction or demolition material or other such items on public or private property, except as authorized by Chapter 525, Article I, Waste Storage, Collection and Disposal.
[Amended 8-3-1995 by Ord. No. 13344; 3-3-2005 by Ord. No. 14262]
B. 
No person shall dump or cause to be deposited household hazardous, hazardous or residual waste on public or private property.
A. 
No person shall throw, scatter or deposit litter from a vehicle upon any public street or other public place within the City, or upon private property.
[Amended 8-3-1995 by Ord. No. 13344; 3-3-2005 by Ord. No. 14262]
B. 
The owner or operator of any motor vehicle from which the aforementioned litter is thrown, discharged, dumped, deposited, placed, left or caused to be thrown, discharged, dumped, deposited, placed or left shall be responsible for such litter.
[Amended 8-3-1995 by Ord. No. 13344; 10-16-2008 by Ord. No. 14636]
C. 
No person shall operate a vehicle unless the vehicle is so constructed or loaded as to prevent its contents from falling, being blown, scattered or deposited upon any street, other public place or private property. Nor shall any person drive or move any vehicle or truck within the City, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.
[Amended 3-3-2005 by Ord. No. 14262]
A. 
Litter.
(1) 
No owner, possessor or responsible agent of real property shall permit litter to accumulate on the property and adjacent sidewalk area including the tree well and planter strip. It shall be the owner's, possessor's or responsible agent's duty to remove such litter to prevent any such accumulation.
[Amended 3-3-2005 by Ord. No. 14262; 5-2-2007 by Ord. No. 14480]
(2) 
No owner, possessor or responsible agent of real property shall accumulate, permit or store items such as furniture, durable goods (refrigerators, washers, dryers, etc.) small appliances, carpets, tires, vehicles, vehicle parts, automotive products or municipal waste, hazardous waste, residual waste or construction or demolition debris on the exterior of the property if it poses a threat to the physical appearance, safety or public health of the community or if their presence creates the potential for a public nuisance.
[Amended 3-3-2005 by Ord. No. 14262; 10-16-2008 by Ord. No. 14636]
(3) 
The owner, possessor or responsible agent of a commercial or institutional property may be required to procure, place, empty and maintain a sufficient number of litter receptacles on their property for public use by its customers to prevent the chronic accumulation of litter. These litter receptacles may not be placed in the public right-of-way.
[Amended 3-3-2005 by Ord. No. 14262]
(4) 
It shall be unlawful for anyone to obstruct or reduce in any way clear width of any doorway, hallway, passageway, fire escapes or other exitways.
[Amended 5-2-2007 by Ord. No. 14480]
B. 
Grass and weeds.
[Amended 5-2-2007 by Ord. No. 14480; 7-18-2012 by Ord. No. 15005; 9-20-2017 by Ord. No. 15396]
(1) 
No owner, possessor or responsible agent of real property shall permit grass or weeds to exceed 10 inches in height in the tree well, sidewalk, curbline or planter strip. It shall be the owner's, possessor's or responsible agent's duty to cut the grass or weeds to prevent such growth.
(2) 
No owner, possessor or responsible agent of real property or any tract of land shall allow any growth of grass or weeds to exceed 10 inches in height.
(3) 
The public officer shall only be required to notify the property owner once per calendar year that their property needs cutting before having it cut by the City or its contractors.
C. 
Running bamboo prohibited.
[Amended 9-20-2017 by Ord. No. 15396]
(1) 
Any property who, with respect to running bamboo, plants, grows, maintains, or allows any of the same on the property, or who permits running bamboo to spread from or to an adjoining property, shall be prohibited unless said owner can establish to the reasonable satisfaction of the City or court that the following conditions are met:
(a) 
Such running bamboo existed at its then present location prior to the enactment of this § 393-9C;
(b) 
No part of the running bamboo and its root system is closer than 20 feet to any property line, utility easement, and public right-of-way;
(c) 
Such running bamboo shall be isolated from all other vegetation by a barrier composed of a high-density polypropylene or polyethylene, with a thickness of at least 40 mils. The barrier shall be secured and joined together with stainless steel clamps or stainless steel closure stripes designed to be used with such barriers and shall be installed at least 30 inches deep. At least three inches of barrier must protrude above ground level and the barrier shall slant outward from bottom to top.
(2) 
Disposal of removed running bamboo plant or root system shall be done in an ecologically sensitive manner within a sealed container.
D. 
Vegetation. No owner, possessor or responsible agent of real property shall permit vegetation on the property to grow in such a manner as to create a public nuisance.
[Amended 10-16-2008 by Ord. No. 14636]
E. 
Vehicles.
(1) 
Junk vehicle. A junk or abandoned vehicle may not be parked, stored or left to remain on any lot, tract, parcel of land or portion thereof on public or private property, occupied or unoccupied, improved or unimproved, within the City of Allentown, unless necessary for the operation of a business enterprise lawfully permitted on private property. Any junk or abandoned vehicle or parts thereof shall be removed.
[Amended 5-2-2007 by Ord. No. 14480]
(2) 
Vehicle parking. Vehicle parking is not permitted on grass, landscaped, dirt or stone areas of property. All parking areas must be in compliance with all applicable City ordinances, codes and regulations. City-sponsored or special events are exempt from this requirement.
[Amended 7-18-2012 by Ord. No. 15005]
F. 
Graffiti. No owner or responsible agent of real property shall permit graffiti to remain on such property for more than 10 days, and it shall be the owner's or responsible agent's duty to remove or cause to be removed such graffiti. The City shall notify the owner or responsible agent of this requirement and, if not removed within 10 days of notification, the City shall have the authority to remove said graffiti.
[Amended 3-3-2005 by Ord. No. 14262; 5-2-2007 by Ord. No. 14480; 10-16-2008 by Ord. No. 14636]
G. 
Satellite dishes. It shall be the responsibility of the property owner of real property to remove any satellite dish(es) from the exterior of such property at the time of service disconnection.
[Amended 7-18-2012 by Ord. No. 15005]
H. 
No person owning, holding or in possession of any real estate shall allow or maintain on any lot or tract of land within the boundary of the City any growth of weeds to a height of over 10 inches, and such growth of weeds is hereby declared to be a nuisance, injurious to the health, cleanliness, comfort, and safety of the residents of the City.
[Amended 8-18-1970 by Ord. No. 11818; 12-1-2021 by Ord. No. 15767]
I. 
Dumpsters.
[Added 12-4-2024 by Ord. No. 16071]
(1) 
The property owner or lessee shall also ensure that all temporary dumpsters containing residual waste or recyclable material, within a public right-of-way, are covered with a suitable cover or tarpaulin during periods of nonuse in order to prevent unauthorized use and/or scattering of any contents therein. It shall be the responsibility of the state licensed hauler to cover the dumpster during transport.
[Amended 6-22-1995 by Ord. No. 13343; 3-3-2005 by Ord. No. 14262]
A. 
No person shall apply graffiti to any natural or man-made surface on public or private property.
B. 
All persons directly or indirectly involved in the acts of graffiti may be found to be equally responsible and guilty of the act, in addition to the individual who may personally deface the object or area, such as others in a group who knowingly made available the tools, writing material, ladders, lookouts, materials or assistance, or who knowingly supplied funds to acquire such materials for such purposes.
C. 
Writing, drawing, printing or marking with ink, paint, chalk or other substances on any real or personal property shall be permitted only to the extent that compliance with Chapter 660, Article XI, Signs, relating to signs, has been met and upon the procurement of a permit from the City where the following conditions are met:
(1) 
The permit shall specify the size, location and the materials to be used and shall include a small design of the proposed writing, drawing, printing or marking. A signed, notarized statement authorizing permission for the writing, drawing, printing or marking from the record owner of the property or a duly authorized agent must also be included with the permit application.
(2) 
No writing, drawing, painting or marking shall contain any threats or offensive language.
(3) 
A permit fee established by the City of Allentown shall be paid in full to the Department of Finance.
A. 
Sale or purchase of spray paint and markers.
(1) 
It is unlawful for any person and/or commercial establishment to sell, exchange, give or loan, or cause or permit to be sold, exchanged, given or loaned, any pressurized can containing any substance commonly known as "paint" or dye and any marker containing a fluid which is not water-soluble and has a point, brush, applicator or other writing surface of 3/8 inch or greater to anyone under the age of 18 years. Retail stores that sell these items shall provide and post adequate signage stating the prohibition of the sale of these products to anyone under the age of 18 years. The signs shall be posted on the product display shelving and at the store checkout areas.
[Amended 6-7-1996 by Ord. No. 13397; 10-16-2008 by Ord. No. 14636]
(2) 
It is unlawful for anyone under the age of 18 years to purchase any pressurized can containing paint or dye or marker as defined above.
(3) 
No person shall aid, assist or abet a person under the age of 18 in obtaining possession of paint in a spray can or any marker containing a fluid which is not water-soluble and has a point, brush, applicator or other writing surface of 3/8 inch or greater.
B. 
Possession of spray paint and markers by minors; exemptions.
(1) 
It shall be unlawful for any person under the age of 18 to have in their possession any pressurized can containing any substance commonly known as "paint," or dye, or any marker containing a fluid which is not water-soluble and has a point, brush, applicator or other writing surface of 3/8 inch or greater while on any public highway, street, alley or way, park, playground, swimming pool, or other public place or property, or on private property unless the owner of that property consented to the presence of the paint or marker.
[Amended 6-7-1996 by Ord. No. 13397]
(2) 
This prohibition shall not apply to a child using paint or a marker while under the immediate supervision of their parent or legal guardian, a student under direct supervision of their teacher or an employee using paint or a marker at the direction and under the supervision of their employer.
C. 
Prohibition of spray paint in public parks and buildings. It is unlawful for any person to have in his possession any pressurized can containing any substance commonly known as "paint" or dye or any marker containing a fluid which is not water-soluble and has a point, brush, applicator or other writing surface of 3/8 inch or greater while in any public park, playground, swimming pool, recreational facility, (other than a highway, street, alley or way), except authorized employees of the City of Allentown or an individual or authorized employee of an individual or company under contract with the City of Allentown.
[Amended 6-7-1996 by Ord. No. 13397]
D. 
Fraudulent evidence. No minor shall, at the times of purchase of items specified in this section, knowingly furnish fraudulent evidence of age when furnishing identification which must be in the form of a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act,[1] an identification card issued to a member of the armed forces, or any document issued by a federal, state, county or municipal government.
[Amended 6-7-1996 by Ord. No. 13397]
[1]
Editor's Note: See 50 U.S.C. § 3801 et seq.
A. 
No person shall use a shopping or grocery cart to transport groceries, goods or other items in the public right-of-way unless that person is the owner of the shopping or grocery cart.
B. 
All shopping or grocery carts shall be identified in a prominent and conspicuous manner. The identification must include the name of the establishment wherein the carts are used or the owner thereof.
[Amended 11-7-1990 by Ord. No. 13008]
C. 
All stores that provide shopping carts must take measures to prevent the removal of such carts from the area of the property under their control. The measures pursuant to this section shall be determined by regulation. All stores that provide shopping carts shall post a notice at all store exits pertaining to the prohibitions in this section, and that violators are subject to a fine or citation should they leave the premises with a shopping cart.
[Amended 5-4-2000 by Ord. No. 13833; 11-18-2004 by Ord. No. 14229; 5-2-2007 by Ord. No. 14480]
D. 
Shopping carts that have been removed from their premises and left elsewhere on public or private property must be retrieved by their owners within 12 hours of notification.
[Amended 5-2-2007 by Ord. No. 14480]
E. 
Shopping carts not retrieved by their owner after the notification period may be declared abandoned and subject to confiscation and disposal by the City or by an authorized agent of the City.
[Amended 5-2-2007 by Ord. No. 14480]
A. 
Skateboards prohibited in Core Business District. The operation, riding or coasting of skateboards on any sidewalks or streets in the Core Business District is hereby prohibited. The location and boundaries of the Core Business District are delineated in § 393-2.
[Amended 7-18-2012 by Ord. No. 15005]
B. 
Skateboards prohibited at night. The operation, riding or coasting of skateboards in the public right-of-way during hours of darkness, defined as 1/2 hour after sunset and 1/2 hour before sunrise, is hereby prohibited.
C. 
Notice of prohibited riding places. The operation, riding or coasting of skateboards upon any public or private property as to which notice against such activity is given by posting thereof in a conspicuous manner is hereby prohibited.
D. 
Pedestrian right-of-way on sidewalks. Where the operation or riding of skateboards is permitted on sidewalks, the rider shall yield the right-of-way to pedestrians using the sidewalk. Due and proper care for pedestrians must at all times be exercised by the riders.
E. 
Reckless riding. It shall be unlawful for any person to operate, ride, or coast upon any skateboard in a reckless manner, i.e., in a manner that disobeys common signs regulating vehicular traffic or in a manner that is careless and dangerous to the operator of the skateboard and/or the general public be they vehicular or pedestrian and/or that causes destruction of any property, public or private.
F. 
This section shall apply but not be limited to public streets and sidewalks.
[Amended 7-18-2012 by Ord. No. 15005; 4-2-2025 by Ord. No. 16113]
A. 
In the Core Business District, pedalcycles may be ridden in the street but shall not be ridden on the sidewalk at any time. Pedalcycles may be walked on the sidewalk in the Core Business District. The location and boundaries of the Core Business District are delineated in § 393-2.
B. 
Pedalcycles shall be parked in the bicycle racks when racks are provided.
C. 
Pedalcycles operated by on-duty police officers and Allentown Parking Authority personnel are exempt from any prohibiting provisions of this chapter.
[Amended 6-22-1995 by Ord. No. 13343]
A. 
Any violation of the provisions of this chapter by a minor 10 years of age and older may be cause for a citation, a violation ticket and/or a notice of violation to be issued to the minor or to the parent or legal guardian of the minor. Any violation of the provisions of this chapter by a minor under the age of 10 may be cause for a citation, a violation ticket and/or a notice of violation to be issued to the parent or legal guardian of the minor.
B. 
It shall be unlawful for any parent, legal guardian or other person having custody and care of any minor child under the age of 18 years to knowingly assist, aid, abet, allow, permit or encourage said minor to violate the provisions of this chapter, as herein defined, either by words, overt act, or by failing to act.
A. 
The provisions of this chapter shall be enforced by police officers, or any other public officer authorized to enforce ordinances.
[Amended 3-3-2005 by Ord. No. 14262]
B. 
Any violation of the provisions of this chapter may be cause for a citation, a violation ticket and/or a notice of violation to be issued to the violator.
[Amended 3-3-2005 by Ord. No. 14262]
C. 
A notice of violation or violation ticket shall be served upon a violator by handing it to the violator, by handing it at the residence of the person to be served to an adult member of the household or other person in charge of the residence, by leaving or affixing the notice or violation ticket to the property where the violation exists, by handing it at any office or usual place of business of the violator, to his/her agent or to the person for the time being in charge thereof, or by mailing the notice to the violator's address of record.
[Amended 8-3-1995 by Ord. No. 13344; 3-3-2005 by Ord. No. 14262]
D. 
Each day a violation continues or is permitted to continue may constitute a separate offense for which a separate fine may be imposed.
E. 
A public officer is authorized and empowered to cause a violation to be corrected.
F. 
If the City has affected the correction of the violation, the cost thereof may be charged to the owner of the property, tenant or offending party. The cost shall be determined by the Manager of Recycling and Solid Waste or designee in order that the City shall be compensated for both direct and indirect costs and expenses incurred.
[Amended 8-3-1995 by Ord. No. 13344; 10-5-1995 by Ord. No. 13356]
G. 
Where the public officer or the City takes corrective action to abate a public nuisance, the cost thereof, including any labor or materials supplied by the City or its contractors, plus an administrative fee of $300 added to each invoice incurred shall be charged to the owner and shall constitute a municipal lien against the real property upon which said cost and fee were incurred. For nuisance abatements in excess of $2,000, the administrative fee shall be 15% of the actual cost incurred, including any labor or materials supplied by the City or its contractors.
[Amended 7-18-2012 by Ord. No. 15005]
[Amended 8-3-1995 by Ord. No. 13344]
The City may publish and post any regulations governing the procedures and enforcement of any provisions of this chapter.
[Amended 3-3-2005 by Ord. No. 14262]
A. 
A person in receipt of a violation ticket may appeal to the Bureau of Recycling and Solid Waste by filing a request within 10 days of receipt of the violation ticket.
B. 
A Hearing Officer, designated by the Manager of the Bureau of Recycling and Solid Waste, may uphold the appeal, deny the appeal or may modify the violation ticket and/or any associated costs, fines or penalty amounts.
[Amended 10-20-1993 by Ord. No. 13222; 8-3-1995 by Ord. No. 13344]
If any provision, paragraph, word, section or subsection of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, or subsection shall not be affected and shall remain in full force and effect.
A. 
Violation ticket fines.
[Amended 3-3-2005 by Ord. No. 14262; 10-16-2008 by Ord. No. 14636]
(1) 
For the first and second offense of a violation of this chapter within a twelve-month period, violation tickets shall be issued in the amounts of $25 or $100.
(2) 
For the third offense of a violation of this chapter within a twelve-month period, violation tickets shall be issued in the amounts of $150 or $250.
(3) 
For the fourth offense of a violation of this chapter within a twelve-month period, violation tickets shall be issued in the amounts of $300 or $500.
(4) 
Any persons who receives a violation ticket for any violation of this chapter, except § 393-7, may, within 10 days, admit the violation, waive a hearing and pay the fine in full satisfaction.
(5) 
Any person who violates § 393-7 of this chapter shall pay a fine of $1,000 or $5,000 for each offense plus all direct and indirect costs incurred by the City for the cleanup and abatement of the violation.
(6) 
Any person who violates § 393-9D of this chapter shall pay a fine of $25 or $100 for the first offense with no additional cost to abate the violation. For the second and subsequent violations of § 393-9D the owner shall pay a fine as indicated in § 393-20A and the owner shall pay all direct and indirect costs incurred by the City for the abatement of the violation.
B. 
Violation ticket penalties.
(1) 
If the person in receipt of a $25 violation ticket does not pay the fine or request a hearing within 10 days, the person will be subject to a $10 penalty for days 11 through 20.
(2) 
If the person in receipt of a $100 violation ticket does not pay the fine or request a hearing within 10 days, the person will be subject to a $25 penalty for days 11 through 20.
(3) 
If the person in receipt of a $150, $250, $300 or $500 violation ticket does not pay the fine or request a hearing within 10 days, the person will be subject to a $50 penalty for days 11 through 20.
[Amended 10-16-2008 by Ord. No. 14636]
(4) 
If the person in receipt of a $1,000 or a $5,000 violation ticket does not pay the fine or request a hearing within 10 days, the person will be subject to a $100 penalty for days 11 through 20.
[Amended 10-16-2008 by Ord. No. 14636]
(5) 
Failure of the person to make payment or request a hearing within 20 days of a violation ticket shall make the person subject to a citation.
[Amended 10-16-2008 by Ord. No. 14636]
C. 
Citation fines.
(1) 
Any person, firm or corporation who shall fail, neglect or refuse to comply with any of the terms or provisions of this chapter, except § 393-7, or of any regulation or requirement pursuant hereto and authorized hereby shall, upon conviction, be ordered to pay a fine not less than $100 nor more than $1,000 on each offense or imprisoned no more than 90 days, or both.
[Amended 10-20-1993 by Ord. No. 13222; 8-3-1995 by Ord. No. 13344; 10-5-1995 by Ord. No. 13356; 6-7-1996 by Ord. No. 13397; 5-4-2000 by Ord. No. 13833; 10-17-2002 by Ord. No. 14026; 10-16-2008 by Ord. No. 14636]
(2) 
Any person, firm or corporation who shall fail, neglect or refuse to comply with the provisions of § 393-7 of this chapter shall, upon conviction, be ordered to pay a fine not less than $1,000 nor more than $5,000 on each offense or imprisoned no more than 90 days, or both. In addition, the Magisterial District Judge may impose any other such remedy deemed proper, including, without limitation, an order to clean up unlawful dump sites.
[Amended 3-3-2005 by Ord. No. 14262; 10-16-2008 by Ord. No. 14636]
(3) 
Any person, firm or corporation who shall fail, neglect or refuse to comply with any of the terms or provisions of §§ 393-9D and 393-11 shall, upon conviction, be ordered to pay a fine not less than $100 nor more than $2,500 on each offense or imprisoned not more than 90 days, or both.
[Amended 10-16-2008 by Ord. No. 14636]
D. 
Restitution. The Magisterial District Judge may order the violator to make restitution to said real or personal property owner.
[Amended 3-3-2005 by Ord. No. 14262]