[HISTORY: Adopted by the Board of Supervisors of the Township
of Coolbaugh 12-15-2020 by Ord. No. 143-2020. Amendments noted
where applicable.]
This chapter shall be known and may be cited as the "Coolbaugh
Township Litter and Illegal Dumping Control Ordinance."
Coolbaugh Township designates the following Township roads as
the Coolbaugh Township Litter Enforcement Corridor in accordance with
75 Pa.C.S.A. § 6109:
A.
Laurel Drive; entire length.
B.
Echo Lake Road; entire length.
C.
Green Road; entire length.
D.
Industrial Park Drive; entire length.
E.
Market Way; entire length.
F.
Corporate Center Drive East; entire length.
G.
Corporate Center Drive West; entire length.
H.
Bill Leonard Drive; entire length.
I.
Pocono Heights Road; entire length.
A person is guilty of a littering offense under this chapter
if he/she:
A.
Causes any waste paper, sweepings, ashes, household waste, glass,
metal, refuse or rubbish, abandoned furniture and/or furnishings,
or any dangerous or detrimental substance to be deposited into or
upon any public road, street, highway, alley or railroad right-of-way
or upon the land of another or into the waters of the Commonwealth
of Pennsylvania; or
B.
Interferes with, scatters, fails to secure a trash receptacle, or
disturbs the contents or enables wildlife to disturb the contents
of any receptacle containing ashes, garbage, household waste, or rubbish;
or
C.
Is the owner or operator, or an agent of either, of a trash, garbage
or debris collection vehicle, including private automobiles and small
trucks, or any other type of vehicles used to collect or transport
trash, garbage or debris, who knowingly causes to be deposited or
deposits the vehicle's load or any part thereof upon any public
road, street, highway, alley or railroad right-of-way or upon the
land of another or into the waters of the Commonwealth of Pennsylvania.
A.
A person who violates § 245-3A or B is guilty of a summary offense for the first offense and upon conviction thereof shall be sentenced to pay a fine of not less than $50 nor more than $300 and be required to pick up litter or illegally dumped trash for not less than five nor more than 30 hours to be completed within six months, or to imprisonment for not more than 90 days, or both.
B.
A person who violates § 245-3A or B is guilty of a misdemeanor of the third degree for the second and subsequent offense and upon conviction thereof shall be sentenced to pay a fine of not less than $300 nor more than $1,000. The person also may be sentenced to imprisonment or be required to pick up litter or illegally dumped trash for not less than 30 nor more than 100 hours to be completed within one year.
C.
A person who violates § 245-3C is guilty of a misdemeanor of the second degree for the first offense and upon conviction thereof shall be sentenced to pay a fine of not less than $500 nor more than $5,000. The person also may be sentenced to imprisonment or to performing a community service for a period of not to exceed two years.
D.
A person who violates § 245-3C is guilty of a misdemeanor of the first degree for the second or subsequent offense and upon conviction thereof shall be sentenced to pay a fine of not less than $1,000 nor more than $10,000. The person also may be sentenced to imprisonment or to performing a community service for a period not to exceed five years.
E.
Any vehicle, equipment or conveyance, including any private automobile and small truck, used for the transportation or disposal of trash, garbage or debris in the commission of a second or subsequent offense under § 245-3C may be deemed contraband and forfeited in accordance with 42 Pa.C.S.A. §§ 5803 (relating to asset forfeiture), 5805 (relating to forfeiture procedure), 5806 (relating to motion for return of property), 5807 (relating to restrictions on use), 5807.1 (relating to prohibition on adoptive seizures) and 5808 (relating to exceptions), as amended.
For any of the following violations, when committed in the Coolbaugh
Township Litter Enforcement Corridor, the fine shall be double the
usual amount:
A police officer authorized to enforce the law within Coolbaugh Township shall have the same right of arrest without a warrant as in a felony whenever the officer has probable cause to believe the defendant has violated § 245-3C, although the offense did not take place in the officer's presence. A police officer may not make a warrantless arrest pursuant to this section without first observing recent evidence of a § 245-3C offense or other corroborative evidence.
The operator, owner or agent of any vehicle, equipment or conveyance,
including private automobiles and small trucks, forfeited under this
chapter shall be responsible for any costs incurred in properly disposing
of waste in the vehicle, equipment or conveyance.
Section 245-3C does not apply to the lawful depositing of waste at any site regulated by the Department of Environmental Protection and/or the Monroe County Municipal Waste Management Plan and Ordinance.
The proceedings specified in this chapter shall not, in any
way, limit the right of the Township to exercise any rights or remedies
otherwise provided by law.
