[Ord. No. 10-2021-642, 10/28/2021[1]]
For the purpose of this Part 3, the following words, terms, and phrases when used in this Part 3 shall have the meaning ascribed to them in this section, except when the context clearly indicates a different meaning:
DUMPING
An amount of discarded material that cannot fit cumulatively within a five-gallon container.
HAZARDOUS WASTE
Waste discarded in any amount which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate Pennsylvania agency by or pursuant to federal or state law, or waste, in any amount, which is regulated under federal or state law. For purposes of this Part 3, the term "hazardous waste" shall also include motor oil, gasoline, paint, and appliances containing Freon. Hazardous waste shall be regulated as dumping.
LITTERING
An amount of discarded material that can cumulatively fit within a five-gallon container.
PROPERTY LINE (BOUNDARY)
An imaginary line or "party wall" that separates adjoining lands or the dwelling units of apartments, condominiums, townhomes, or duplexes, drawn through the points of contact of adjoining lands, or, in the case of apartments, condominiums, townhouses, and duplexes owned, rented, or leased by different persons, a demarcation or a line of separation between dwelling units or properties. In the circumstances of any two or more buildings sharing common grounds, the line drawn midway between any two such buildings. All areas devoted to public right-of-way or a common or shared area shall be deemed to be across the property line.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, circle, highway, sidewalk, or similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property, or structures thereon, which is owned or controlled by a governmental entity.
REAL PROPERTY
All land, whether publicly or privately owned, whether improved or not improved, with or without structures, exclusive of any areas devoted to the public right-of-way.
TOWNSHIP
Township of Salisbury, Lehigh County, Pennsylvania.
[1]
Editor's Note: This ordinance also superseded former Part 3, Littering, as adopted by Ord. No. 92, 10/14/1965, and by Ord. No. 260, 10/10/1985, as amended.
[Ord. No. 10-2021-642, 10/28/2021]
From and after the effective date of this Part 3, it shall be unlawful for any person to place, discard, or deposit any material including, but not limited to, garbage, rubbish, cans, trash, hazardous waste and materials, or other refuse materials that threaten the environment upon any public street, public right-of-way, public real property, or the private real property of others.
[Ord. No. 10-2021-642, 10/28/2021]
1. 
Any person who deposits any materials on any public street, public property or the property of others shall immediately remove and carry away the same; failure to do so shall be a separate offense under this Part 3.
2. 
Any person who deposits hazardous materials and/or materials requiring specialized disposal shall be financially responsible for abatement costs; failure to do so shall be a separate offense under this Part 3.
[Ord. No. 10-2021-642, 10/28/2021]
1. 
Littering. Any person who violates any provisions of this Part 3 with respect to littering as defined in § 6-301 shall, upon conviction thereof before a District Justice, be sentenced to pay a fine of not less than $300 nor more than $1,000 for each offense, plus costs of prosecution, and in default of payment thereof shall undergo imprisonment for a period of not more than 90 days.
2. 
Dumping. Any person who violates any provisions of this Part 3 with respect to dumping as defined in § 6-301 shall, upon conviction thereof before a District Justice, be sentenced to pay a fine of not less than $1,000 nor more than $5,000 plus costs of prosecution, and removal and remediation costs incurred by the Township. Default of payment thereof shall undergo imprisonment for a period of not more than 90 days.