[HISTORY: Adopted by the Borough Council of the Borough of
Clearfield as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-18-1968 by Ord. No. 960 (Ch. 33, Art. I, of the 1966 Code)]
For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them as follows:
Depositing or suffering to be deposited any discarded, unwanted
or rejected materials or accumulation thereof of any kind, including,
but not limited to, garbage, rubbish, waste building materials, appliances,
furniture and inoperable vehicles or parts thereof.
Any vehicle no longer intended for or in condition for use
upon the public highways.
Any item of unwanted or carelessly discarded material, including,
but not limited to, refuse, garbage, rubbish, trash, loose handbills,
advertisements or other substances.
Any person or persons, partnership, association, company,
firm or corporation.
No person shall throw or in any manner deposit or suffer to
be deposited any litter in or upon any street, sidewalk, beach, park,
body of water or other public or private property within the Borough.
Persons depositing litter in authorized public or private collection
receptacles shall do so in a manner so as to prevent such from being
carried by the elements onto any street, sidewalk or other public
or private property.
A.
No person, while in a vehicle, shall throw or deposit or suffer to
be deposited any litter upon any public or private property within
the Borough.
B.
All vehicles used to transport loose materials shall be so constructed
so as to prevent the escape of such materials onto any public or private
property.
C.
No vehicle shall be driven onto a public street while the tires thereof
are likely to deposit mud or other foreign substances upon the street
surface.
A.
No person, while in a vehicle, shall throw or deposit or suffer to
be deposited any litter from private premises onto any public property.
B.
No person shall deposit any materials on any private property in
such a manner as to allow or cause litter therefrom to be carried
onto any other private or public property.
C.
All owners of private property are required to keep their property
free of litter.
No person shall use or permit the use of any public or private
property within the Borough for dumping or as a sanitary landfill,
except that the Council may, upon request and in its discretion, authorize
the dumping for landfill purposes of noncombustible building materials,
such as stone, brick, mortar, concrete and other rubble, which are
relatively free of combustible or organic wastes.
The Council hereby declares that any property which contains
an accumulation of litter or a dump of prohibited materials constitutes
a nuisance. The Mayor is hereby authorized to serve notice, in writing,
to the property owner thereof to abate same or otherwise effect compliance
within seven days after issuance of such notice. In the event of noncompliance
within the time stated, the Borough may enter the premises and remove
same or otherwise effect compliance. The cost thereof, together with
any additional payment authorized by law, may be collected by the
Borough from such person in the manner provided by law.
A.
Any person who shall violate any provision of this article shall,
upon conviction thereof, for each violation, be subject to a fine
of not less than $10 nor more than $50 plus costs of prosecution.
In default of the payment of such fine plus costs, such person shall
be sentenced to the county jail for a period not exceeding 10 days.
B.
Each day that such violation exists shall be considered to be a separate
violation.
Should any portion whatsoever of this article be held invalid
or unenforceable for any reason by any court of competent jurisdiction,
such portion shall be deemed severable, but only to the extent of
such holding, and such holding shall not affect the remaining portions
hereof.
All ordinances or parts of ordinances inconsistent herewith
be and the same are hereby repealed.
This article shall take effect upon final passage and publication
as provided by law.
[Adopted 5-6-1976 by Ord.
No. 1065 (Ch. 33, Art. II, of the 1966 Code)]
It shall be unlawful for any person, firm or corporation to
transport in the streets, public ways or alleys of the Borough in
an open vehicle any substance or material which is subject to being
blown, dropped, sifted or leaked or otherwise escape from said vehicle
unless the said substance or material is covered by a tarpaulin or
other cover in such manner as to prevent the said substance or material
from being blown, dropped, sifted or leaked or otherwise escape from
the said vehicle.
It shall be unlawful for any person, firm or corporation to
allow any substance or material to be blown, dropped, sifted, leaked
or otherwise escape from any vehicle when being transported on the
streets, alleys and public ways of the Borough of Clearfield.
It shall be unlawful for any person, firm or corporation to
allow any substance to be blown, dropped, sifted, leaked or otherwise
escape from any train passing into or through the Borough of Clearfield,
onto the streets, alleys or public ways of the Borough of Clearfield.
Any person, firm or corporation violating the provisions of
this article shall, upon conviction thereof, be sentenced to pay a
fine of $25 and the costs of prosecution and for the removal of the
materials which have been blown, dropped, sifted or leaked on the
streets, public ways or alleys of the Borough of Clearfield.
Any ordinance or resolution in conflict herewith is hereby repealed.
If any section of this article is found to be illegal or unconstitutional,
it shall be constructed separately and shall not affect any other
provision of this article.
