[Ord. 834, 6/4/2018]
1. 
The purpose of this Ordinance is to establish requirements for the proper management and disposal of yard waste in the Borough of Nazareth, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
2. 
The Borough Council makes the following findings:
A. 
The deposit and accumulation of grass clippings, leaves and other yard waste upon and into the streets of the Borough have created a public problem by increasing the amount of waste and debris in the streets, making the Borough less visually attractive, and increasing pollution and run-off into the Borough’s storm water system; and
B. 
A significant portion of the run-off and debris in the streets results from persons intentionally disposing or placing grass clippings, leaves and yard waste in the Borough streets; and
C. 
The current ordinances and procedures are inadequate to abate the dumping of grass clippings, leaves and yard waste into the streets; and
D. 
A new ordinance is required to remediate the problems identified herein.
[Ord. 834, 6/4/2018]
For the purpose of this Ordinance the following definitions shall apply:
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or other similar receptacle to prevent yard waste from spilling, blowing or in any way being deposited onto the street and coming into contact with storm water.
PERSON
Any individual, corporation, association or similar entity subject to municipal jurisdiction who owns or occupies an improved or unimproved parcel of real property in the Borough.
STREET
Any street, avenue, boulevard, road, parkway, drive, alley, or other way, and includes the lane between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Including, but not limited, to leaves, grass clippings or other debris or waste produced in conjunction with yard maintenance, gardening or similar activities.
[Ord. 834, 6/4/2018]
1. 
Except as stated in Subsection 3 below, it shall be unlawful for any person to knowingly cause yard waste to be deposited onto the streets of the Borough unless it is containerized. A property owner or occupier is responsible to ensure that any third-party individuals or entities hired to perform landscape maintenance or other services on the property abide by this Ordinance. Any yard waste which inadvertently enters the streets of the Borough shall be promptly removed; there is no “grace period” within which to remove yard waste.
2. 
It shall be unlawful for any person to knowingly cause yard waste to be swept, spilled, blown or in any way deposited directly or indirectly into the storm water system.
3. 
Sweeping, raking, blowing or otherwise depositing leaves that are not containerized at the curb or along the street shall be permitted only during scheduled and announced collection times during the fall, and any such leaves shall not be deposited within 10 feet of any storm water system inlet.
[Ord. 834, 6/4/2018]
1. 
This Ordinance may be enforced by the Police Department or the Borough Code Enforcement Officer. A violation of this Ordinance shall initially be sanctioned by the civil penalty method set forth in § 10-805. The enforcing officer will use common sense and discretion in the enforcement of this Ordinance and shall consider means other than the issuance of a citation where appropriate. No citation may be based upon hearsay.
2. 
There shall be a presumption that yard waste found in a street immediately adjacent to a property was placed there by the property owner or occupier. This is a rebuttable presumption.
[Ord. 834, 6/4/2018]
A violation of this Ordinance shall constitute a civil penalty punishable by a fine set by resolution of the Borough Council. A citation, similar in form to a parking citation, shall be tendered by the officer to the offending person. Any offending person who does not pay the citation amount at the Borough Office within 72 hours may be subject to increased penalties or fines.
[Ord. 834, 6/4/2018]
Any person who fails to pay a civil penalty set under § 10-805 within 30 days commits a summary offense under the Borough Code and shall be issued a citation to appear before the District Justice. Upon conviction, a Defendant shall be fined not more than $600 and costs of prosecution for each offense, or in default thereof, sentenced to the county jail for up to 30 days.
[Ord. 834, 6/4/2018]
Should any portion of this Ordinance be determined to be unlawful or unconstitutional, then the remainder of the Ordinance shall not be affected and shall remain in full force and effect.