[HISTORY: Adopted by the Board of Supervisors of the Township
of Weisenberg 4-13-2020 by Ord.
No. 20-2. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, partnership, firm, association, corporation,
or any entity of any nature whatsoever.
Any wastepaper, ashes, grass, grass clippings, trimmings,
advertising circulars, samples, fruit peelings, cans, dirt, rubbish,
waste, garbage or refuse.
It shall be unlawful for any person or business to throw, dump,
place or leave or cause to be thrown, dumped, placed or left any trash
on any streets, roadways, public right-of-ways, alleys, sidewalks,
vacant lots, in or on the ground of any public park, swimming pools,
playgrounds, recreation areas, public buildings, streams, water or
banks of such streams or rivers located within the Township.
It shall be unlawful for any person to permit the accumulation
of trash on property which it owns or occupies to such an extent that
the trash is blown, carried or swept onto adjacent property owned
by other persons or by the Township.
It shall be unlawful for any person to store or retain trash
in any open area except in adequate receptacles which control and
conceal said trash. Furthermore, it shall be unlawful for any person
operating a commercial business or industrial activity within the
Township to store or retain trash in any open area except in receptacles
which are placed in totally enclosed collection and disposal areas.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
chapter. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
All ordinances or parts of ordinances conflicting or inconsistent
with the provisions of this chapter hereby adopted are hereby repealed.
The provisions of this chapter shall be severable, and if any
provision hereof shall be declared unconstitutional, illegal or invalid,
such decision shall not affect the validity of any of the remaining
provisions of this chapter. It is hereby declared as a legislative
intent of the Township that this chapter would have been amended as
if such unconstitutional, illegal or invalid provision or provisions
had not been included herein.
The provisions of this chapter shall become effective on the
fifth day following enactment.
