An article to establish requirements to control littering in
the Township of Elk, so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
LITTER
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
This article shall be enforced by the Elk Township Police Department,
Elk Township Public Works Department and/or Elk Township Code Enforcement
Official.
Any person who shall violate any of the terms or provisions
of this article or shall commit or do any act or thing prohibited
by the terms of this article shall, upon conviction thereof, be subject
to a fine not exceeding $1,250, imprisonment for a term not exceeding
90 days or a period of community service not exceeding 90 days. Offenses
on separate days shall be deemed to be separate offenses, so that
a continued violation from day to day shall be construed to be a new
violation for each day such violation occurs.