[HISTORY: Adopted by the Council of the Borough of Milford 10-2-2023 by Ord. No. 967-2023.[1] Amendments noted where applicable.]
The purpose of this chapter is to establish requirements to
control littering in the Borough of Milford to protect public health,
safety, and welfare, and to prescribe penalties for the failure to
comply.
For this chapter, the following terms, phrases, words, and their
derivations shall have the meanings stated herein unless their use
in the text of this chapter 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
discretionary.
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 or mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state subject to municipal
jurisdiction.
A.
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
B.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this chapter, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this chapter.
Any person who violates the terms of this chapter after having
been notified shall pay a fine of not less than $1,500 but no more
than $7,500 plus court costs. This chapter shall be enforced by the
Borough's Zoning Officer, the Borough's Sewer Administrator,
or other Borough personnel as may be assigned by resolution of the
Milford Borough Common Council.
All ordinances or parts of ordinances in conflict or inconsistent
with any part of this chapter are hereby repealed to the extent that
they are in conflict or inconsistent.
If any section, provision, or part of provision of this chapter
shall be held to be unenforceable or invalid by any court, such holding
shall not affect the validity of this chapter, or any part thereof,
other than the part so held unenforceable or invalid.
This chapter shall take effect after passage and publication
in the manner provided by law.
