[HISTORY: Adopted by the Borough Council of the Borough of Brentwood 5-19-1992 as Ord. No. 1025. Amendments noted where applicable.]
For purposes of this chapter, the following words and phrases shall have the definitions and connotations set forth hereinbelow:
- ANIMAL WASTE
- Includes both solid and liquid body waste from any animal, including but not limited to domestic animals and pets.
- Includes putrescible animal or vegetable waste resulting from, among other things, preparation, cooking and consumption of food.
- Includes garbage, refuse, rubbish and/or animal waste as defined herein, and all other waste material, which, if deposited or accumulated in any manner as prohibited by these regulations, can create a danger to public health, safety, well-being and welfare.
- Includes every natural person, any business entity and any group or association of any natural persons and/or business entities or combinations of natural persons and business entities.
- Includes all putrescible and nonputrescible solid waste, including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid or liquid market, commercial and/or industrial waste.
- Includes non-putrescible solid waste, including but not limited to both combustible and noncombustible waste, such as paper, wrappings, cigarettes, cigars, cardboard, metal cans and containers, plastic containers, yard clippings, leaves, wood, glass, bedding, crockery and all other discarded or abandoned materials.
- Includes every device, whether self-propelled or towed, in, upon or by which any person or property is or can be transported or drawn through or upon the streets, ways and public or private areas in the borough.
No person may sweep, throw, dump, discard, abandon or otherwise deposit, or cause to be deposited, any litter in or upon any public, private, open or vacant property or premises, whether owned by such person or not or upon any street, sidewalk, park or other public place or in any stream or waterway within the borough, except in properly designated and properly maintained public or private receptacles for temporary storage and ultimate collection of such materials. Any litter deposited or temporarily stored in proper public or authorized private receptacles shall be deposited and stored in such manner as to prevent said litter from being removed or scattered by wind, animals or scavengers, from or around said receptacle.
Depositing, storing, collecting or maintaining any building material, salvage material or related or associated material or debris, including but not limited to lumber, boxes, building materials of all kinds and any debris associated with building, construction, remodeling, demolition or salvage work is hereby prohibited on any of the public streets, roads, ways, sidewalks, parking areas, parks and other public areas within Brentwood Borough.
Sweeping, throwing, abandoning, discharging or otherwise depositing, or causing to be deposited, any litter into any street, road, way, alley, walkway, pedestrian way, sidewalk or other public area from any building, lot, sidewalk or driveway is prohibited. All persons residing, maintaining or operating any business or other activity in, or visiting in, Brentwood Borough are hereby required to maintain free of litter all sidewalks and pedestrian ways adjoining their lots and premises.
No operator, passenger or other person in or on a vehicle shall throw, discharge, discard or otherwise deposit litter upon any street, sidewalk or other public place within the borough or upon private property.
Every vehicle operated or parked in Brentwood Borough must be loaded and constructed in such manner as to prevent its load or contents, or any part thereof, from being blown, carried or otherwise deposited from said vehicle into any street, sidewalk or other public or private place in the borough. On any vehicle operated or moved in Brentwood Borough, the wheels, tires, treads and/or tracks of such vehicle must be clean to the extent that they do not deposit on any street, sidewalk, or other public or private place in the borough any litter, mud, dirt, tar, paint or other foreign matter of any kind. The provisions of this section will not apply to any excavation, earth moving, construction or demolition equipment or vehicle, or to any truck or earth or demolition material hauling vehicle, while said vehicle or equipment is stored or operated or moving on any construction or demolition site, provided that the deposition of litter and other prohibited materials from said site onto contiguous sidewalks, streets and other contiguous or adjacent public or private areas remains prohibited by the provisions of this chapter. To enable compliance with and enforcement of the provisions of this section, a verbatim copy of this section must be included in all bid specifications and contract documents promulgated or distributed by Brentwood Borough for all public works contracts and other contracts, permits and licenses, to which the provisions of said section reasonably will be applicable.
[Amended 8-1-1995 by Ord. No. 1078]
No person being the owner of or being in temporary or permanent charge of or having temporary or permanent custody of any animal shall allow or permit the animal, or cause the animal, to deposit any animal waste upon any public property or area or upon any private property other than the private property of the owner of the animal, unless such person has the permission of the property owner. Temporary violation of the prohibition of this section shall be considered abated in circumstances wherein the owner or person in charge of the animal, or having custody of the animal, immediately removes all animal waste deposited by the animal and promptly disposes of said waste in a sanitary manner. Such animal owners and persons in charge of, or having custody of, such animal are required to have immediately available to them, and in their immediate personal possession and control, effective means for removing animal waste deposited by said animal. The provisions of the Brentwood Code, Chapter 76, Animals, §§ 76-1 through 76-3, inclusive, are incorporated herein by reference.
Every person who violates, or causes to be violated, any provision of this chapter shall, upon conviction thereof before a court of competent jurisdiction, be sentenced to pay a fine of not more than $1,000 and to pay in addition to such fine, the taxable court costs of said prosecution, plus the costs and expenses of prosecution incurred by Brentwood Borough or, in default of payment of such fine and court costs and costs to Brentwood Borough, undergo imprisonment for not more than 30 days.
In circumstances involving violation by a business entity other than a sole proprietor, the penalties set forth herein may be imposed upon the directors, officers, partners and/or managers of such business entities.
Each day that a violation of any provision of this chapter is continued shall constitute a separate offense for purposes of enforcement and imposition of penalties.