[Adopted 1-1-1981 by Ord. No. 80-23-780 as Ch. 103, Art. I, of the 1981 Code]
For the purposes of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein. The word "shall" is always mandatory and not merely
directory.
Any contrivance now known or hereafter invented, used or
designated for navigations or for flight in the air. The word "aircraft"
shall include helicopters and lighter than air dirigibles and balloons.
A litter storage and collection receptacle, as required and
authorized in this article, regulating the disposal of garbage and
waste matter in the Borough.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter of literature:
Which advertises for sale any merchandise, product,
commodity or thing.
Which directs attention to any business or mercantile
or commercial establishment or other activity for the purpose of,
either directly or indirectly, promoting the interest thereof by sales.
Which directs attention to or advertises any
meeting, theatrical performance, exhibition or event of any kind for
which an admission fee is charged for the purpose of private gain
or profit, but the terms of this subsection shall not apply where
an admission fee is charged or a collection is taken up for the purpose
of defraying the expenses incident to such meeting, theatrical performance,
exhibition or event of any kind when either of the same is held, given
or takes place in connection with the dissemination of information
which is not restricted under the ordinary rules of decency, good
morals, public peace, safety and good order, provided that nothing
contained in this subsection shall be deemed to authorize the holding,
giving or taking place of any meeting, theatrical performance, exhibition
or event of any kind without a license where such license is or may
be required by any law of this state or under any ordinance of this
Borough.
Which, while containing reading matter other
than advertising matter, is predominantly and essentially an advertisement
and is distributed or circulated for advertising purposes or for the
private benefit and gain of any person so engaged as advertiser or
distributor.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States in accordance with federal statute or regulation
and any newspaper filed and recorded with any recording officer as
provided by general law and, in addition thereto, shall mean and include
any periodical or current magazine regularly published with no less
than four issues per year and sold to the public.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of
a commercial handbill or newspaper.
A park, reservation, playground, swimming pool, recreation
center or any other public area in the Borough owned or used by the
Borough and devoted to active or passive recreation.
Any dwelling, house, building or other structure designed
or used, either in whole or in part, for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds,
malls and buildings.
All putrescible and nonputrescible solid wastes, except body
wastes, including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
[Amended 10-18-1988 by Ord. No. 88-19-996]
A.
No person shall throw or deposit litter in or upon
any street, sidewalk, mall or other public place within the Borough
except in public receptacles, authorized private receptacles for collection
or in official Borough dumps.
B.
No person shall permit the accumulation of debris
on or around construction sites, or its storage in such a manner that
it is likely to be removed by natural forces onto adjacent property.
C.
No person shall permit open or overflowing commercial,
industrial or residential waste disposal bins.
D.
The storage, in areas zoned residential, of tires
or any bulk household items such as appliances, furniture or mattresses
is prohibited except in fully enclosed structures.
E.
The parking of vehicles on residential lawns is prohibited.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such a manner
as to prevent it from being carried or deposited by the elements upon
any street, sidewalk or other public place or upon private property.
A.
No person shall sweep into or deposit in any gutter,
street, mall or other public place within the Borough the accumulation
of litter from any building or lot or from any public or private sidewalk
or driveway. Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter.
B.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street, mall or other public
place within the Borough the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons
owning or occupying places of business within the Borough shall keep
the sidewalk in front of their business premises free of litter.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street or other public
place within the Borough or upon private property.
No person shall drive or move any truck or other
vehicle within the Borough unless such vehicle is so constructed or
loaded as to prevent any load, contents or litter from being blown
or deposited upon any street, alley, mall or other public place, nor
shall any person arrive or move any vehicle or truck within the Borough,
the wheels or tires of which carry onto or deposit in any street,
alley, mall or other public place mud, dirt, sticky substances, litter
or foreign matter of any kind.
No person shall throw or deposit litter in any
park, playground or recreation area within the Borough except in public
receptacles and in such a manner that the litter will be prevented
from being carried or deposited by the elements upon any part of the
park or upon any street, mall or other public place. Where public
receptacles are not provided, all such litter shall be carried away
from the park, playground or recreation area by the person responsible
for its presence and properly disposed of elsewhere as provided herein.
No person shall throw or deposit litter or any
foreign substance in any fountain, pond, lake, stream, swimming pool
or other body of water in a park, mall or elsewhere within the Borough.
No person shall throw or deposit any commercial
or non-commercial handbill in or upon any sidewalk, street, mall or
other public place within the Borough, nor shall any person hand out
or distribute or sell any commercial handbill in any public place;
provided, however, that it shall not be unlawful on any sidewalk,
street, mall or other public place within the Borough for any person
to hand out or distribute, without charge to the receiver thereof,
any noncommercial handbill to any person willing to accept it.
No person shall throw or deposit any commercial
or non-commercial handbill in or upon any vehicle; provided, however,
that it shall not be unlawful in any public place for a person to
hand out or distribute, without charge to the receiver thereof, a
noncommercial handbill to any occupant of a vehicle who is willing
to accept it.
No person shall throw or deposit any commercial
or non-commercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill upon any private premises
if requested by anyone thereon not to do so or if there is placed
on such premises in a conspicuous position near the entrance thereof
a sign bearing the words: "No Trespassing," "No Peddlers or Agents,"
"No Advertisements" or any similar notice, indicating in any manner
that the occupants of such premises do not desire to be molested or
have their right of privacy disturbed or to have any such handbills
left upon such premises.
A.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon private premises which are inhabited,
except by handling or transmitting any such handbill directly to the
owner, occupant or other person then present in or upon such private
premises; provided, however, that in case of inhabited private premises
which are not posted, as provided in this article, such person, unless
requested by anyone upon such premises not to do so, may place or
deposit any such handbill in or upon such inhabited private premises
if such handbill is so placed or deposited as to secure or prevent
such handbill from being blown or drifted about such premises or sidewalks,
streets or other public places, and except that mailboxes may not
be so used when so prohibited by federal postal law or regulation.
B.
The provisions of this section shall not apply to
the distribution of mail by the United States nor to newspapers, as
defined herein, except that newspapers shall be placed on private
property in such a manner as to prevent their being carried or deposited
by the elements upon any street, sidewalk or other public place or
upon private property.
No person in an aircraft shall throw out, drop
or deposit within the Borough any litter, handbill or any other object.
No person shall post or affix any notice, poster
or other paper or device calculated to attract the attention of the
public to any lamppost, public utility pole or shade tree or upon
any public structure or building, except as may be authorized or required
by law.
A.
No person shall throw or deposit litter on any occupied
private property within the Borough, whether owned by such person
or not, except that the owner or person in control of private property
may maintain authorized private receptacles for collection in such
a manner that litter will be prevented from being carried or deposited
by the elements upon any street, sidewalk or other public place or
upon any private property.
B.
The owner or person in control of any private property
shall at all times maintain the premises free of litter; provided,
however, that this section shall not prohibit the storage of litter
in authorized receptacles for collection.
No person shall throw or deposit litter on any
open or vacant private property within the Borough, whether owned
by such person or not.
A.
Notice to remove. The executive officer of the Board
of Health or his designated agent is hereby authorized and empowered
to notify the owner of any property within the Borough or the agent
of such owner to properly dispose of litter located on such owner's
property. Such notice shall be by certified mail addressed to such
owner at his last known address or may be by personal service upon
the owner or his agent.
B.
Action by Borough upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of written notice provided for in Subsection A above or within 10 days after the date of such notice in the event the same is returned to the Borough post office department because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the executive officer or his designated agent is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Borough.
C.
Charge included in tax bill. When the Borough has
effected the removal of such dangerous litter or has paid for its
removal, the actual cost thereof, plus accrued interest at the rate
of 8% per annum from the date of the completion of the work, if not
paid by such owner prior thereto, may be charged to the owner of such
property on the next regular tax bill forwarded to such owner by the
Borough, and such charge shall be due and payable by such owner at
the time of payment of such bill.
D.
Recorded statement constitutes lien. Where the full amount due the Borough is not paid by such owner within 10 days after the disposal of such litter, as provided for in Subsections A and B above, then, and in that case, the executive officer shall cause to be recorded in the Tax Collector's office of the Borough a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which such work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Such costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of 8% in the event same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
