[HISTORY: Adopted by the Board of Commissioners of the Township of
Lower Merion: Art. I, 6-16-1926 by Ord. No. 217;
Art. II, 8-7-1974 by Ord. No. 1728. Amendments
noted where applicable.]
[Adopted 6-16-1926 by Ord. No. 217]
It is hereby declared unlawful for any person, copartnership or corporation
to convey ashes, dirt, rubbish, garbage or any waste material or refuse of
any kind in any vehicle upon the public highways within the boundaries of
the Township of Lower Merion unless such vehicle shall be provided with a
cover which shall be of such material and shall be so secured upon such vehicle
as to prevent any such ashes, dirt, rubbish, garbage, waste material or refuse
from falling, spilling or dropping therefrom upon the public highways; and
it is hereby declared a nuisance to let fall, spill or drop any ashes, dirt,
rubbish, garbage, waste material or refuse upon any public highway within
said township.
[Amended 8-3-1988 by Ord. No. 3104]
Any person, copartnership or corporation violating the provisions of
this article shall forfeit and pay a fine or penalty in the sum of $600 for
each and every offense, to be collected as like penalties are now collectible
by law.
[Adopted 8-7-1974 by Ord. No. 1728]
To protect the people against the nuisance of and incident to the throwing
of trash and rubbish upon streets, public places and private lands, and of
the promiscuous distribution of unsubscribed commercial handbills and samples,
with the resulting detriment and danger to public health and safety, the public
interest, convenience and necessity requires the regulation thereof, and to
that end, the purposes of this article are specifically declared to be as
follows:
A.
To protect the people against the health and safety menace
and expense incident to the littering of the streets, public places and private
lands by the throwing of trash or rubbish of any kind thereon and by the promiscuous
and uncontrolled distribution of unsubscribed commercial handbills or samples.
B.
To protect the people against the alerting of would-be
burglars, larcenists, arsonists and other persons of criminal intent to the
temporary vacancy of any building by reason of accumulation of ungathered
unsubscribed commercial handbills or samples lying upon or attached to the
grounds or structures of any private property.
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Any printed or written matter, leaflet, pamphlet or any other printed
or otherwise reproduced literature or sample which advertises for sale any
merchandise, product, commodity or thing or which directs attention to any
business or mercantile establishment or which directs attention to or advertises
any meeting, theatrical performance or event of any kind for which an admission
fee is charged; and any printed or written matter 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.
Includes any newspaper of general circulation published or distributed
for profit, as defined by general law; any newspaper published or distributed
for profit, duly entered with the United States Postal Service in accordance
with federal statute or regulation; and any newspaper published or distributed
for profit, filed and recorded with any recording officer as provided by general
law; and, in addition thereto, includes any periodical or current magazine
regularly published and sold to the public.
Includes any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, unsubscribed newspaper or magazine, paper booklet
or any other printed or otherwise reproduced original or copies of any matter
or literature not included in the aforesaid definition of a commercial handbill,
or any commercial handbill, as previously defined, used for a charitable or
nonprofit purpose within the meaning of Section 501(c)3 of the Internal Revenue
Code.
No person, firm or corporation shall throw or cause to be thrown upon
any street or other public place or upon the land of another any garbage,
wastepaper, bottles, metal, sweepings, ashes, tin cans, nails, discarded or
soiled personal property or trash and rubbish of any kind, or interfere with,
scatter or disturb the contents of any receptacle containing garbage, ashes,
household waste or rubbish which has been placed upon any sidewalk or elsewhere
for the collection of the contents thereof.
It shall be unlawful for any person, firm or corporation to deposit,
fasten, place, throw, scatter or cast any unsubscribed commercial handbill
or sample, or cause the same to be done, upon any private premises if a sticker,
sign, poster or other device conspicuously lettered LEAVE NO UNSUBSCRIBED
MATERIALS is conspicuously posted on the front portion of the main dwelling
house of such premises or along the main entrance to such premises.
It shall be unlawful for any person, firm or corporation to deposit,
fasten, scatter or cast any unsubscribed commercial handbill or sample, or
cause the same to be done, which does not have conspicuously printed thereon
or therein the name and address of the person, firm or corporation who, in
the capacity of distributor, caused the same to be distributed.
The provisions of this article shall not be deemed to apply to any newspaper
or noncommercial handbill or sample, or to the distribution of mail by the
United States Postal Service, or to the distribution of any unsubscribed handbill
or sample upon private premises by handing or transmitting any such handbill
or sample directly to the owner or occupant of such premises.
[Amended 1-18-2006 by Ord. No. 3768]
The provisions of this article shall be enforced by the Police Department
of the Township of Lower Merion.
[Amended 8-3-1988 by Ord. No. 3104]
Any person who shall violate any provision of this article shall, upon
conviction thereof, be subject to a fine or penalty not exceeding $600 for
each and every offense. Such fines or penalties shall be collected as like
fines or penalties are now by law collected.
