[HISTORY: Adopted by the Board of Commissioners of the Township of
Upper Pottsgrove 7-26-1971 by Ord. No. 49 (Ch. 6, Part 2, of the 1993 Code).
Amendments noted where applicable.]
For the purpose of this chapter, the following words shall have the
following meanings:
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
materials which, if thrown or deposited as herein prohibited, tends to create
a danger to public health, safety and welfare.
All putrescible and nonputrescible solid wastes (except body wastes),
including garbage, rubbish, ashes, street cleaning, 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, glass,
bedding, crockery and similar materials.
No person shall sweep, throw or deposit litter in or upon any occupied,
open or vacant property, whether owned by such person or not, or in or upon
any street, sidewalks, park or other public place, or any pond, lake, stream
or other body of water within Upper Pottsgrove Township, except in public
receptacles or private receptacles for collection, or in a properly authorized
dump. Persons placing litter in public receptacles or in private receptacles
for collection shall do so in such 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.
No person, including merchants owning or occupying a place of business,
shall sweep into or deposit in any gutter, street or other public place within
Upper Pottsgrove Township 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 sidewalks and gutters in front of their
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 Township,
or upon private property.
No person shall drive any truck or other vehicle within the Township
unless the vehicle is so constructed or loaded as to prevent any load, contents
or litter from being blown or deposited upon any street, alley or other public
place.
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 private receptacles for collection.
A.
The Commissioners of Upper Pottsgrove Township, their agents
or employees are authorized and empowered to notify the owner, lessee or other
person occupying or in control of property within the Township, or the agent
of such person, to properly dispose of litter located on such property. The
notice shall be by mail addressed to the aforementioned person at his last
known address.
B.
If such person so notified refuses to comply with the notice
within 48 hours, the Commissioners of Upper Pottsgrove Township may remove
and dispose of such litter. The expense of removal and disposal shall be paid
by the owner, lessee or other person occupying or in control of said property
and shall be a lien upon the land for which a lien may be filed by the Board
of Commissioners, in the name of the Township, in the Court of Common Pleas
of Montgomery County within six moths from the date of the completion of the
work of removal and disposal, subject to the same proceedings for entry and
revival of judgment and execution as are provided by law for other municipal
liens.
C.
The Commissioners of Upper Pottsgrove Township may also maintain
an action against such owner or occupant in the name of the Township to recover
the amount of such expense in the same way as debts of like amount are by
law recoverable, and the same, when recovered either by enforcement of lien
or by personal action, shall be paid to the Township Treasurer to be held
and used for Township purposes.
[Amended 3-8-1993 by Ord. No. 243]
Any person who shall violate any provision of this chapter shall, upon
conviction thereof, be sentenced to pay a fine not exceeding $600 and costs
and, in default of payment thereof, shall be subject to imprisonment for a
term not to exceed 30 days. Each day that a violation of this chapter continues
shall constitute a separate offense.
