The following definitions shall apply in the interpretation of this
chapter:
AIRCRAFT
Any contrivance now known or hereafter invented, used or designed
for navigation or for flight in the air. The word "aircraft" shall include
helicopters and lighter-than-air dirigibles and balloons.
COMMERCIAL HANDBILL
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 literate which:
A.
Advertises for sale any merchandise, product, commodity or service.
B.
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.
C.
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 clause shall
not apply where an admission fee is charged or a collection is taken up for
the purpose of defraying the expenses incidental to any meeting, theatrical
performance, exhibition or event of any kind.
GARBAGE
Any animal and vegetable wastes resulting from the handling, preparation,
cooking and consumption of food.
LITTER
Any substance or waste material which has been discarded, whether
made of aluminum, glass, plastic, rubber, paper or any natural or synthetic
material, or any combination hereof, 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, newspaper, magazines, glass, metal, plastic or paper containers
or other packaging or construction material, but does not include the waste
of the primary purposes of mining or other extracting processes, logging,
sawmilling, farming or manufacturing.
NEWSPAPER
Any newspaper of general circulation, whether the same is paid or
free, or whether it is primarily designed to report the news or as a form
of commercial advertising, which is either delivered locally or through mails.
It is intended that this definition of "newspaper" be given a broad interpretation
to cover all local, regional, statewide or national newspapers.
NONCOMMERCIAL HANDBILL
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."
PARK
Any park, reservation, playground, beach, recreation center or any
other public area in the Borough, owned or used by the Borough and devoted
to active or passive recreation.
PERSON
Any natural person, firm, partnership, association, corporation,
company, public utility or organization of any kind.
PRIVATE PREMISES
Any dwelling, house, building or other structure designed or used
either wholly 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.
PRIVATE PROPERTY
Any privately owned or occupied lands or premises, including property
owned or occupied by any public utility.
PUBLIC PLACE
Any and all streets, sidewalks, alleys or other public ways, and
all public parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes, except body wastes,
including garbage, rubbish, street cleanings, dead animals, abandoned automobiles
and solid market and industrial wastes, specifically including abandoned furniture
and household equipment and scrap building materials.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, clippings,
leaves, wood, glass, bedding, crockery and similar materials.
No person shall leave, throw, store or deposit litter in or upon any
street, sidewalk or other public place within the Borough except in public
receptacles or in authorized private receptacles for collection.
Persons placing litter in public receptacles or in private authorized
commercial, residential or industrial receptacles and solid waste disposal
bins 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.
No person shall sweep into or deposit in any gutter, street 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. Nothing herein
shall prevent the sweeping of leaves into the street during the periods officially
designated as periods for the collection of such leaves, if any. Persons owning
or occupying property shall keep the sidewalk in front of their premises free
of litter.
No person owning or occupying a place of business shall sweep into or
deposit in any gutter, street 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
private property.
No person shall throw or deposit litter in any park 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 or other public place. Where public receptacles
are not provided, all such litter shall be carried away from the park by the
person responsible for its presence and properly disposed of elsewhere, as
provided herein.
No person in any aircraft shall throw out, drop or deposit within the
Borough any litter, handbill or 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 lamp post, public
utility pole, shade tree or upon any public structure or building, except
as may be authorized or required by law.
No person shall throw or deposit litter on any 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.
The owner or person in control of any private property shall at all
times maintain the premises free of litter. This section shall not prohibit
the storage of litter in authorized private 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.
It shall be the duty, severally and equally, of the owner, lessee, tenant,
occupant or person in charge of any structure to keep and cause to be kept
the sidewalk, curb and gutter abutting the structure free from obstruction
or nuisances of every kind and to keep sidewalks, areaways, backyards, courts
and alleys free from litter. No person shall sweep into or deposit into any
gutter, street, catch basin or other public place any accumulation of litter
from any public or private sidewalk or driveway. Every person who owns or
occupies property shall keep the sidewalk, curb and gutter in front and in
rear of his or her premises free from litter. All sweepings shall be collected
and properly containerized for disposal.
It shall be unlawful for any owner, agent or contractor in charge of
a construction or demolition site to permit the accumulation of litter before,
during or after completion of any construction or demolition project. It shall
be the duty of the owner, agent or contractor in charge of a construction
site to furnish containers adequate to accommodate debris or trash at construction
areas and to maintain and empty the receptacles in such a manner and with
such frequency as to prevent spillage of refuse.
Any person who shall violate any of the provisions or regulations of
this chapter shall, upon conviction, be punished as provided within the Borough
ordinance.
A. Said penalties shall be as follows:
(1) First offense: a fine of up to $200.
(2) Second offense: a fine of up to $500.
(3) Third and subsequent offenses: a fine of $500, plus community
service or other penalty deemed just by the Municipal Court Judge.
B. Each day that such violation continues shall constitute a separate
offense.