[Adopted as Article 727 of the Codified Ordinances]
As used in this article, certain terms are defined as follows, unless the context clearly indicates otherwise:
AUTHORIZED RECEPTACLE
A litter storage and collection receptacle which is placed on the public right-of-way or on public property by City officials or by private persons who have received written permission from the City Engineer for the placement thereon and is made of a durable material constructed so as to prevent litter from being carried from it by the wind.
HOUSEHOLD OR COMMERCIAL REFUSE
Refers to all matter and materials which are discarded or rejected as offensive or useless by the owners or occupants of dwelling units or commercial and industrial establishments, and includes ashes, garbage, rubbish and other refuse materials.
LITTER
Includes but is not limited to all waste material, garbage, trash or other substances of any nature which, if thrown, scattered or deposited as herein prohibited, tend to injuriously affect public health, safety and welfare or tend to have a detrimental impact on the environment.
PERSON
Every natural person, firm, corporation, partnership, association or institution.
PRIVATE PROPERTY
Any land and the improvements thereon owned by any person, and includes front, side and rear yards; vacant lots, buildings and other structural improvement; walkways and alleyways; and parking areas.
PUBLIC RIGHT-OF-WAY
The total width of any land used, reserved or dedicated as a street, alley, driveway, sidewalk or utility easement, including curb and gutter areas.
No person shall throw, scatter, deposit or sweep litter into any public place, such as a street, sidewalk, park or playground, nor onto any private property, except in authorized receptacles.
Persons shall deposit litter in authorized receptacles and shall do so in such a manner as to prevent it from being carried or deposited by the wind upon any public street, sidewalk or other public place or upon private property, except that no person shall deposit household or commercial refuse in an authorized receptacle.
[Amended 8-22-2000 by Ord. No. 6-2000]
Any person owning or having charge of any private property shall cause its sidewalks, entranceways and all other portions of the property, including front, side and rear yards to be kept clean and free of litter and shall not deposit litter or refuse in the gutters along the property or on the public streets or highways in the City. Notwithstanding the foregoing, where streets are posted for street sweeping, leaves may be swept from the public sidewalk into the gutters on the day prior to or on the day of the sweeping, provided that the deposit of leaves therein shall be before the hour that a particular street is posted for street sweeping, but shall not be deposited in or on a storm sewer inlet. Leaves on private property, such as side and front yards, however, shall not be swept or deposited in the public right-of-way, but shall be disposed of properly by the property owner or the person responsible for the property.
[Amended 8-22-2000 by Ord. No. 6-2000; 9-14-2004 by Ord. No. 17-2004]
Responsibility for enforcement of this article and all other regulations of the City of Lancaster pertaining to litter on public and private property and in the public right-of-way shall rest with the Bureau of Police, the Department of Housing and Neighborhood Development and any other City department, official or employee appointed by the Mayor to enforce this article and all other litter regulations of the City, which shall have the authority to institute summary criminal proceedings as a means of enforcement of this article and shall have police powers in regard to all other City regulations pertaining to litter; provided, however, that the Department of Housing and Neighborhood Development and the departments, officials or employees appointed by the Mayor to enforce such regulations shall under no circumstances have the power of arrest.
[Amended 8-22-2000 by Ord. No. 6-2000]
Whoever violates any provision of this article shall, upon conviction thereof by summary proceedings, be fined not less than $100 nor more than $600 and costs of prosecution, including attorney's fees, for the first offense and not less than $200 nor more than $1,000 and costs of prosecution, including attorney's fees, for each succeeding offense; provided, however, that whoever violates § 258-24 shall, upon conviction thereof by summary proceedings, be fined not less than $200 nor more than $600 and costs of prosecution for the first offense and not less than $300 nor more than $1,000 and costs of prosecution for each succeeding offense. Upon default of payment of the fine imposed and the costs, the defendant may be imprisoned for not more than 30 days.