[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:
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.
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.
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.
Every natural person, firm, corporation, partnership, association
or institution.
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.
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.
No person shall throw, scatter or deposit litter
in any fountain, pond, lake, stream or any other body of water in
a park or elsewhere within the City.
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.
No person shall throw, scatter or deposit litter
from a vehicle upon any public street or other public place within
the City or upon private property.
No person shall throw, scatter or deposit litter
in any storm sewer inlet in the City.
No person shall throw, scatter or deposit glass
containers upon any public street or sidewalk or other public place
or on any private property.
[Amended 9-14-2004 by Ord. No. 17-2004]
No person shall place any commercial or noncommercial
handbill or other forms of written material in or upon any vehicle
parked in the public right-of-way or in municipally owned parking
lots or garages, including those of the Parking Authority of the City
of Lancaster.
[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.
