[HISTORY: Adopted by the Borough Council of the Borough of
Lansdowne as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-2-2004 by Ord. No. 1196]
The purpose and intent of this article is:
A.Â
To protect the people of Lansdowne 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.Â
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 terms, when used in this article, shall have the
meanings set forth below:
The Borough of Lansdowne, Delaware County, Pennsylvania.
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.
The leaving of rubbish or trash, as defined in this section,
on any private or public property without consent of the owner of
the property.
Any discarded rubbish or trash, as defined in this section,
and all other waste material which, if thrown or scattered about in
a careless manner or lying about in disorder as prohibited in this
section, is determined to be a nuisance to the safety, health, cleanliness
and comfort of the inhabitants of the Borough.
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.
Any dwelling, house, building, structure or vacant lot, whether
inhabited, occupied or temporarily or continuously uninhabited or
vacant, and shall include any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to any such dwelling,
house, building or other structure.
Any street, sidewalk, highway, alley or other public way
and any public park, square, space, ground or building.
Nonputrescible solid waste consisting of both combustible
and noncombustible wastes, such as paper, wrapping, cigarettes, cardboard,
cans, yard clippings, leaves, wood, glass, bottles, bedding, crockery
and similar items.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, food and other household waste, street cleaning,
dead animals, and solid and industrial waste, or any other form of
waste which causes danger to the health, safety and welfare of any
resident or business owner.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a street, including devices used
exclusively upon stationary rails or tracks.
For the purposes of this section, the word "shall" is always
mandatory and not merely directory.
No person shall throw, dump, deposit or allow to occur trash
or rubbish in or upon any street, sidewalk or other public place within
the Borough, except that litter may be thrown or deposited in public
receptacles or in authorized private receptacles for collection.
Persons placing litter in public receptacles or in private receptacles
shall do so in a manner as to prevent it from being carried or deposited
by the elements upon any street, sidewalk or other 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, lot, public or private sidewalk or driveway. Persons
owning, leasing or occupying private premises, including places of
business, shall keep the sidewalk 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
Borough or upon private premises.
No person shall drive or move any truck or other vehicle within
the Borough unless such vehicle is so constructed or loaded as to
prevent any load, contents or litter from being blown or deposited
upon any street or other public place within the Borough or upon private
premises.
No person shall drive or move any truck or other vehicle within
the Borough so that the wheels or tires of such vehicle carry onto
or deposit on any street, alley or other public place mud, dirt, sticky
substances or foreign matter of any kind.
No person shall throw dump, deposit or allow to occur 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 by this section.
No person shall throw, deposit or allow to occur litter in any
stream, creek, run or any other body of water within the Borough.
No person shall throw, deposit, dump or allow to occur litter
on any occupied private premises within the Borough, whether owned
by such person or not, except that the owner or person in control
of private premises may maintain authorized private receptacles for
the collection of litter 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 premises.
The owner or person in control of any private premises shall
at all times maintain the premises free of litter; provided, however,
that this section shall not be so construed as to prohibit the storage
of litter in authorized private receptacles for collection.
No person shall throw, dump, deposit or allow to occur litter
on any open or vacant property within the Borough, whether owned by
such person or not.
A.Â
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; provided, however, that any such
sign shall not exceed two square feet in area.
B.Â
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.
C.Â
Exemptions. The provisions of this § 216-15 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.
It shall be unlawful for any person, firm or corporation to
throw or deposit commercial handbills or noncommercial handbills in
or upon any sidewalk, street or other public place, or hand out, distribute
or sell any commercial handbills or place the same in or upon any
vehicle in any public place, provided that it shall not be unlawful
on any sidewalk, street or other public place to distribute, without
charge, any noncommercial handbill or commercial handbills to any
person willing to accept it.
A.Â
The Borough Manager or any Code Enforcement Officer is hereby authorized
and empowered to notify the owner and/or occupant of any open or vacant
private premises or any occupied or unoccupied private or business
premises within the Borough, or the agent of such owner or occupant,
to properly dispose of litter located on such property. Such notice
shall be by certified mail, addressed to said owner and/or occupant
at his last known address, or served personally by the Borough Manager
or any Code Enforcement Officer or his nominee upon such owner or
occupant.
B.Â
Upon failure, neglect or refusal of any owner or occupant so notified to properly dispose of litter within three days after receipt of the written notice provided for in Subsection A above, or three days after the date of such notice in the event that the same is returned unserved, the Borough Manager or any Code Enforcement Officer is hereby authorized and empowered to order the correction of such violation, using Borough funds or Borough personnel to accomplish such correction, and may charge the costs thereof to the violator. Collection of such costs by the Borough may be made by lien or otherwise as authorized by law.
Any person or entity violating any provision of this article shall, upon summary conviction before the Magisterial District Judge, pay a fine not to exceed $1,000 and costs of prosecution and may be sentenced to the county jail for a term of not more than 30 days. The exact amount of the fine may be determined by resolution of the Borough Council from time to time. Each day that a violation hereunder shall continue shall constitute a separate offense punishable by like fine or penalty. Such fines and penalties shall be collected as like fines and penalties are now by law collected. It shall not be necessary for the Borough to give notice pursuant to the provisions of § 216-17A above in order to obtain a conviction for any of the prohibited acts in this article.
[Adopted 2-5-2020 by Ord. No. 2020-01]
As used in this article, the following terms shall have the
meanings indicated:
A flexible nonporous bag made from materials such as rubber,
latex, polychloroprene or nylon fabric that can be inflated or filled
with fluid, such as helium, hydrogen, nitrous oxide, oxygen, air or
water and then sealed at the neck, usually used as a toy or decoration.
An individual, trust, firm, joint-stock company, corporation,
cooperative, partnership, or association.
A device that requires a flame which produces heated air
trapped in a balloon-type covering allowing the device to float in
the air. Sky lanterns shall not include hot-air balloons used for
transporting persons.
A.Â
No person shall deliberately release any large quantity of balloons
(20 or more) inflated with a gas that is lighter than air or any sky
lantern within the jurisdictional limits of Lansdowne Borough.
A.Â
Lansdowne Borough Police shall have the authority to enforce this
article. This article may be enforced through any lawful means in
law or in equity, including, but not limited to, noncriminal disposition.
B.Â
Any person or entity violating any provision of this article shall, upon summary conviction before the Magisterial District Judge, pay a fine not to exceed $1,000 and costs of prosecution and may be sentenced to the county jail for a term of not more than 30 days. The exact amount of the fine may be determined by resolution of the Borough Council from time to time. Each day that a violation hereunder shall continue shall constitute a separate offense punishable by like fine or penalty. Such fines and penalties shall be collected as like fines and penalties are now by law collected. It shall not be necessary for the Borough to give notice pursuant to the provisions of § 216-17A above in order to obtain a conviction for any of the prohibited acts in this article.
