[HISTORY: Derived from Sec. 3-1 of the 1975 Code (Ord. No. 18-83). Amendments noted where applicable.]
For the purposes of this chapter, the following words shall have the following meanings:
BOROUGH
The Borough of Franklin.
ENFORCING AGENT
Any member of the Franklin Police Department or a duly designated official on behalf of the Franklin Police Department, including but not limited to the Zoning Officer, Health Inspector, Construction Official and/or Road Superintendent.
[Added 12-14-1993 by Ord. No. 20-93]
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, 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, newspapers, magazines, glass, metal, plastic or paper containers or other packing or construction material, but does not include the waste of the primary process of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
[Amended 10-10-2023 by Ord. No. 13-2023]
LITTER RECEPTACLE
A container suitable for the depositing of litter.
[Added 10-10-2023 by Ord. No. 13-2023]
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
[Amended 10-10-2023 by Ord. No. 13-2023]
PRIVATE PREMISES
Any dwelling house, building or other structure designed or used either wholly or in part for residential, commercial or industrial purposes, whether inhabited, uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling house, building or other structure.
PUBLIC PLACE
Any and all streets, roads, sidewalks, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible solid waste, except body waste, including garbage, rubbish, ashes, street cleanings, dead animals, dismantled automobiles and parts thereof, scrap metal, junk, machinery and solid market and industrial waste.
RUBBISH
Nonputrescible solid waste, consisting of both combustible and noncombustible wastes, such as papers, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, building materials and similar materials.
[Amended 10-10-2023 by Ord. No. 13-2023]
A. 
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
B. 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this chapter, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this chapter.
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 or contents of litter from being blown or deposited upon any street, alley or other public place.
No person shall sweep into or deposit in any gutter, street or other public place within the borough an 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 sidewalk in front of and adjoining their premises free of litter.
A. 
No person shall throw, deposit or store 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 and removal of the same.
B. 
Private litter receptacles shall have a tightly fitting cover and will be stored such that they cannot be viewed from public sidewalks, streets or other public places, except that such receptacles may be placed along the curb of roadways on days when refuse collection is scheduled. Such receptacles may be placed at the roadway the evening before the scheduled collection and emptied receptacles shall be removed by the evening after the collection.
A. 
Notice to remove. The zoning officer or his duly designated agent is authorized and empowered to notify the owner of private premises or vacant land or the tenant or agent of such owner of any violation of this chapter, require compliance therewith and order the proper disposal of litter located on such owner's property in violation of this chapter. Notice shall be by certified mail, return receipt requested, addressed to said property owner or his agent or tenant at his last known address or served personally upon said owner, tenant or agent.
B. 
Action upon noncompliance. Upon the failure, neglect or refusal or any owner, tenant or agent so notified to comply with the terms of this chapter and dispose properly said litter within 10 days after receipt of written notice specified in Subsection A of this section or within 10 days after the date of such notice in the event it is returned to the borough by the post office department because of inability to make delivery thereof, provided the notice was properly addressed to the last known address of the owner, tenant or agent, the Zoning Officer or his duly designated agent is authorized and empowered to pay for disposing of such litter or to order its disposal by the borough. Violation of § 168-7B with regard to the placement of receptacles along the curb for collection shall be corrected immediately upon notice and shall not be subject to the ten-day waiting period.
C. 
When the borough has effected the removal of litter or has paid for its removal, the actual cost thereof shall be charged to the owner or the property and be payable within 30 days from the date of the mailing of the bill therefor.
D. 
Where the full amount due the borough is not paid by the owner within 30 days after the disposal of such litter and the billing within 30 days after the disposal of such litter and the billing for said service as specified in Subsections A, B and C above, then and in that case, the Zoning Officer or his duly designated agent shall certify the cost thereof to the Mayor and Council which shall examine the certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, until final payment has been made. Such costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty at the same rate as in the case of taxes in the event they are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. The certification of the Zoning Officer or his designated agent in accordance with the provisions hereof shall be prima facie evidence that all legal requirements of this chapter have been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
[Amended 10-22-1991 by Ord. No. 26-91[1]]
Unless otherwise provided by law, any person who violates any provision of this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, General Provisions. A separate offense shall be deemed committed on each day on which a violation occurs or continues.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).