[HISTORY: Adopted by the Board of Supervisors of the Township of
Middle Smithfield 8-25-1988 by Ord. No. 46. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Middle Smithfield
Township Anti-Litter Ordinance."
A.Â
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present tense include
the future, words used in the plural number include the singular number, and
words used in the singular number include the plural number. The word "shall"
is always mandatory and not merely directory.
B.Â
AIRCRAFT
AUTHORIZED PRIVATE RECEPTACLE
GARAGE
HANDBILLÂ
(1)Â
(2)Â
(3)Â
(4)Â
LITTER
NEWSPAPER
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
TOWNSHIP
VEHICLE
As used in this chapter, the following terms shall have
the meanings indicated:
Any contrivance now known or hereafter invented, used or designated
for navigation or for flight in the air. The word "aircraft" shall include
helicopters and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle as used by the citizens
of Middle Smithfield Township to convey litter to trash haulers for collection.
Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
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 literature which:
Advertises for sale any merchandise, product, commodity or thing; or
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; or
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 incident to such meeting, theatrical
performance, exhibition or event of any kind when either of the same is held,
given or takes place in connection with the dissemination of information which
is not restricted under the ordinary rules of decency, good morals, public
peace, safety and good order, provided that nothing contained in this clause
shall be deemed to authorize the holding, giving or taking place of any meeting,
theatrical performance, exhibition or event of any kind without a license,
where such license is or may be required by any law of this state or under
any ordinance of this township; or
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.
Garbage, refuse and rubbish, as defined herein, and all other waste
material, which, if thrown or deposited as herein prohibited, tends to create
a danger to public health, safety and welfare.
Any newspaper of general circulation as defined by general law, any
newspaper duly entered with the Post Office Department of the United States,
in accordance with federal statute or regulation, and any newspaper filed
and recorded with any recording officer as provided by general law, and, in
addition thereto, shall mean and include any periodical or current magazine
regularly published with not fewer than four issues per year, and sold to
the public.
A park, playground, recreation center or any other public area in
the township, owned or used by the township and devoted to active or passive
recreation.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
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.
Any and all streets, sidewalks, boulevards, alleys or other public
ways and any and all public parks, squares, spaces, grounds and buildings.
All putrescible and nonputrescible solid wastes (except body wastes),
including garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as paper wrappings, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery and similar materials.
The Township of Middle Smithfield, Monroe County, Pennsylvania.
Every device in, upon or by which any person or property is or may
be transported or drawn upon a highway, including devices used exclusively
upon stationary rail or tracks.
No person shall throw or deposit litter in or upon any street, sidewalk
or other public place within the township except in public receptacles or
in authorized private receptacles for collection.
A person placing litter in public receptacles or in authorized private
receptacles 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 township the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons owning
or occupying property shall keep any 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 township 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 township shall keep any 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 township or
upon private property.
No person shall drive or move any truck or other vehicle within the
township unless such vehicle is so constructed or loaded as to prevent any
load, contents or litter from being deposited upon any street, alley or other
public place, nor shall any person drive or move any vehicle or truck within
the township, the wheels or tires of which carry onto or deposit in any street,
alley or other public place, mud, dirt, sticky substances, litter or foreign
matter of any kind.
No person shall throw or deposit litter in any park within the township
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 shall throw or deposit litter in any fountain, pond, lake,
stream or any other body of water in a park or elsewhere within the township.
No person shall throw or deposit any handbill in or upon any sidewalk,
street or other public place within the township; provided, however, that
it shall not be unlawful on any sidewalk, street or other public place within
the township for any person to hand out or distribute, without charge to the
receiver thereof, any handbill to any person willing to accept it.
No person shall throw or deposit any handbill in or upon any vehicle;
provided, however, that it shall not be unlawful in any public place for a
person to hand out or distribute without charge to the receiver thereof a
handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any handbill in or upon any private
premises which are uninhabited or vacant.
No person shall throw, deposit or distribute any handbill upon any private
premises, if requested by anyone thereon not to do so, or if there is placed
on said premises in a conspicuous position near the entrance thereof a sign
bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisement"
or any similar notice, indicating in any manner that the occupants of said
premises do not desire to be molested or have their right of privacy disturbed
or to have any such handbills left upon such premises.
A.Â
No person shall throw, deposit or distribute any handbill
in or upon private premises which are inhabited, except by handing or transmitting
any such handbill directly to the owner, occupant or other person then present
in or upon such private premises; provided, however, that in case of inhabited
private premises which are not posted, as provided in this chapter, such person,
unless requested by anyone upon such premises not to do so, may place or deposit
any such handbill in or upon such inhabited private premises, if such handbill
is so placed or deposited as to secure or prevent such handbill from being
blown or drifted about such premises or sidewalks, streets or other public
places, and except that mailboxes may not be so used when so prohibited by
federal postal law or regulations.
B.Â
Exemption for mail and newspapers. The provisions of
this section shall not apply to the distribution of mail by the United States,
nor to newspapers (as defined herein).
No person in an aircraft shall throw out, drop or deposit within the
township any litter, handbill or any 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 or 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 occupied private property
within the township, 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 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; provided, however, that 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 township, whether owned by such person or not.
A.Â
Notice to remove. The Township Supervisors are hereby
authorized and empowered to notify the owner of any open or vacant private
property within the township or the agent of such property to dispose of litter
located on such owner's property which is dangerous to public health, safety
or welfare. Such notice shall be by registered mail, addressed to said owner
at the owner's last known address.
B.Â
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of written notice provided for in Subsection A above or within 10 days after the date of such notice in the event that the same is returned to the Township Supervisors because of inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Township Supervisors are hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the township.
C.Â
Charge for removal. When the township has effected the
removal of such dangerous litter or has paid for its removal, the actual cost
thereof, plus accrued interest at 6% per annum from the date of the completion
of the work, if not paid by such owner prior thereto, shall be charged to
the owner of such property and forwarded to said owner at the owner's last
known address by registered mail.
D.Â
Recorded statement constitutes lien. Where the full amount due the township is not paid by such owner within 10 days after the disposal of such litter, as provided for in Subsections A and B above, then, and in that case, the Township Supervisors shall cause to be recorded in the office of the Prothonotary of Monroe County, at Stroudsburg, Pennsylvania, a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Sworn statements recorded in accordance with all provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has 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.
In addition to any other remedy provided herein, any person who violates
or permits a violation of this chapter, upon being found liable therefor in
a civil enforcement proceeding, shall pay a fine of not more than $600, plus
all court costs, including reasonable attorney's fees, incurred by the township
in the enforcement of this chapter. No judgment shall be imposed until the
date of the determination of the violation by the District Justice and/or
Court. If the defendant neither pays nor timely appeals the judgment, the
township may enforce the judgment pursuant to the applicable rules of civil
procedure. Each day a violation exists shall constitute a separate offense.
Further, the appropriate officers or agents of the township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance herewith.
