Chapter 8.02
LITTER CONTROL
Sections:
8.02.020 Litter in public places.
8.02.030 Sidewalks to be kept free of litter.
8.02.040 Litter thrown by persons in vehicles.
8.02.050 Vehicle loads causing litter.
8.02.060 Sweeping litter into gutters.
8.02.070 Municipality’s removal of litter from private property.
8.02.080 Distribution of handbills at private premises.
8.02.010 Definitions.
A. "Ashes" means the solid waste products of coal, wood and other fuels used for heating and cooking, from all public and private establishments and from all residences.
B. "Garbage" means all putrescible wastes except sewage and body wastes, including vegetable wastes, but not including recognized industrial byproducts, and includes all such substances from all public and private establishments and residences.
C. "Litter" means garbage, refuse, rubbish, ashes and all other waste material which, if thrown or deposited as prohibited in this chapter, tends to create a danger or nuisance to public health, safety or welfare.
D. "Refuse" means garbage, rubbish, ashes, and all other putrescible and nonputrescible waste, except sewage, from all public and private establishments and residences.
E. "Rubbish" means all nonputrescible wastes including, but not limited to waste paper, boxes, debris, grass and leaves from all public and private establishments and residences, but does not include recognized industrial byproducts.
(Ord. 84-17 § 5 (part), Repealed & Replaced, 10/10/1984)
8.02.020 Litter in public places.
No person shall throw, deposit or sweep litter in or upon any street, gutter, sidewalk, body of water or other public place within the municipality except in authorized private or public receptacles for collection, or in disposal areas designated by the municipality. Persons placing litter in authorized private or public receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements.
(Ord. 11-16, Amended, 07/21/2011; Ord. 84-17 § 5 (part), Repealed & Replaced, 10/10/1984)
8.02.030 Sidewalks to be kept free of litter.
Persons owning or occupying property or places of business within the municipality shall keep the sidewalk in front of their premises free of litter.
(Ord. 11-16, Amended, 07/21/2011; Ord. 84-17 § 5 (part), Repealed & Replaced, 10/10/1984)
8.02.040 Litter thrown by persons in vehicles.
No person, while a driver or passenger in any vehicle in or above the municipality, shall throw or deposit litter, handbills, or any other object upon any street or other public place within the municipality, or upon private property.
(Ord. 11-16, Amended, 07/21/2011; Ord. 84-17 § 5 (part), Repealed & Replaced, 10/10/1984)
8.02.050 Vehicle loads causing litter.
A. No person shall drive or move any truck or other vehicle within the municipality unless such vehicle is so constructed and loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive or move any vehicle or truck within the municipality, the wheels or tires of which carry unto or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.
B. Any person in charge of operating any truck or other vehicle having knowledge of this truck or vehicle causing litter to be deposited within the municipality shall immediately take all necessary steps to cease such littering, and cause to be removed all litter which was deposited as a result of the operation of the truck or other vehicle which caused the littering.
C. Any person in charge of operating any truck or other vehicle having knowledge of this truck or other vehicle causing litter to be deposited within the municipality who is unable, for any reason except his personal injury, to immediately cease such littering and cause it to be removed, shall immediately report such littering to the borough manager or his designee. Removal of such litter may then, if deemed in the public interest, be performed by the municipality at the expense of the owner or operator of the truck or other vehicle causing the litter. Such removal or cleanup shall be to the satisfaction of the borough manager or his designee.
(Ord. 11-16, Amended, 07/21/2011; Ord. 84-17 § 5 (part), Repealed & Replaced, 10/10/1984)
8.02.060 Sweeping litter into gutters.
No person shall sweep into or deposit in any gutter, street or other public place within the municipality 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 the sidewalk adjoining their premises free of litter.
(Ord. 11-16, Amended, 07/21/2011; Ord. 84-17 § 5 (part), Repealed & Replaced, 10/10/1984)
8.02.070 Municipality’s removal of litter from private property.
A. Notice to Remove. The borough manager or his designee is authorized to notify the owner of any private property within the municipality, or the agent of such owner, to properly dispose of litter located on such owner’s property. Such notice shall be by certified mail or by hand delivery, addressed to the owner at his last known address as shown on the assessment rolls of the municipality.
B. Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter within ten (10) days after receipt of written notice provided for in subsection A, or within ten (10) days after the date of such notice in the event the same is returned to the municipality because of inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the agent designated by the municipality is authorized and empowered to pay for the collection and disposal of such litter or to order its disposal by the municipality.
C. Payment of Costs. When the municipality has removed the litter, or has paid for its removal, the actual cost plus accrued interest at the rate of ten percent (10%) per year 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 on the next regular utility or tax bill forwarded to the owner by the municipality, and the charge shall be due and payable by the owner at the time of payment of such bill.
(Ord. 11-22, Amended, 10/06/2011; Ord. 11-16, Amended, 07/21/2011; Ord. 84-17 § 5 (part), Repealed & Replaced, 10/10/1984)
8.02.080 Distribution of handbills at private premises.
A. No person shall distribute any handbill upon private premises if requested by anyone thereupon not to do so or if there is placed on the premises in a conspicuous position a sign indicating that the occupants of the premises do not desire to have their right of privacy disturbed or to have any such handbills left upon their premises without their consent.
B. If premises are not posted as provided in this section, a handbill may be placed therein, provided that the handbill is so deposited as to prevent it from being blown about the premises or any other private or public property. Mailboxes may not be used for this purpose when prohibited by federal postal law or regulations.
C. The provisions of this section shall not apply to the distribution of the U.S. mail or to newspapers, except that newspapers shall be placed upon private property in such a manner as to prevent their being carried or blown by the elements.
(Ord. 84-17 § 5 (part), Repealed & Replaced, 10/10/1984)
8.02.100 Penalty.
For violations of this chapter, refer to Chapter 1.20, General Penalty. Violations of this chapter are subject to civil fines established by resolution.
(Ord. 14-11, Amended, 06/19/2014; Ord. 84-17 § 5 (part), Repealed & Replaced, 10/10/1984)