Chapter 9.16
LITTERING
Sections:
9.16.020 Deposit in public places.
9.16.030 Maintaining sidewalks free of litter.
9.16.040 Deposit from vehicles prohibited.
9.16.050 Operating litter-generating vehicles prohibited.
9.16.060 Deposit on private property prohibited.
9.16.070 Property owner’s responsibility to maintain premises.
9.16.080 Handbills – Restrictions generally.
9.16.090 Handbills – Distribution on private property.
9.16.100 Posting notices prohibited.
9.16.110 Notice to abate – Removal by borough.
9.16.120 Penalty for violation.
9.16.010 Defined.
“Litter” means “garbage,” “refuse,” and “rubbish” as defined in WMC 15.18.010 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 and welfare. [Ord. 205 § 5, 1967; prior code § 42.50.005.]
9.16.020 Deposit 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 borough except in authorized private or public receptacles for collection or in disposal areas designated by the borough. 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. 205 § 5, 1967; prior code § 42.50.010.]
9.16.030 Maintaining sidewalks free of litter.
Persons owning or occupying property or places of business within the borough shall keep the sidewalk in front of their premises free of litter. [Ord. 205 § 5, 1967; prior code § 42.50.015.]
9.16.040 Deposit from vehicles prohibited.
No person while a driver or passenger in any vehicle in or above the borough shall throw or deposit litter, handbills, or any other object upon any street or other public place within the borough or upon private property. [Ord. 205 § 5, 1967; prior code § 42.50.020.]
9.16.050 Operating litter-generating vehicles prohibited.
No person shall operate any vehicle within or above the borough from which litter falls or is blown or from the tires of which dirt, mud or litter or other foreign substance falls or is deposited. [Ord. 205 § 5, 1967; prior code § 42.50.025.]
9.16.060 Deposit on private property prohibited.
No person shall deposit litter on any occupied or vacant private property within the borough whether owned by the person or not except that the owner or person in control of private property may maintain authorized private receptacles for collection. [Ord. 205 § 5, 1967; prior code § 42.50.030.]
9.16.070 Property owner’s responsibility to maintain premises.
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 storage of litter in authorized private receptacles for collection. [Ord. 205 § 5, 1967; prior code § 42.50.035.]
9.16.080 Handbills – Restrictions generally.
No person shall throw or deposit any handbills in or upon any sidewalk, street or other public place within the borough or in or upon any vehicle or vacant private premises nor shall any person hand out or distribute or sell any commercial handbill in any public place except that it shall not be unlawful to hand out or distribute without charge any noncommercial handbill to any person willing to accept it. [Ord. 205 § 5, 1967; prior code § 42.50.040.]
9.16.090 Handbills – Distribution on private property.
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 the premises is not posted as provided in subsection (A) of 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; and provided, that mail boxes may not be so used when prohibited by federal postal law or regulations.
C. The provisions of this section shall not apply to the distribution of mail by the United States 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. 205 § 5, 1967; prior code § 42.50.045.]
9.16.100 Posting notices prohibited.
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamppost, public utility pole or tree or upon any public structure or building except as may be authorized or required by law. [Ord. 205 § 5, 1967; prior code § 42.50.050.]
9.16.110 Notice to abate – Removal by borough.
A. The borough engineer or any other employee or agent designated by the borough is authorized to notify the owner of property within the borough, or the owner’s agent, to dispose properly of litter located on the owner’s property which is or may become offensive, noxious or dangerous to the public health, safety or welfare. The notice shall be by registered mail addressed to the owner at his last known address.
B. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of such litter after written notice as provided in subsection (A) of this section or within 10 days after the date of the notice in the event the same is returned to the post office department because of its inability to make delivery, provided such notice was properly addressed, the borough engineer is authorized and empowered to pay for the disposing of such litter or to order its disposal by the borough.
C. When the borough has effected the removal of such litter or has paid for its removal, the actual cost thereof plus accrued interest at the rate of six percent per year from the date of the completion of the work, if not paid by the owner prior thereto, shall be charged to the owner of the property on the next regular tax bill forwarded to the owner by the borough and the charge shall be due and payable by the owner at the time of payment of the bill. [Ord. 205 § 5, 1967; prior code § 42.50.055.]
9.16.120 Penalty for violation.
Any person violating any provision of this chapter is guilty of an infraction and shall be punished by the fine established in the WMC 1.20.050 fine schedule if the offense is listed in that fine schedule or by a fine of up to $500.00 if the offense is not listed in the WMC 1.20.050 fine schedule. [Ord. 909 § 4, 2015.]