Part 5
Littering
§6-501 Definitions and Word Usage.
1. Word Usage. 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.
2. Definitions. As used in this Part, the following terms have the meanings indicated:
Aircraft–any contrivance now known or hereafter invented, used or designed for navigation or for flight in the air. The word “aircraft” shall include helicopters and lighter-than-air dirigibles and balloons.
Authorized private receptacle–a litter storage and collection receptacle as required and authorized in the Solid Waste Chapter [Chapter 20].
Borough–the Borough of Selinsgrove.
Commercial handbill–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 or literature:
(1) Which advertises for sale any merchandise, product, commodity or thing.
(2) Which 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.
(3) Which 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 subsection 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. Nothing contained in this subsection 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 Borough.
(4) 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.
Garbage–putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
Litter–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.
Newspaper–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 recording officer as provided by general law; and, in addition thereto, includes any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
Noncommercial handbill–any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed or otherwise reproduced original or copies of any matter or literature not included in the aforesaid definitions of “commercial handbill” or “newspaper.”
Park–a park, reservation, playground, beach, recreation center or any other public area in the Borough, owned or used by the Borough and devoted to active or passive recreation.
Person–any person, firm, partnership, association, corporation, company or organization of any kind.
Private premises–any dwelling, house, building or other structure designed to be used wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walks, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
Public place–any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings.
Refuse–all putrescible and non-putrescible solid wastes, except body waste, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
Rubbish–non-putrescible solid wastes consisting of both combustible and noncombustible waste, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
Vehicle–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 rails or tracks.
(Ord. 434, 10/4/1976, §95-1)
§6-502 Litter in Public Places.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Borough, except in public receptacles, in authorized private receptacles for collection or in official Borough dumps.
(Ord. 434, 10/4/1976, §95-2)
§6-503 Manner of Placing Litter in Receptacles.
Persons 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.
(Ord. 434, 10/4/1976, §95-3)
§6-504 Sweeping Litter into Gutters.
No person shall sweep into or deposit in any gutter, street or other public place within the Borough the accumulation of litter from a building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
(Ord. 434, 10/4/1976, §95-4)
§6-505 Duties of Merchants.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Borough 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 Borough shall keep the sidewalk in front of their business premises free of litter.
(Ord. 434, 10/4/1976, §95-5; as amended by Ord. 825, 10/3/2016, §5(B))
§6-506 Litter Thrown from Vehicles.
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 property.
(Ord. 434, 10/4/1976, §95-6)
§6-507 Trucks Causing Litter.
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, alley or other public place. Nor shall any person drive or move any vehicle or truck within the Borough, the wheels or tires of which carry onto or deposit in any street, alley or other public place mud, dirt, sticky substance, litter or foreign matter of any kind.
(Ord. 434, 10/4/1976, §95-7)
§6-508 Litter in Parks.
No person shall throw or deposit 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 herein.
(Ord. 434, 10/4/1976, §95-8)
§6-509 Litter in Waters.
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the Borough.
(Ord. 434, 10/4/1976, §95-9)
§6-510 Distributing Handbills in Public Places.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Borough. Nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the Borough for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
(Ord. 434, 10/4/1976, §95-10)
§6-511 Placing Handbills in or upon Vehicles.
No person shall throw or deposit any commercial or noncommercial 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 noncommercial handbill to any occupant of a vehicle who is willing to accept it.
(Ord. 434, 10/4/1976, §95-11)
§6-512 Depositing Handbills on Vacant Premises.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
(Ord. 434, 10/4/1976, §95-12)
§6-513 Distributing Handbills on Posted Property.
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any 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,” or “No Advertisements” 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.
(Ord. 434, 10/4/1976, §95-13)
§6-514 Distributing Handbills at Private Premises.
1. No person shall throw, deposit or distribute any commercial or noncommercial 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 Part, 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.
2. Exemption for Mail and Newspapers. The provisions of this Section shall not apply to the distribution of mail by the United States or to newspapers, as defined herein, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
(Ord. 434, 10/4/1976, §95-14)
§6-515 Dropping Litter from Aircraft.
No person in an aircraft shall throw out, drop or deposit within the Borough any litter, handbill or any other object.
(Ord. 434, 10/4/1976, §95-15)
§6-516 Posting Notices.
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 or shade tree or upon any public structure or building, except as may be authorized or required by law.
(Ord. 434, 10/4/1976, §95-16)
§6-517 Litter on Occupied Private Property.
No person shall throw or deposit litter on any occupied 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 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 property.
(Ord. 434, 10/4/1976, §95-17)
§6-518 Duty of Owner of 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 the storage of litter in authorized private receptacles for collection.
(Ord. 434, 10/4/1976, §95-18)
§6-519 Litter on Vacant Lots.
No person shall throw or deposit litter on any open or vacant private property within the Borough, whether owned by such person or not.
(Ord. 434, 10/4/1976, §95-19)
§6-520 Removal of Litter by Borough; Costs.
1. Notice to Remove. The Borough of Selinsgrove is hereby authorized and empowered to notify the owner of any open or vacant private property within the Borough, or the agent of such owner, to properly dispose of litter located on such owner’s property which is dangerous to public health, safety or welfare. Such notice shall be by certified mail, addressed to said owner at his last known address.
2. 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 5 days after receipt of written notice provided for in subsection .1 above, or within 5 days after the date of such notice, in the event the same is returned to the Borough Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the Borough of Selinsgrove is hereby authorized and empowered to pay for the disposal of such litter or to order its disposal by the Borough.
3. Charges to Property Owners. When the Borough has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of 6 percent 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.
4. Recorded Statement Constitutes Lien. Where the full amount due the Borough is not paid by such owner within 30 days after the disposal of such litter, as provided for in subsections .1 and .2 above, then and in that case the Borough of Selinsgrove shall cause to be recorded in the office of the Prothonotary of Snyder County a sworn statement showing the cost and expenses 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 from the date of completion of the work, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law. The lien, recorded in accordance with the 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 by law.
(Ord. 434, 10/4/1976, §95-20)
§6-521 Violations and Penalties.
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $25 nor more than $1,000 plus costs and reasonable attorney fees incurred by the Borough in the enforcement proceeding and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.
(Ord. 434, 10/4/1976, §95-21; as amended by Ord. 825, 10/3/2016, §5(B))