Chapter 25, Littering and Dumping

[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake 1-22-1968 by Ord. No. 9. Amendments noted where applicable.]

GENERAL REFERENCES
Brush, grass and weeds -- See Ch. 6.
Garbage, rubbish and refuse -- See Ch. 19.
Litter or debris on ice -- See Ch. 22.
Junkyards -- See Ch. 23.
Nuclear waste -- See Ch. 27.
Abandoned vehicles -- See Ch. 45.

§ 25-1. Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them as follows:
DUMPING -- Depositing, or suffering to be deposited, any discarded, unwanted or rejected materials or accumulation thereof of any kind, including but not limited to garbage, rubbish, refuse, waste building materials, appliances, furniture, inoperable vehicles or parts thereof.
INOPERABLE VEHICLE -- Any vehicle no longer intended for or in condition for use upon the public highways.
LITTER -- Any item of unwanted or carelessly discarded material, including but not limited to refuse, garbage, rubbish, trash, loose handbills, advertisements or other substances.
PERSON -- Any person or persons, partnership, association, company, firm or corporation.

§ 25-2. Littering public and private property.
A. No person shall throw or in any manner deposit, or suffer to be deposited, any litter in or upon any street, sidewalk, beach, park, body of water or other public or private property within the Borough.
B. No person shall throw or dump any dirt, rock or fill into any body of water within the Borough. [Added 10-7-1971]
C. Litter collection and storage areas; clean conditions. Every owner or occupant or lessee of a house or building used for residence, business or commercial purposes shall maintain litter collection and storage areas in a clean condition and ensure that all litter is properly containerized. Failure to so maintain clean litter conditions in storage areas shall constitute a violation. [Added 6-2-1981 by Ord. No. 8-81]

§ 25-3. Maintenance of premises and receptacles.
A. Persons depositing litter in authorized public or private collection receptacles shall do so in a manner so as to prevent such from being carried by the elements onto any street, sidewalk or other public or private property.
B. Neglected premises visible to the public. It shall be the duty of any person owning or controlling a house or other building or premises, including vacant lots, visible from any public place or private premises to maintain such premises in a reasonably clean and orderly manner and to a standard conforming to other orderly premises in that vicinity. It shall be a violation to abandon, neglect or disregard the condition or appearance of any premises so as to permit it to accumulate litter thereon. [Added 6-2-1981 by Ord. No. 8-81]
C. Areas around business premises; clean conditions. The owner or person in control of any public place, including but not limited to restaurants, shopping centers, fast-food outlets, stores, hotels, motels, industrial establishments, office buildings, apartment buildings, housing projects, gas stations and hospitals and clinics, shall at all times keep the premises clean of all litter and shall take measures, including daily clean up of the premises before 12:00 noon of each day to prevent litter from being carried by the elements to adjoining premises. It shall be a violation to abandon, neglect or disregard the condition or appearance of such premises so as to permit it to accumulate litter thereon. [Added 6-2-1981 by Ord. No. 8-81]
D. Construction sites; clean conditions. Property owners and prime contractors in charge of any construction site shall maintain the construction site in such a manner that litter will be prevented from being carried by the elements to adjoining premises. All litter from construction activities or any related activities shall be picked up at the end of each work day and placed in containers which will prevent litter from being carried by the elements to adjoining premises. [Added 6-2-1981 by Ord. No. 8-81]
E. Abandoned garbage containers. It shall be unlawful for any person who is in control of any premises upon which is located or on whose behalf there is maintained any container of refuse waste or garbage which has been containerized in accordance with a contract for its removal to allow that refuse, waste or garbage to remain uncollected beyond the date provided by the contract for its collection removal or, in any case, to allow the container to remain unemptied for longer than seven days or, in any case, until after that refuse, waste or garbage creates any condition which is offensive to persons upon any private premises or public place.
F. Neglected refuse containers. It shall be unlawful for any person who has contracted to collect and remove that refuse, waste or garbage described above to allow that refuse, waste or garbage as described above to remain uncollected beyond the date provided by the contract for its collection and removal or any place to allow that container to remain unemptied for longer than seven days or, in any case, until after that refuse, waste or garbage creates any condition which is offensive to persons upon any private premises or public place. [Added 6-2-1981 by Ord. No. 8-81]
G. Public places. Every owner, occupant, tenant or lessee using or occupying any public place shall provide adequate litter receptacles of sizes, number and types as required to contain all litter generated by those persons frequenting that public place. [Added 6-2-1981 by Ord. No. 8-81]
H. Parking lots. Any parking lot shall be equipped with receptacles in compliance with this section. [Added 6-2-1981 by Ord. No. 8-81]
I. Private premises. The owner or persons in control of private premises shall maintain litter receptacles for collection of litter, as necessary, in such a manner that litter will be prevented from being carried by the elements to adjoining premises. [Added 6-2-1981 by Ord. No. 8-81]
J. Periodic emptying of receptacles. All litter shall be removed periodically from litter receptacles as necessary to maintain their usefulness. [Added 6-2-1981 by Ord. No. 8-81]
K. Prevention of scattering. Persons placing litter in litter receptacles should do so in a manner as to prevent litter from being carried from the receptacles by the elements. [Added 6-2-1981 by Ord. No. 8-81]
L. Upsetting or tampering with receptacles. No person shall cause the removal, upsetting, mutilation, defacing or tampering with litter receptacles or cause the contents thereof to be spilled or to be strewn in or upon any public place or private premises. [Added 6-2-1981 by Ord. No. 8-81]
M. Litter receptacles obstructing traffic. Litter receptacles shall not be placed in any location where they may obstruct vehicular traffic or unreasonably obstruct pedestrian traffic. [Added 6-2-1981 by Ord. No. 8-81]
N. Exterior of litter receptacles. Litter receptacles located on public places shall be as reasonably aesthetic in appearance as possible. [Added 6-2-1981 by Ord. No. 8-81]

§ 25-4. Littering from vehicles.
A. No person, while in a vehicle, shall throw or deposit or suffer to be deposited any litter upon any public or private property within the Borough.
B. All vehicles used to transport loose materials shall be so constructed so as to prevent the escape of such materials onto any public or private property.
C. No vehicle shall be driven onto a public street while the tires thereof are likely to deposit mud or other foreign substances upon the street surface.

§ 25-5. Litter on or from private property.
A. No person, while in a vehicle, shall throw or deposit or suffer to be deposited any litter from private premises onto any public property.
B. No person shall deposit any materials on any private property in such a manner as to allow or cause litter therefrom to be carried onto any other private or public property.
C. All owners of private property are required to keep their property free of litter.

§ 25-6. Dumping.
No person shall use or permit the use of any public or private property within the Borough for dumping or as a sanitary landfill, except that the Council may, upon request and in its discretion, authorize the dumping for landfill purposes of noncombustible building material, such as stone, brick, mortar, concrete and other rubble, which are relatively free of combustible or organic wastes.

§ 25-7. Violation constitutes nuisance; abatement; noncompliance procedures.
The Council hereby declares that any property which contains an accumulation of litter or a dump of prohibited materials constitutes a nuisance. The Mayor is hereby authorized to serve notice in writing to the property owner thereof to abate the same or otherwise effect compliance within seven days after issuance of such notice. In the event of noncompliance within the time stated, the Borough may enter the premises and remove the same or otherwise effect compliance. The cost thereof, together with any additional payment authorized by law, may be collected by the Borough from such person in the manner provided by law.

§ 25-8. Violations and penalties.
A. Any person who shall violate any provision of this chapter shall, upon conviction thereof for each violation, be subject to a fine of not less than $10 nor more than $50, plus costs of prosecution. In default of the payment of such fine plus costs, such person shall be sentenced to the county jail for a period not exceeding 10 days.
B. Each day that such violation exists shall be considered to be a separate violation.