Litter is defined as any unused or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including but not limited to, any bottle, jar or can, or any top, cap, or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match, or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, yard waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming, or manufacturing. The following are the ways that litter is controlled in the township:
- No person shall throw or deposit litter in or upon any
street, sidewalk, other public place within the Township, or in any other
place not specifically designated for the purpose of litter disposal.
- 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 the sidewalk in front of
their premises free from 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 the sidewalk 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 so as to
prevent any load, contents or litter from being blown or deposited upon any
street, alley or other public place.
- 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 persons responsible for its presence and properly
disposed of elsewhere as provided herein.
- No person shall throw or deposit litter in any fountain,
pond, stream, ditch or drainage easement or any other body of water within
- No person shall throw, place or deposit any commercial or
non-commercial or other handbill in or upon any vehicle.
- 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 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.
- The owner or person in control of any private property
shall at all times maintain the premises free of litter, refuse and rubbish.
Provided, however, that this section shall not prohibit the storage of
litter in authorized private receptacles for collection.
- At each shopping center located in the Township, there
shall be maintained at least one (1) litter receptacle per quarter mile or
portion thereof of building facade by the owner of the shopping center. In
addition, there shall be maintained litter receptacles at all of the
following public places: schools, government buildings, railroad and bus
stations, parks, construction sites, gasoline service station islands and
any special events to which the general public is invited including but not
limited to carnivals, services, sporting events and festivals. The
proprietors of said places or the sponsors of said events shall be
responsible for the provision and servicing of the receptacles.
No person shall place or cause to be placed
upon, delivered, deposited, thrown upon, left or abandoned within or
upon any private property or public place in the Township any garbage,
cans, bottles, cartons and other types of refuse or any handbills,
advertisements, brochures, flyers, shoppers or other unsolicited
commercial matter or commercial handbill, printed or otherwise, of every
kind or nature whatsoever.
a. Exceptions. The provisions of this
subsection shall not be applicable to the delivery of:
1. Mail, parcels or packages by and in
accordance with the rules of the United States Postal Service.
2. Parcels, packages and materials by
and in accordance with the rules of United Parcel Service and Railway
Express Agency or other utility licenses or governed for such purposes
and those delivered by vendors where ordered by or on behalf of the
owner or occupant of the recipient’s premises.
3. Newspapers and other publications
and periodicals that are solicited or subscribed to by the owner or
occupant of the recipient premises, provided that such material is
placed firmly in a receptacle designed for such purpose or is tightly
secured or packaged to prevent blowing or scattering upon the recipient
premises or adjacent areas.
4. Unsolicited and unsubscribed
newspapers, publications and other periodicals that are wholly or
partially of a commercial nature, provided that such material is placed
firmly in a receptacle designed for such purpose or is tightly secured
or packaged to prevent blowing or scattering upon the recipient premises
or adjacent areas.
5. Laundry, dry cleaning, dairy, bakery
and similar food products and commercial product samples, by agreement
with or invitation of the owner or occupant of the recipient premises.
6. Solicitation cards, brochures and
flyers by duly authorized, bonafide, non-profit charitable organizations
including, but not limited to, United Fund, American Red Cross,
Religious, Education, Medical, Police, Volunteer Fire and Ambulance
Organizations, provided that such material is tightly secured or
packaged and placed in such a manner as not to blow or scatter upon the
recipient premises or adjacent areas.
7. Non-commercial handbills of a
political or other nature whose distribution is protected by
constitutional rights of free speech, provided that such handbills are
tightly secured or packaged in such manner as not to blow or scatter
upon the recipient premises or adjacent areas.
b. Objection to Delivery of
Unsolicited Commercial Publications. The owner or occupant of any
property within the Township shall have the right, at any time, in
writing, either by certified mail or in person, to transmit to the local
office of the publisher and/or distributor of any unsolicited or
unsubscribed newspapers, publications or other periodicals that are
wholly or partially of a commercial nature, a notice of objection to the
continued delivery of such unsolicited and unsubscribed material. The
notice of objection shall clearly identify the property to which the
continued delivery of any such unsolicited or unsubscribed material as
objected. Any publisher and/or his distributor who receives notice of
objection shall comply with the notice within fourteen (14) days of
receipt of the notice and shall discontinue the deliver of the objected
to material to the property identified in the notice. The notice of
objection shall continue in effect until revoked and it shall be deemed
a violation of this subsection for any person, including but not limited
to a publisher and/or distributor to deliver, continue to deliver or
cause to be delivered any such unsolicited and unsubscribed materials to
the property of any objecting owner or occupant.
c. Separate Violations. Each
violation of the provisions of this subsection shall be deemed a
separate violation whether it shall occur on the same day or succeeding
d. Violations and Penalties. Any
person, firm or corporation violating any provisions of this subsection
shall be liable in the Municipal Court for fines as follows:
1. For the first violation, a fine of
not less than seventy-five ($75.00) dollars.
2. For a second violation, a fine of
not less than one hundred twenty-five ($125.00) dollars.
3. For a third violation, a fine of not
less than one hundred seventy-five ($175.00) dollars.
4. For each subsequent violation, within one year of the date of the
first violation, a fine of not less than two hundred fifty ($250.00)