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Does your community enforce Pennsylvania's
Anti-Littering Ordinance?
 The Pennsylvania Vehicle Code (75 Pa.C.S.A. §
3709) provides § 3709. Depositing waste and other material
on highway, property or waters.
(a) General rule -- No person shall throw or deposit, upon
any highway or upon any other public or private property without
the consent of the owner thereof or into or on the waters
of this Commonwealth, from a vehicle, any waste paper, sweepings,
ashes, household waste, glass, metal, refuse or rubbish, or
any dangerous or detrimental substance.
(b) Removal of deposited material --
(1) Any person who drops, or permits to be dropped or
thrown, upon any highway or upon any other public or private
property without the consent of the owner thereof or into
or on any waters of this Commonwealth, from a vehicle,
any waste paper, sweepings, ashes, household waste, glass,
metal, refuse or rubbish, or any dangerous or detrimental
substance shall immediately remove the same or cause it
to be removed.
(2) For the purposes of this subsection a "person
who permits to be dropped or thrown" from a vehicle
any of the items described in paragraph (1) shall include
the driver of the vehicle and the registrant of any vehicle
registered in this Commonwealth from which any of the
items are dropped or thrown, either by the registrant
or any person operating, in possession of or present within
the vehicle with the permission of the registrant, regardless
of the registrant's intent or lack of knowledge with respect
to the disposal of such items in violation of this section
where the registrant of the vehicle does not, with reasonable
certainty, identify the driver of the vehicle at the time
the violation occurred.
(c) Removal of material following accident -- Any person
removing a wrecked, damaged or disabled vehicle from a highway
shall remove from the highway or neutralize any glass, oil
or other injurious substance resulting from the accident
or disablement.
(d) Penalty -- Any person violating any of the provisions
of subsection (a) or (b) commits a summary offense and shall,
upon conviction, be sentenced to either or both of the following:
(1) To pay a fine of not more than:
(i) $900 for a violation which occurs in an easement
purchased under the program established by section 14.1
of the act of June 30, 1981 (P.L. 128, No. 43), >
[FN1] known as the Agricultural Area Security Law;
(ii) $600 for a violation which occurs in an agricultural
security area as defined in section 3 > [FN2] of
the Agricultural Area Security Law; or
(iii) $300 for a violation which occurs anywhere else.
(2) Except where infirmity or age or other circumstance
would create a hardship, be directed by the court in which
conviction is obtained to pick up and remove litter from
public property or private property, or both, with prior
permission of the legal owner. If the person has no prior
record of convictions for violation of this section, he
may be sentenced to pick up and remove litter for not less
than eight hours nor more than 16 hours. Upon a second conviction,
the person may be sentenced to pick up and remove litter
for not less than 16 hours and not more than 32 hours. Upon
third and subsequent convictions, he may be sentenced to
pick up and remove litter for not less than 40 hours and
not more than 80 hours. The court shall schedule the time
to be spent on such activities in such a manner that it
does not interfere with the person's employment and does
not interfere substantially with the person's family responsibilities
or religious obligations.
(e) Disposition of fines, etc -- Revenue from the collection
of fines and bail forfeitures in the course of enforcement
of this section shall be distributed in the following manner:
(1) One-half shall be distributed to the agency or local
government unit which brought the action to enforce this
section and may be used to defray the expenses of enforcing
this section, at the option of the agency or local government
unit.
(2) One-half shall be allocated to the department for Statewide
public education and awareness programs to promote litter
control and recycling and awareness of the provisions of
this section.

The Pennsylvania State Association of Township Supervisors website
contains a model ordinance for nuisance conditions and accumulation
of trash on property. Visit their website at: www.psats.org
The Pennsylvania Resources Council website contains a Sample
Litter Ordinance, and a wealth of other Anti-Litter Resources:
www.prc.org |
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