§ 10-714. Owner to Maintain Premises Free of Litter.

   (1)   The owner or persons in control of any private premises 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.

   (2)   Private business receptacles shall at all times be maintained in such a manner as to keep the public areas adjacent to the private premises free of litter. 193

 

Notes

193	Added, 1983 Ordinances, p. 504.

§ 10-715. Litter on Vacant Lots.

   (1)   No person shall throw or deposit litter on any open or vacant private lots or premises whether owned by such person or not.

§ 10-716. Clearing of Litter from Open Private Premises by City.

   (1)   Notice to Remove. The Department of Licenses and Inspections is authorized and empowered to notify the owner of any open or vacant private premises, or the agent of such owner, to remove and dispose of litter located on such premises. Such notice shall be sufficient if mailed to the owner at his last known address.

   (2)   Action Upon Non-Compliance. Upon the failure, neglect or refusal of any owner or agent to dispose of litter within 10 days after the mailing of the notice provided for in subsection (1) above, the Department of Licenses and Inspections is authorized and empowered, itself or by contract, to dispose of the litter.

   (3)   Cost to be Charged to Property Owner. When the Department of Licenses and Inspections has effected the removal of such litter, the cost thereof shall be charged to the owner of the property. Legal interest shall be charged if the amount due the City is not paid within thirty (30) days from the date the bill is rendered.

   (4)   Recorded Statement Constitutes Lien. Where the amount due the City is not paid by the owner within thirty (30) days after a bill for the removal of the litter is rendered, a lien shall be recorded against the property for the cost of removal, in the manner now provided by law.

§ 10-717. Collection of Municipal Waste and Recyclable Materials. 194

   (1)   Except as otherwise permitted in the Code, no person shall place Municipal Waste or Recyclable Materials in the right-of-way or at a pick-up location for City collection except pursuant to collection regulations established by the Department, which regulations may include provisions pertaining to:

      (a)   designated collectible Municipal Waste materials;

      (b)   the separation of Recyclable Materials from Municipal Waste;

      (c)   designated Recyclable Materials, including, but not limited to paper (including mixed paper and office paper), plastic bottles and containers, aluminum, steel and bi-metallic cans, corrugated cardboard, glass bottles and jars, and leaves;

      (d)   approved containers;

      (e)   limits on quantities;

      (f)   weights of containers;

      (g)   dates and times for set-out; and

      (h)   such other areas of regulation as the Department shall deem necessary.

   (2)   All owners and persons in control of any premises shall separate out any designated Recyclable Materials from Municipal Waste set out for City collection.

   (3)   Private Collection. Every Operator of Regulated Premises not eligible for collection pursuant to this Chapter or the regulations adopted hereunder, and every Operator of Regulated Premises eligible for City collection services but for which City collection is not used, shall contract with one or more private haulers for the collection of Municipal Waste and Recyclable Materials in accordance with this Code.

 

Notes

194	Former Section repealed and new Section added, 1987 Ordinances, p. 683; former Section repealed and new Section added, Bill No. 150748 (approved December 23, 2015).

§ 10-717.1. Eligibility for Municipal Collection and Fees for Neighborhood Sanitation and Cleaning Services. 195

   (1)   Residential dwellings of the following types shall be eligible for regular City refuse, recycling and bulk item collection:

      (a)   buildings with six or less occupied units;

      (b)   condominium (as defined in 68 Pa. C.S. § 3103); and

      (c)   cooperatives (as defined in 68 Pa. C.S. § 4103).

   (2)   There is hereby imposed on all owners of residential or commercial properties eligible for City curbside waste collection an annual fee of five hundred dollars ($500) per property for neighborhood sanitation and cleaning services, including the collection of refuse, waste and recyclable materials and related cleaning services. Upon a determination by the Department that costs of neighborhood sanitation and cleaning services justify an increase in the fee, the Department may increase the fee, as appropriate, by regulation.  196

   Exemptions: The following are exempt from the fee: 197

      (a)   Collection from single-family dwellings;

      (b)   Collection from condominiums and cooperatives, as defined in subsection (1);

      (c)   Collection from a property in connection with which the property owner demonstrates, to the satisfaction of the Department, that it has in place one or more private waste hauling contracts that provide for collection of the refuse, waste and recyclable materials generated at the property;

      (d)   Collection from a duplex (two-family dwelling) in connection with which the property owner demonstrates, to the satisfaction of the Department, that the owner resides in one of the living units. 198

   (3)   The Department may establish regulations to implement this Section, including regulations establishing additional eligibility for curbside collection and regulations providing for interest and penalties for late payment and non-payment.

   (4)   The provision of false information to the City in an effort to demonstrate private service shall (a) constitute a violation and subject the property owner to penalties as set forth in this Chapter; and (b) make the property owner liable for the annual fee.

 

Notes

195	Added, Bill No. 010659 (approved September 12, 2002). Section 2 of Bill No. 010659 provides: "This Ordinance shall take effect after the promulgation of regulations by the Streets Department, but no later than sixty (60) days from the date of enactment or the beginning of the 2003 Fiscal Year, whichever is earlier." Amended, Bill No. 090780 (approved December 16, 2009), effective January 1, 2010; amended, Bill No. 100131 (approved June 1, 2010), effective July 1, 2010.
196	Amended, Bill No. 220190 (approved May 9, 2022).
197	Amended, Bill No. 130635-A (approved November 13, 2013), effective January 1, 2015; amended, Bill No. 220190 (approved May 9, 2022).
198	Added, Bill No. 130635-A (approved November 13, 2013), effective January 1, 2015; amended, Bill No. 220190 (approved May 9, 2022).

§ 10-718. Enforcement. 199

   (1)   For the purposes of enforcing the provisions of this Chapter, notice of violation under Section 1-112 shall be issued by police officers, authorized inspectors within the Department or the Department of Licenses and Inspections, authorized third-party administrators, or any other person authorized to enforce ordinances; provided that, for purposes of subsection 1-112(3), the required amount to be remitted shall be fifty dollars ($50), except as follows:  200

      (a)   For violations of Section 10-711 (Handbills on Vehicles), Section 10-723 (Handbills on Sidewalks, Streets and Private Property), Section 10-723.1 (Removing Handbills), or Section 10-723.2 (Distribution of Handbills): one hundred dollars ($100);

      (b)   For violations of Section 10-702 (Litter in Public Places), subsection 10-703(2) (Placing Household Refuse in a Public Receptacle), or Section 10-722 (Use of Dumpsters): one hundred fifty dollars ($150); and

      (c)   For violations of Section 10-710: no stipulated payment shall be allowed.

   (2)   The Department may by regulation provide for stipulated amounts other than those provided in subsections (1)(a) and (b).

   (3)   Whenever a police officer has probable cause to believe a vehicle was or is being used to violate subsection 10-710(2), the officer may seize the vehicle. 201

   (4)   Whenever a third party administrator has probable cause to believe a vehicle was or is being used to violate subsection 10-710(2), the administrator may boot and/or tow the vehicle.  202

 

Notes

199	Amended, 1981 Ordinances, p. 367; amended, 1993 Ordinances, p. 1014; amended, Bill No. 150748 (approved December 23, 2015).
200	Amended, 1Bill No. 220243 (approved September 13, 2022).
201	Added, Bill No. 041070 (approved May 4, 2005).
202	Added, 1Bill No. 220243 (approved September 13, 2022).

§ 10-719. Penalties. 203

   (1)   The penalty for violation of any provision of this Chapter, except Section 10-710, Section 10-722, or Section 10-717.1 shall be a fine of one thousand dollars ($1,000) for each violation. The penalty for a violation of Section 10-717.1 of this Chapter shall be a fine of five hundred dollars ($500). 204

   (2)   The penalty for violation of subsection 10-710(1) of this Chapter shall be: 205

      (a)   a minimum fine of two thousand dollars ($2,000) per offense and, if authorized by the General Assembly, a maximum fine of twenty-five thousand dollars ($25,000) per offense.

      (b)   such equitable remedy as the court may deem proper, including, without limitation, an order to clean up the location at which the violator dumped trash, garbage or debris or to clean up other sites where short dumping has occurred. 206

   (3)   In addition to the liability of a property owner for a cleanup of trash, debris and waste on the owner's property, a violator of any provision of Section 10-710 (Dumping of Debris and Short Dumping) shall be jointly liable for all costs incurred by the City for cleanup where a violation has occurred. Legal interest shall accrue for any amount not paid within thirty (30) days from the date a bill for costs incurred is provided to the violator. 207

   (4)   The penalty for violation of subsection 10-710(2) shall be:

      (a)   a fine of up to five thousand dollars ($5,000);

      (b)   the forfeiture of any property, including any vehicle, used to violate subsection 10-710(2), regardless of the value of that property, pursuant to the procedures set forth in 42 Pa. C.S. § 5805, with the City and the City Solicitor substituted for the Commonwealth, the Attorney General and District Attorney, as appropriate; and 208

      (c)   such equitable remedy as the court may deem proper, including, without limitation, an order to clean up the location at which the violator dumped trash, garbage or debris or to clean up other sites where short dumping has occurred or to pay the costs of cleanup. 209

   (4.1)   The Department of Licenses and Inspections may revoke the commercial activity license of any person, for a period not to exceed one year, for a violation of subsection 10-710(2). In making a determination regarding whether and for how long to revoke, the Department shall consider the recommendation of the enforcing agency, the willfulness of the violation and any past violations. 210

   (4.2)   No person or entity that has been determined to have violated subsection 10-710(2) shall be eligible to receive any City contract. 211

   (5)   Upon imposition of a fine or penalty against any person for violation of subsection 10-710(2), the Police Department shall notify the Pennsylvania Department of Transportation, in accordance with the provisions of Act 227 of 2004, for appropriate sanctions thereunder.

   (6)   The penalty for a violation of Section 10-722 shall be a fine of at least three hundred dollars ($300) and no more than one thousand five hundred dollars ($1,500) for each violation. A violation shall subject the violator to such equitable remedy as the Court may deem proper, including, without limitation, an order to remove or clean a dumpster.

   (7)   The City may seize any dumpster located in the public right-of-way that is not validly licensed under Section 10-722. If the owner of such dumpster can be identified and appropriate contact information is readily available, 24 hours notice of intent to seize the dumpster shall be provided before seizure. Such dumpster shall be returned to the owner upon payment of: (i) the costs incurred by the City in seizing, transporting and storing such dumpster; and (ii) payment of a fine of one thousand five hundred dollars ($1,500), provided that the owner shall be entitled to recovery of the dumpster pursuant to the procedures set forth in Code Section 12-2406.

   (8)   Upon certification by the Department of Streets of adoption of an electronically-based notification system for immediate notification of the City's determination of violations, notices of violation of Section 10-722 served upon those who have provided an electronic address for notification purposes shall be served by such electronic means.

   (9)   Each day a violation continues or is permitted to continue shall constitute a separate offense for which a separate penalty may be imposed.

   (10)   Any fine or costs imposed by the court shall be entered as a judgment against the violator.

   (11)   Any fine or other sanction imposed by the Court shall be paid or satisfied within ten (10) days of its imposition. If the fine or sanction together with any court cost is not paid or satisfied within such period, the violator shall be subject to proceedings for contempt of court and/or collection of the fine as provided for by law. 212

   (12)   In addition to any penalty applicable under subsection 10-719(1), a violator of any provision of Section 10-727 (Litter Near Mobile Providers of Goods) shall be liable for all costs incurred by the City for cleanup where a violation has occurred. 212.1

 

Notes

203	Amended, 1981 Ordinances, p. 367; amended, Bill No. 041070 (approved May 4, 2005); subsections (6), (7) and (8) added and subsequent subsections renumbered by Bill No. 090123-AAA (approved October 21, 2009), effective July 1, 2010.
204	Amended, 1983 Ordinances, p. 1129; amended, 1993 Ordinances, p. 1014; amended, Bill No. 080523 (approved July 2, 2008); amended, Bill No. 090215 (approved May 27, 2009); amended, Bill No. 090221 (approved May 27, 2009); amended, Bill No. 090123-AAA (approved October 21, 2009), effective July 1, 2010; amended, Bill No. 090780 (approved December 16, 2009), effective January 1, 2010; amended, Bill No. 210451 (approved July 15, 2021).
205	Amended, Bill No. 161105 (approved October 25, 2017); amended, Bill No. 180729-A (approved November 6, 2019), effective January 5, 2020.
206	Amended, Bill No. 220379 (approved July 6, 2022).
207	Amended, Bill No. 080523 (approved July 2, 2008); amended, Bill No. 090221 (approved May 27, 2009); amended, Bill No. 090780 (approved December 16, 2009), effective January 1, 2010; amended, Bill No. 210451 (approved July 15, 2021); amended, Bill No. 220379 (approved July 6, 2022).
208	Amended, Bill No. 170715 (approved October 25, 2017).
209	Amended, Bill No. 090670 (approved November 4, 2009).
210	Added, Bill No. 090670 (approved November 4, 2009); amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.
211	Added, Bill No. 180465 (became law September 13, 2018).
212	Amended, 1983 Ordinances, p. 1129.
212.1	Added, Bill No. 240664 (approved December 18, 2024), effective January 17, 2025.