(A) No person shall throw, discharge, dump, deposit, distribute, place or leave or cause to be thrown, discharged, dumped, deposited, distributed, placed or left upon any of the streets, parkways, roadways, thoroughfares, fields, alleys, sidewalks, vacant lots, yards or porches of any dwelling within the township or in or on the grounds of any public parks, playgrounds, recreation areas, public buildings, streams, water or banks of such streams, any waste paper, ashes, glass, grass clippings, trimmings, advertising circulars, newspapers, magazines, samples, fruit peelings, cans, dirt, rubbish, waste, garbage refuse or any other trash. Such prohibition shall apply to any and all places within the township. The violation of any of the prohibitions herein set forth are hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the citizens, inhabitants and property owners of the township.
(B) PERSON shall mean and include any person, firm, partnership, association, corporation, company or organization of any kind engaging in any of the aforesaid prohibited activity and/or those directing said prohibited activity.
(C) The owner of any motor vehicle from which the aforementioned trash is thrown, discharged, dumped, deposited, placed, left or caused to be thrown, discharged, dumped, deposited, placed or left shall be presumed to be the person depositing such trash. In any proceedings for a violation of this section, the registration plate displayed on such vehicle shall be prima facie evidence that the owner of such vehicle was then operating the same. If at any hearing or proceedings the owner shall testify under oath or affirmation that he or she was not operating such motor vehicle at the time of the alleged violation of this section or that such owner did not deposit such trash in violation of this section and shall submit himself or herself to an examination as to who at the time was operating such vehicle or who deposited the trash and reveal the name of the person, if known to him or her or if the information is made in a county other than that of the owner’s residence and an affidavit setting forth these required facts is forwarded to the issuing authority, then the prima facie evidence arising from the registration plate, shall be overcome and removed and the burden of proof shall be shifted.
(D) Any resident of this township or the commonwealth or of the United States of America may report violations of this section by filing a formal complaint with the township in the form thereby required to proceed before the appropriate issuing authorities on information received.
(E) The Township Board of Supervisors, as well as the Township Codes Enforcement Officer, are hereby authorized, empowered and directed to enforce compliance with this section.
(F) In addition to any penalty imposed, any court may require that the person remove such trash at such person’s expense.
(Ord. 34, passed 12-28-1983) Penalty, see § 130.99