Wording in an existing borough law led to a proposed change in a municipal ordinance on dumping.
As a result of a court case where the original language resulted in a not guilty verdict, municipal judge Gary Bundy recommended that the borough attorney review the wording.
The revised language removes seven words and rearranges the phrasing to allow placing of material to be disposed of at “the location otherwise practical or designated for solid waste collection purposes”. The previous citation had “specifically designated by the Borough for the purpose of solid waste storage or disposal” as that location.
The subtle difference caused confusion which resulted in Ordinance 2517.
It shall be unlawful for any person to discard or dump:
Revised wording:
solid waste, waste, rubbish, refuse, or junk along any street, road, public right-of-way, or privately owned property. This prohibition shall not apply to the area immediately in front of the premises, or the location otherwise practical or designated for solid waste collection purposes, owned or rented by the person discarding or dumping materials.Current wording:
along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture or private property, except within the area immediately in front of the premises owned by the person discarding or dumping and specifically designated by the Borough for the purpose of solid waste storage or disposal.
Ordinance 2517 has its public hearing and vote set for tomorrow night’s municipal meeting in borough hall. The meeting is to start at 7 p.m. and the address is 110 East Westfield Avenue.
Download RP Ordinance 2517