6501 - Scattering rubbish.

                                CHAPTER 65                                NUISANCES     Sec.     6501.  Scattering rubbish.     6502.  Refrigerators and iceboxes.     6503.  Posting advertisements on property of another.     6504.  Public nuisances.     6505.  Discarding television sets and tubes.        Enactment.  Chapter 65 was added December 6, 1972, P.L.1482,     No.334, effective in six months.     § 6501.  Scattering rubbish.        (a)  Offense defined.--A person is guilty of an offense if     he:            (1)  causes any waste paper, sweepings, ashes, household        waste, glass, metal, refuse or rubbish, or any dangerous or        detrimental substance to be deposited into or upon any road,        street, highway, alley or railroad right-of-way, or upon the        land of another or into the waters of this Commonwealth;            (2)  interferes with, scatters, or disturbs the contents        of any receptacle containing ashes, garbage, household waste,        or rubbish; or            (3)  is the owner or operator, or an agent of either, of        a trash, garbage or debris collection vehicle, including        private automobiles and small trucks, or any other type of        vehicles used to collect or transport trash, garbage or        debris, who knowingly causes to be deposited or deposits the        vehicle's load or any part thereof upon any road, street,        highway, alley or railroad right-of-way, or upon the land of        another or into the waters of this Commonwealth.        (b)  Penalty.--            (1)  A person who violates subsection (a)(1) or (2) is        guilty of a summary offense for the first offense and upon        conviction thereof shall be sentenced to pay a fine of not        less than $50 nor more than $300 or to imprisonment for not        more than 90 days, or both.            (2)  A person who violates subsection (a)(1) or (2) is        guilty of a misdemeanor of the third degree for the second        and subsequent offense and upon conviction thereof shall be        sentenced to pay a fine of not less than $300 nor more than        $1,000. The person also may be sentenced to imprisonment or        to performing a community service for a period not to exceed        one year.            (3)  A person who violates subsection (a)(3) is guilty of        a misdemeanor of the second degree for the first offense and        upon conviction thereof shall be sentenced to pay a fine of        not less than $500 nor more than $5,000. The person also may        be sentenced to imprisonment or to performing a community        service for a period not to exceed two years.            (4)  A person who violates subsection (a)(3) is guilty of        a misdemeanor of the first degree for the second or        subsequent offense and upon conviction thereof shall be        sentenced to pay a fine of not less than $1,000 nor more than        $10,000. The person also may be sentenced to imprisonment or        to performing a community service for a period not to exceed        five years.            (5)  Any vehicle, equipment or conveyance, including any        private automobile and small truck, used for the        transportation or disposal of trash, garbage or debris in the        commission of a second or subsequent offense under subsection        (a)(3) may be deemed contraband and forfeited in accordance        with the provisions set forth in this section.        (c)  Arrest powers.--A police officer shall have the same     right of arrest without a warrant as in a felony whenever the     officer has probable cause to believe the defendant has violated     subsection (a)(3), although the offense did not take place in     the officer's presence. A police officer may not make a     warrantless arrest pursuant to this section without first     observing recent evidence of a subsection (a)(3) offense or     other corroborative evidence.        (d)  Forfeiture.--            (1)  Property subject to forfeiture under this section        may be seized by the law enforcement authority upon process        issued by any court of common pleas having jurisdiction over        the property.            (2)  Property taken or detained under this section shall        not be subject to replevin but is deemed to be in the custody        of the law enforcement authority subject only to the orders        and decrees of the court of common pleas having jurisdiction        over the forfeiture proceedings and of the district attorney.        When property is seized under this section, the law        enforcement authority shall place the property under seal and        either:                (i)  remove the property to a place designated by it;            or                (ii)  require that the district attorney take custody            of the property and remove it to an appropriate location            for disposition in accordance with law.            (3)  Whenever property is forfeited under this section,        the property shall be transferred to the custody of the        municipal corporation. The municipal corporation shall sell        any forfeited property, but the proceeds from any such sale        shall be used to pay all proper expenses of the proceedings        for forfeiture and sale, including expenses of seizure,        maintenance of custody, advertising and court costs. The        balance of the proceeds shall be used for the enforcement of        this act.            (4)  The proceedings for the forfeiture or condemnation        of property, the sale of which is provided for in this        section, shall be in rem, in which the Commonwealth shall be        the plaintiff and the property the defendant. A petition        shall be filed in the court of common pleas of the judicial        district where the property is located, verified by oath or        affirmation of an officer or citizen, containing the        following:                (i)  A description of the property seized.                (ii)  A statement of the time and place where seized.                (iii)  The owner, if known.                (iv)  The person or persons in possession, if known.                (v)  An allegation that the property is subject to            forfeiture pursuant to this subsection and an averment of            material facts upon which the forfeiture action is based.                (vi)  A prayer for an order of forfeiture that the            property be adjudged forfeited to the Commonwealth and            condemned and be ordered sold according to law, unless            cause be shown to the contrary.            (5)  A copy of the petition required under paragraph (4)        shall be served personally or by certified mail on the owner        or upon the person or persons in possession at the time of        the seizure. The copy shall have endorsed a notice, as        follows:                To the Claimant of within Described Property:            You are required to file an answer to this petition,            setting forth your title in, and right to possession of,            the property within 30 days from the service hereof, and            you are also notified that, if you fail to file the            answer, a decree of forfeiture and condemnation will be            entered against the property.        The notice shall be signed by the district attorney, deputy        district attorney or assistant district attorney.            (6)  If the owner of the property is unknown or there was        no person in possession of the property when seized or if the        owner or such person or persons in possession at the time of        the seizure cannot be personally served or located within the        jurisdiction of the court, notice of the petition shall be        given by the Commonwealth through an advertisement in only        one newspaper of general circulation published in the county        where the property shall have been seized, once a week for        two successive weeks. No other advertisement of any sort        shall be necessary, any other law to the contrary        notwithstanding. The notice shall contain a statement of the        seizure of the property with a description of the property        and the place and date of seizure and shall direct any        claimants to the property to file a claim on or before a date        given in the notice, which date shall not be less than 30        days from the date of the first publication. If no claims are        filed within 30 days of publication, the property shall        summarily forfeit to the Commonwealth.            (7)  For purposes of this section, the owner or other        such person cannot be found in the jurisdiction of the court        if:                (i)  a copy of the petition is mailed to the last            known address by certified mail and is returned without            delivery;                (ii)  personal service is attempted once but cannot            be made at the last known address; and                (iii)  a copy of the petition is left at the last            known address.            (8)  The notice provisions of this section are        automatically waived when the owner, without good cause,        fails to appear in court in response to a subpoena on the        underlying criminal charges. Forty-five days after such a        failure to appear, if good cause has not been demonstrated,        the property shall summarily forfeit to the Commonwealth.            (9)  Upon the filing of a claim for the property setting        forth a right of possession, the case shall be deemed at        issue and a time shall be fixed for the hearing.            (10)  At the time of the hearing, if the Commonwealth        produces evidence that the property in question was        unlawfully used, possessed or otherwise subject to forfeiture        under this section, the burden shall be upon the claimant to        show:                (i)  That the claimant is the owner of the property            or the holder of a chattel mortgage or contract of            conditional sale thereon.                (ii)  That the claimant lawfully acquired the            property.                (iii)  That it was not unlawfully used or possessed            by him. In the event that it shall appear that the            property was unlawfully used or possessed by a person            other than the claimant, then the claimant shall show            that the unlawful use or possession was without his            knowledge or consent. Such absence of knowledge or            consent must be reasonable under the circumstances            presented.            (11)  If a person claiming the ownership of or right of        possession to or claiming to be the holder of a chattel        mortgage or contract of conditional sale upon the property,        the disposition of which is provided for in this section,        prior to the sale presents a petition to the court alleging        over the property lawful ownership, right of possession, a        lien or reservation of title and if, upon public hearing, due        notice of which having been given to the district attorney,        the claimant shall prove by competent evidence to the        satisfaction of the court that the property was lawfully        acquired, possessed and used by him or, it appearing that the        property was unlawfully used by a person other than the        claimant, that the unlawful use was without the claimant's        knowledge or consent, then the court may order the property        returned or delivered to the claimant. Such absence of        knowledge or consent must be reasonable under the        circumstances presented. Otherwise, it shall be retained for        official use or sold in accordance with paragraph (4).        (e)  Responsibility for costs.--The operator, owner or agent     of any vehicle, equipment or conveyance, including private     automobiles and small trucks, forfeited under this section shall     be responsible for any costs incurred in properly disposing of     waste in the vehicle, equipment or conveyance.        (f)  Exception.--Subsection (a)(3) does not apply to the     lawful depositing of waste at any site regulated by the     Department of Environmental Resources.        (g)  Other available rights and remedies.--The proceedings     specified in this section shall not, in any way, limit the right     of the Commonwealth to exercise any rights or remedies otherwise     provided by law.     (Mar. 22, 1974, P.L.207, No.42; Apr. 28, 1978, P.L.202, No.53,     eff. 60 days; Mar. 25, 1988, P.L.262, No.31, eff. imd.; May 31,     1990, P.L.219, No.47, eff. 60 days)        1990 Amendment.  Section 3 of Act 47 provided that the     amendment shall apply to all offenses committed on or after the     effective date of Act 47.        References in Text.  The Department of Environmental     Resources, referred to in subsec. (f), was abolished by Act 18     of 1995. Its functions were transferred to the Department of     Conservation and Natural Resources and the Department of     Environmental Protection.        Cross References.  Section 6501 is referred to in section     4116 of this title; section 3573 of Title 42 (Judiciary and     Judicial Procedure); section 3742.1 of Title 75 (Vehicles).