Lehighton to advertise ordinance prohibiting scavenging in solid waste/recycled materials

Published July 05. 2019 12:08PM

<p>By Terry Ahner</p><p>tahner@tnonline.com</p>

Trash pickers in Lehighton may want to think twice the next time they decide to rummage through other people’s garbage.

That’s after borough council on a 6-0 vote Monday approved the advertisement of the ordinance prohibiting scavenging in solid waste and recycled materials.

The ordinance would prohibit scavenging from any container as defined in a section of the ordinance or any bin, container or other type of receptacle used for the deposit, storage, collection or transport of garbage, rubbish, recycling materials, including without limitation metal or plastic bins and plastic or paper bags.

The ordinance defines scavenging as the act or practice or removing, taking, scattering or disturbing garbage, rubbish and/or recycling materials which had been placed and assembled in containers, whether stored on private or public property or placed by a roadway, street or curb for authorized collection.

It states that anyone who violates or fails to comply would be sentenced to pay a fine not to exceed $1,000 plus costs, and in default of payment of said fines and costs, to imprisonment for a term not to exceed 30 days. Each day a violation of this article continues would constitute a separate offense.

Council’s decision comes after several residents approached council within the past few months with a flurry of complaints concerning trash picking.

After last month’s meeting, borough Manager Nicole Beckett said there had been at least 50 complaints received.

At that meeting, Councilwoman Autumn Abelovsky provided sample ordinances to council that included prohibiting scavenging, trash picking and scrapping.

Council then agreed to have solicitor Jim Nanovic draft an ordinance to address trash picking based on comments from council members.

The ordinance could be adopted at next month’s council meeting.

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Comments
So if I put my old lawn mower out for garbage because I don't want it anymore, and someone who can use it stops and takes it because they can use it or fix it and sell it to someone that wants it, they should be fined a grand? That is just silly.
There's the next ordinance -- that it is a violation to give or offer things to others for free. What should the punishment be...? I'm thinking like up to $1,000 fine, and/or (hell, let's make it 'and') 30 days in jail. Oh yeah, let's not forget to add "Each day a violation of this article continues would constitute a separate offense." Cause it's like potato chips -- You gotta have more than one!
You gotta understand, this is going to create jobs and revitalize our economy. After all, who's is the biggest employer in Carbon county? I could be wrong but isn't it Carbon County? Meaning the courts, the police, the county jail, probation and parole, etc., etc. Remember, every ordinance, law, statute, or code gives the officials another chance to take from the pockets of the people with the least and give to someone much more deserving. Plus, as an added bonus, we all get to look down our noses at the violators, especially if they can't pay up and then we get to take even their freedom from them. It's a win, win, win situation! Bravo Lehighton council! You know I wouldn't even mind so much if they would at least fix the damned roads. (yeah, I would, but fix the damned roads anyway!) As a side note -- isn't it starting to feel a little late 1930ish Germany around here. But that's a story for another day.
Has anyone explained what the nature of the complaints has been? I fail to see the detriment that scavengers pose to the residents or community in general. All this does is assure that we pay greater tipping fees and fill our over-burdened landfills at an accelerated rate.
The way I read the ordinance you can still pick up furniture, lawn mowers etc: [The ordinance would prohibit scavenging from any container as defined in a section of the ordinance or any bin, container or other type of receptacle used for the deposit, storage, collection or transport of garbage, rubbish, recycling materials, including without limitation metal or plastic bins and plastic or paper bags.] [the act or practice or removing, taking, scattering or disturbing garbage, rubbish and/or recycling materials which had been placed and assembled in containers]
I've found that if an ordinance is not in reference to a state law than it is void & also this ordinance is in conflict with the supreme Court ruling that once trash is thrown to a curb it is public domain. Other cases that were not referenced by a state law were thrown out, & this ordinance is Impeding a liberty that is of no harm to anyone & benefits those less fortunate reducing needless waste in overfilled landfills. As long as no mess is left behind I fail to see any problems it poses. If items that are thrown away can be used by someone else what is the harm & if someone can profit from discarded items that should be a good thing It is estimated that between gold silver antiques brand new never opened items & cash millions upon millions is thrown out every year I can only imagine the items that were thrown out that could be in a museum. Why should it matter where it goes once something is thrown out ownership is given up so there should be no issues of where it ends up the only case I could foresee a person so concerned about their trash is if their is some type of illegal activity going on & as far as potential identity theft relating to this ordinance if it occuring there would've been reports & if someone was going to steal a persons identity going through their mail I'm sure would be much more appealing & slot easier than going through the trash & people shred or burn their documents that are concerned about that besides that what could possibly be the problem.

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