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Upper Darby, PA Property Maintenance: Vacant Lot Maintenance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Prohibited act
Depositing litter on any vacant lot
Who can cite
DPW, L&I, Fire Marshal, Health Dir., police
Max penalty
$1,000 for safety-code litter violations
Continuing violation
Each 24-hour period a separate offense

Summary

Upper Darby bans dumping litter on any open or vacant private lot, occupied or not, under Section 358-10 of the Township's litter ordinance. A Department of Public Works, Licenses and Inspections, Fire Marshal or Public Health official, or any police officer, must issue a citation once they spot a violation.

§ 358-10. Litter on vacant lots. No person shall throw or deposit litter on any open or vacant private property within the Township, whether owned by such person or not.

Full Breakdown

Chapter 358's litter ordinance treats vacant land the same as any other private lot. " That means both the person who dumps trash on an empty lot and, separately under Section 358-9, the owner who lets litter accumulate can be cited. Section 358-11 gives citation authority to the Director of Public Works, the Director of Licenses and Inspections, the Fire Marshal, the Director of Public Health, or "any police officer" who observes a violation; any of them "shall" issue a citation once a violation is brought to their attention.

Enforcement runs through a civil complaint under the Pennsylvania Rules of Civil Procedure rather than criminal court. The ordinance sits alongside companion sections banning litter in streets and gutters (Sections 358-2, 358-3), from moving vehicles (Section 358-4), in parks (Section 358-6), and on occupied private and commercial premises (Sections 358-7, 358-8), so a vacant lot gets exactly the same no-dumping treatment as a maintained yard or a Township street.

Violations & Fines

Violations tied to building, housing, property maintenance, health, fire or public safety carry a civil penalty of up to $1,000 plus prosecution costs and the Township's attorneys' fees; any other litter violation carries up to $600 (Section 358-12A). Each day a violation continues past 24 hours, and each separate section violated, counts as its own offense (Section 358-12B).

Frequently Asked Questions

Is dumping trash on an empty lot illegal in Upper Darby even if I don't own it?
Yes. Section 358-10 prohibits throwing or depositing litter on any open or vacant private property "whether owned by such person or not," so ownership doesn't create an exception. Separately, Section 358-9 requires the lot's owner to keep it litter-free at all times.
Who enforces the vacant lot litter rule?
Section 358-11 authorizes the Director of Public Works, the Director of Licenses and Inspections, the Fire Marshal, the Director of Public Health, or any police officer to issue a citation once a violation on a vacant lot is brought to their attention.
What's the fine for littering on a vacant lot?
Under Section 358-12A, litter violations tied to building, housing, property maintenance, health, fire or public safety codes carry a civil penalty up to $1,000 plus costs and attorneys' fees; other litter violations carry up to $600, and each day the litter remains is a separate offense.

Sources & Official References

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