[HISTORY: Adopted by the Township Committee of the Township of East Amwell 10-26-1989 by Ord. No. 89-16. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 58.
Junkyards — See Ch. 89.
Litter in parks — See Ch. 97.
Solid waste — See Ch. 120.
Nuisances — See Ch. 163.
It shall be unlawful for any person to throw, drop, discard, or otherwise place litter of any nature outdoors upon any public or private property, other than in a litter receptacle, or at a spot where the litter is to be picked up for recycling, or for disposal as permitted by the Hunterdon County Solid Waste Management Plan.
[Amended 11-9-2023 by Ord. No. 23-13]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
LITTER
Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include grass clippings or other lawn or garden waste or the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
[Added 11-9-2023 by Ord. No. 23-13]
A. 
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
B. 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle in violation of this chapter, the operator or owner, or both, of the motor vehicle shall also be deemed to have violated this chapter.
A. 
Litter receptacles and their servicing are required at the following public places which exist in the township:
(1) 
Buildings held out for use by the public, including schools and government buildings.
(2) 
Parks.
(3) 
Drive-in restaurants.
(4) 
All street vendor locations.
(5) 
Self-service refreshment areas.
(6) 
Construction sites.
(7) 
Gasoline service stations.
(8) 
Shopping centers.
(9) 
Public parking lots.
(10) 
Campgrounds and trailer parks.
(11) 
At special events to which the public is invited, including sporting events, parades, carnivals, circuses, and festivals.
B. 
The proprietors of these places or the sponsors of these events shall be responsible for providing, removing and servicing the receptacles such that adequate containerization is available.
[Amended 5-11-2023 by Ord. No. 23-05]
It shall be unlawful for any person to discard or dump on public or private property or along any public street or road any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture, wood or brush, in any place not specifically designated for the purpose of solid waste storage or disposal. This section shall also apply to perpetrators who engage in illegal dumping at the Township grit yard or other Township property designated as a receptacle of any of the materials identified above. Those perpetrators will be subject to prosecution for engaging in illegal dumping without complying with the rules and regulations governing such locations or without authorization and approval for disposing of said materials at the particular location.
It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, on residential property, except in a fully enclosed structure or during days designated for the collection of bulky items.[1]
[1]
Editor's Note: See Ch. 120, Solid Waste.
It shall be unlawful for any residential property owner to store or permit the storage of tires on residential property, except in a fully enclosed structure or during days designated for the collection of tires.
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any glass or objects have fallen or escaped, which could cause an obstruction, damage a vehicle, or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all glass or objects and shall pay the costs therefor.
It shall be unlawful for any owner, agent, or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during, or after completion of any construction or demolition project. It shall be the duty of the owner, agent, or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas, and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
It shall be unlawful for any residential or commercial property owner to permit any overflowing outdoor waste disposal bin on his or her property.
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept sidewalks, backyards, courts and alleys free from litter. No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free of litter.
[Added 11-9-2023 by Ord. No. 23-13[1]]
A. 
Purpose. A section to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Township of East Amwell, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
B. 
Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Township of East Amwell or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
C. 
Prohibited conduct. The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Township of East Amwell is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
D. 
Exceptions to prohibition.
(1) 
Water line flushing and discharges from potable water sources.
(2) 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters);
(3) 
Air conditioning condensate (excluding contact and noncontact cooling water);
(4) 
Irrigation water (including landscape and lawn watering runoff);
(5) 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows;
(6) 
Residential car washing water, and residential swimming pool discharges;
(7) 
Sidewalk, driveway and street wash water;
(8) 
Flows from firefighting activities;
(9) 
Flows from rinsing of the following equipment with clean water: equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded. Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
[1]
Editor's Note: This ordinance also repealed former § 97-11, Violations and penalties, as amended. See now § 97-15.
[Added 11-9-2023 by Ord. No. 23-13]
A. 
Purpose. A section to establish requirements for the proper disposal of pet solid waste in the Township of East Amwell so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
B. 
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
IMMEDIATE
The pet solid waste is removed at once, without delay.
OWNER/KEEPER
Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PET
A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.
C. 
Requirement for disposal. All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.
D. 
Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
[Added 11-9-2023 by Ord. No. 23-13]
A. 
Purpose. A section requiring dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semiliquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Township of East Amwell and/or the waters of the state so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
B. 
Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Township of East Amwell or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
REFUSE CONTAINER
Any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
C. 
Prohibited conduct. Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing. Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semiliquids or solids to the municipal separate storm sewer system(s) operated by the Township of East Amwell.
D. 
Exceptions to prohibition:
(1) 
Permitted temporary demolition containers;
(2) 
Litter receptacles (other than dumpsters or other bulk containers);
(3) 
Individual homeowner trash and recycling containers;
(4) 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit;
(5) 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
[Added 11-9-2023 by Ord. No. 23-13]
The provisions of this chapter shall be enforced by the Police Department and/or other municipal officials of the Township of East Amwell.
[Added 11-9-2023 by Ord. No. 23-13]
Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a fine not to exceed $2,000; and/or up to 90 days community service; and/or up to 90 days imprisonment.
Each section, subsection, sentence, clause and phrase of this chapter is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this chapter to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this chapter.
This chapter shall be in full force and effect from and after its adoption and any publication as may be required by law.