Township of Franklin, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by Township Committee of the Township of Franklin 6-6-1980 (Ch. 89 of the 1988 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 131.
Stormwater management — See Ch. 297.
Nuisances — See Ch. 411.

§ 231-1 Definitions and word usage.

[Amended 10-31-2006 by Ord. No. 2006-12]
A. 
Definitions. For the purposes of this chapter, the following words shall have the following meanings:
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle provided by the owner or occupier of private premises.
COMMERCIAL HANDBILL
Any printed or written matter, sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copy of any matter of literature which:
(1) 
Advertises for sale any merchandise, product, commodity or thing.
(2) 
Directs attention to any business or mercantile or commercial establishment or any activity for the purpose of either directly or indirectly promoting the interest thereof by sale.
(3) 
Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; but the terms of this subsection shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided that nothing contained in this subsection shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license where such license is or may be required by any law of this state or under any ordinance of this Township.
(4) 
While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the profit, benefit or gain of any person so engaged as advertiser or distributor.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse or rubbish and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
NEWSPAPER
Any newspaper of general circulation as defined by general law; any newspaper duly entered with the United States Postal Service in accordance with federal statute or regulation; and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definition of a "commercial handbill" or "newspaper."
PARK
A park, reservation, playground, recreation center or any other public area of the Township or other public entity devoted to active or passive recreation by the public.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
Any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, ground, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
Any and all streets, roads, sidewalks, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
TOWNSHIP
The Township of Franklin in the County of Hunterdon and State of New Jersey.
VEHICLE
Every device in and upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
B. 
The plural shall include the singular number, and words used in the singular number include the plural number.

§ 231-2 Litter in public places.

No person shall throw or deposit litter in or upon any street, road, sidewalk or other public place within the Township except in public receptacles or authorized private receptacles for collection.

§ 231-3 Deposit in receptacles to prevent scattering.

Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk, road, alley or other public place or upon private property.

§ 231-4 Litter in gutters and on sidewalks prohibited.

No person shall sweep into or deposit in any gutter, street or public place within the Township the accumulation of litter from any building or lawn or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep any sidewalk in front of their premises free of litter.

§ 231-5 Business premises.

No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or public place within the Township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the Township shall keep the sidewalk in front of their business premises free of litter.

§ 231-6 Litter from vehicles.

No person while a driver or passenger in a vehicle shall throw or deposit litter upon any street or other public place within the Township or upon private property.

§ 231-7 Distribution of handbills and newspapers in public places.

No person shall throw or deposit any commercial or noncommercial handbill or newspaper in or upon any sidewalk, street or other public place within the Township, nor shall any person distribute or sell any commercial handbill or newspaper in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the Township for any person to hand out or distribute without charge to the receiver thereof any noncommercial handbill or newspaper to any person willing to accept it.

§ 231-8 Handbills and newspapers on vehicles.

No person shall throw or deposit any commercial or noncommercial handbill or newspaper in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a noncommercial handbill or newspaper to any occupant of a vehicle who is willing to accept it.

§ 231-9 Handbills and newspapers on uninhabited or vacant premises.

No person shall throw or deposit any commercial or noncommercial handbill or newspaper in or upon any private premises which are temporarily or continuously uninhabited or vacant. Section 231-11B shall apply hereto.

§ 231-10 Handbills and newspapers on posted private premises.

No person shall throw, deposit or distribute any commercial or noncommercial handbill or newspaper upon any private premises if requested by anyone thereon not to do so or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisements" or any similar notice indicating in any manner that the occupant of the premises does not desire to be molested or have his right of privacy disturbed or to have any such handbills or newspapers left upon such premises. Section 231-11B shall apply hereto.

§ 231-11 Handbills and newspapers on inhabited private premises; nonapplicability to distribution of mail.

A. 
No person shall throw, deposit or distribute any commercial or noncommercial handbill or newspaper in or upon private premises which are inhabited except by handing or transmitting the same directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in the case of inhabited private premises which are not posted as provided in this chapter, such person, unless requested by anyone upon the premises not to do so, may place or deposit any such handbill or newspaper in or upon such inhabited private premises if the same is so placed or deposited as to secure or prevent the same from being blown about such premises or sidewalks, streets or other public places and the same is not placed upon the surface of the ground. Mailboxes may not be used when so prohibited by federal postal law or regulations, but private boxes may be used when so provided.
B. 
The provisions of this section shall not apply to the distribution of mail by the United States or its agents or legally authorized deliverers.

§ 231-12 Litter on occupied private property.

No person shall throw or deposit litter on any occupied private property within the Township, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.

§ 231-13 Owner to maintain premises litter-free.

The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.

§ 231-14 Litter on vacant private property.

No person shall throw or deposit litter on any open or vacant private property within the Township, whether owned by such person or not.

§ 231-15 Dumping of household and commercial waste in streets prohibited.

[Added 12-3-1992 by Ord. No. 92-24]
It is unlawful within the Township of Franklin for any person, firm or corporation to throw, cast, place, litter, discard or dump along any street or road, on or off any right-of-way, any household or commercial waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture or personal property in any place not specifically designated for the purpose of waste storage or disposal. It shall further be unlawful within the Township of Franklin for any person, firm or corporation to throw, cast, place, litter, discard or dump within the Township of Franklin any leaves, branches or similar items in connection with a commercial operation for the treatment, disposal or removal of any of the aforesaid items.

§ 231-16 Violations and penalties.

Any person who shall violate this chapter shall, upon conviction thereof, be subject to the penalties in Chapter 1, Article I, General Penalty, for each offense, in the discretion of the court.