[Adopted 11-9-1992 by Ord. No. 92-8[1]]
A.
The Township of Franklin, County of Warren, and its
officers shall take all action necessary and appropriate to participate
in the New Jersey Clean Communities Model Program for Municipalities
pursuant to P.L. 1986, c. 187, N.J.S.A. 13:1E-99.2e, as the same shall,
from time to time, be amended. It is the intent of the Mayor and Committee
to provide for, promote, clarify and consolidate certain provisions
of local law in order to assist and promote efforts toward an attractive,
safe, healthy and clean environment within the Township of Franklin.
B.
The implementation of the New Jersey Clean Communities
Model Program for Municipalities in the Township of Franklin shall
be the responsibility of the Clean Communities Act Coordinator of
the Township of Franklin.
C.
The Mayor of the Township, after consultation with
the Township Committee, shall designate a resident of the Township
as Coordinator for this program annually in January of each year.
A.
It is unlawful for any person in the Township of Franklin
to throw, drop, discard or otherwise place litter of any nature upon
any public or private property, other than in a litter receptacle.
"Litter" means 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, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction materials,
but does not include the waste of the primary processes of mining
or other extraction processes, logging, sawmilling, farming or manufacturing,
except as herein otherwise provided.
B.
No person, persons, partnership, association, firm
or corporation shall deposit, maintain or permit to be deposited,
maintained or to accumulate in or upon any public or private street
or thoroughfare or place or in or upon any privately owned property
or building in the Township of Franklin any household, garage or factory
waste; any garbage, offal, excrement, sewage, tin cans or rubbish;
any dead animals or parts thereof; any decaying; or putrescible matter,
fruit, vegetables, fish, meat or bones; any oyster or clam shells,
or any foul, putrid or decaying liquid or substance.
A.
No person shall be permitted to sweep into or deposit
in any gutter, street, catch basin or other public place any accumulation
of litter from any private or public sidewalk or driveway. Every person
who owns or occupies property must keep the sidewalk in front of the
premises free of litter. All litter sweepings must be collected and
properly containerized for disposal.
B.
Any and all litter and garbage which may be collected
or accumulated in said Township of Franklin or which may be stored,
kept or retained therein without violating this article shall be kept
in watertight metal, plastic or rubber receptacles provided with tightly
fitting covers. Said receptacles shall be kept clean, and no water
shall be allowed to enter or collect therein except for the purpose
of cleaning, and it shall be unlawful for any residential or commercial
property owner to permit open or overflowing waste disposal bins on
his or her property.
A.
No person, persons, partnership, association, firm
or corporation shall allow any garbage or excrement or any other offensive
or decomposed solid or fluid matter or substance to leak or escape
from any truck, container or vehicle used for the conveyance or carriage
of litter or garbage materials through any portion of the Township
of Franklin.
B.
It shall be unlawful for any vehicle to be driven,
moved, stopped or parked on any public roadway unless such a vehicle
is constructed, covered or loaded to prevent any of its load from
dropping, sifting, leaking or otherwise escaping therefrom. Any person
operating a vehicle from which any of the articles constituting litter
have fallen or escaped, which could cause an obstruction, damage a
vehicle or otherwise endanger travelers or public property, must immediately
cause the public property to be cleaned and cleared or all such materials
and must pay the costs therefor.
[Adopted 2-28-1966; amended 9-28-1987 by Ord. No. 87-9; 11-9-1992 by Ord. No.
92-8]
It shall be unlawful for any owner, agent or
contractor in charge of a construction or demolition site to permit
the accumulation of litter, garbage, refuse or debris resulting from
such activities to accumulate either before, during or after completion
of the work. It is the duty of the owner, agent or contractor in charge
of a site to furnish containers adequate to accommodate flyable and
nonflyable debris, garbage or refuse at areas convenient to the construction
or demolition site and to maintain and empty the receptacles in accordance
with this chapter on a regular basis in such a manner as to prevent
spillage of such debris, garbage or refuse on the land, and, in any
event, all such debris, garbage and refuse shall be removed from the
site not more than 30 days after completion of the construction or
demolition activities. Salvaged building materials neatly stored on
the owner's premises shall not be considered refuse or debris.
A.
No person shall keep, store, abandon or leave upon
any parcel of land, street, road, alley, way or parkway in the Township
any motor vehicle not currently used for transportation and not being
licensed for the current year or which cannot be readily operated
under its own power; provided, however, that nothing herein contained
shall be determined to prohibit the placing, keeping or storing of
any such motor vehicle in an enclosed barn, garage or building, duly
licensed junkyard or public garage or filling station. Farm machinery
kept on a farmer's own premises is excluded from the provisions of
this section.
B.
Nothing herein shall be construed to pertain to junk
dealers, junkyards, motor vehicle junk dealers, motor vehicle junkyards,
wholesale junk dealers, wholesale junkyards or scavengers duly licensed
by the Township of Franklin.
Upon complaint of any resident or property owner
of the Township of Franklin or any person, firm, corporation or employee
of said Township or upon his own volition, the Health Officer or Code
Enforcement Officer or their designated agents shall make an investigation
of the condition complained of and report thereon, in writing, to
the Township Clerk for the Township Committee and/or issue a summons
or summonses for said violation or violations.
Upon receiving said report, if the land in question about which the complaint was made is found to be in such condition that a violation of one or more of the provisions of § 83-5 or 83-6 hereof exists on said land, the Township Clerk shall notify the owner and possessor of said lands complained of, in writing, either personally or by certified mail (return receipt requested) and regular mail, to take such steps as will effectively remove said violation from said land within 10 days after receipt of said notice.
The Health Officer or Code Enforcement Officer
or their designated agents shall reinspect said lands after the ten-day
period shall have expired and shall report, in writing, to the Township
Clerk for the Township Committee whether or not the unlawful condition
complained of and previously found to exist in violation of this article
has been abated or remedied.
In the event that the owner or possessor of
said lands shall refuse or neglect to abate or remedy the condition
complained of, and which constituted a violation of this article,
after said 10 days' notice, the Township Committee shall cause the
condition complained of to be abated and remedied.
Upon the removal of any of the materials prohibited
to be stored or abandoned on lands by this article by or under the
direction of such officer or officers of this Township in cases where
the owner or tenant shall have refused or neglected to remove the
same in the manner and within the time provided above, such officer
or officers shall certify the cost thereof to the Township Committee,
which shall examine the certificate and, if found correct, shall cause
the cost as shown thereon to be charged against said lands; the amount
so charged shall forthwith become a lien upon such lands and shall
be added to and become and form part of the taxes next to be assessed
and levied upon said lands, the same to bear interest at the same
rate as taxes, and shall be collected and enforced by the same officers
and in the same manner as taxes.
Any person convicted of a violation of any of the provisions of Article I or Article II shall, upon conviction, pay a fine not exceeding $1,000 or be imprisoned for a term not exceeding 90 days or by a period of community service for a term not exceeding 90 days, or any combination thereof, all in the discretion of the court before which such conviction is had. For each day that the court finds the violation or violations to have continued, the same shall constitute separate and distinct offenses, for which separate penalties can be imposed for each day of the continuing violation or violations.
