[HISTORY: Adopted by the Mayor and Borough
Council of the Borough of Gibbsboro 12-20-1988 by Ord. No. 88-19;
amended in its entirety 12-27-1989 by Ord. No. 89-37 (Ch. 112 of the 1982
Code). Subsequent amendments noted where applicable.]
It shall be unlawful for any person to throw,
drop, discard or otherwise place litter of any nature upon any public
or private property other than a litter receptacle.
As used in this chapter, the following terms
shall have the meanings indicated:
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, 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, newspaper, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
It shall be unlawful for any person to discard
or dump along any street or road, on or off any right-of-way, any
household or commercial solid waste, rubbish, refuse, junk, vehicle
or vehicle parts, rubber tires, appliances, furniture or private property,
except by written consent of the owner of said property, in any place
not specifically designated for the purpose of solid waste storage
or disposal.
Litter receptacles and their servicing are required
at the following public places which exist in the municipality, including
sidewalks used by pedestrians in active retail commercially zoned
areas, such that, at a minimum, there shall be no single linear quarter
mile without a receptacle; buildings held out for use by the public;
including schools, government buildings and railroad and bus stations;
parks; drive-in restaurants; all street vendor locations; self-service
refreshment areas; construction sites; gasoline service station islands;
shopping centers; parking lots; campgrounds and trailer parks; marinas,
boat moorage and fueling stations; boat launching areas; public and
private piers operated for public use; beaches and bathing areas;
and at special events to which the public is invited, including sporting
events, parades, carnivals, circuses, and festivals. The proprietors
of these places or the sponsors of these events shall be responsible
for providing and servicing the receptacles such that adequate containerization
is available. "Litter receptacle" means a container suitable for the
depositing of 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. All litter sweepings shall be
collected and properly containerized for disposal.
It shall be unlawful for any residential or
commercial property owner to permit open or overflowing waste disposal
bins on his or her property.
[Added 9-23-2009 by Ord. No. 2009-15]
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 Borough of Gibbsboro
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
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.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough of Gibbsboro or other public body, and is designed
and used for collecting and conveying stormwater .
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any waste container that a person controls, whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
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.
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 Borough of Gibbsboro.
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).
E.
Enforcement. This section shall be enforced by the Police Department
and Property Maintenance Officer.
F.
Penalties. Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $100 per
occurrence or container.
It shall be unlawful for any vehicle to be driven,
moved, stopped or parked on any public roadway unless such 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 materials which constitute litter
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 such materials 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 immediately following
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 the duty of the owner, lessee, tenant,
occupant or person in charge of any structure to keep and cause to
be kept the sidewalk and curb abutting the building or structure free
from obstruction or nuisances of every kind and to keep sidewalks,
areaways, backyards, courts and alleys free from litter.
It shall be unlawful for any person to place,
to cause to be placed or to hire another person to place any advertisement,
handbill or unsolicited materials of any kind in or on any street,
sidewalk, building or vehicle within the community in such a manner
that it may be removed by natural forces.
B.
In the event that the owner or possessor of private
property or lands shall refuse or neglect to abate or remedy the condition
which constitutes a violation of this chapter, the municipality may
cause the condition to be abated and remedied. Upon the removal of
any materials prohibited to be stored or abandoned on lands by this
chapter by or under the direction of an appointed officer or officers
of this jurisdiction, in cases where the owner or tenant shall have
refused or neglected to remove the materials within five days of receiving
a notice of violation, such officer shall certify the cost thereof
to the municipality, which shall examine the certificate, and, if
found correct, shall cause the cost as shown thereon to be charged
against said lands and will be added to and become and form part of
the taxes next to be assessed and levied upon said lands. The fines
shall 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.
