Township of Jefferson, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Jefferson 12-12-1979 by Ord. No. 34-79 (Ch. 59 of the 1967 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Dumping; abandoned vehicles — See Ch. 216.
Public health nuisances — See Ch. 326.
Property maintenance — See Ch. 367.
Solid waste — See Chs. 412 and 416.

§ 313-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AIRCRAFT
Any contrivance, now known or hereafter invented, used or designed for navigation or for flight in the air. "Aircraft" includes helicopters and lighter-than-air dirigibles and balloons.
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle weighing not more than 75 pounds when filled, constructed of galvanized metal or plastic of equivalent strength, leakproof, not more than 34 inches in height and of a capacity not to exceed 25 gallons and having a tight-fitting cover or lid.
COMMERCIAL HANDBILL
Any printed or written matter, any 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:
A. 
Advertises any merchandise, product, commodity or thing for sale;
B. 
Directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales;
C. 
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 gain or profit. The terms of this subsection shall 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 it is held, is given or takes place in connection with the dissemination of information which does not violate 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 law of this state or ordinance of the Township; or
D. 
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 private benefit and 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.
HANDBILL
Includes both commercial handbills and noncommercial handbills as such terms are defined in this section.
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, grass clippings or other lawn or garden waste, newspapers, 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.
[Amended 2-1-2006 by Ord. No. 2-06]
LITTER RECEPTACLE
A container suitable for the depositing of litter.
[Added 2-1-2006 by Ord. No. 2-06]
NEWSPAPER
Any newspaper of general circulation defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation and any newspaper filed and recorded with any recording office as provided by general law. In addition thereto, "newspaper" means and includes any periodical or 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, circular, dodger, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copy of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
PARK
A park, reservation, playground, beach, recreation center or any other public areas in the Township owned or used by any public agency and devoted to recreation purposes.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
[Added 2-1-2006 by Ord. No. 2-06]
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, grounds, walks, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling, house or building or other structure.
PUBLIC PLACE
Includes all streets, sidewalks, boulevards, alleys or other public ways 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, specifically including abandoned furniture and household equipment and scrap building materials.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cigars and tobacco wastes, cardboard, tin cans, yard or garden or lawn clippings, leaves, wood, glass, bedding, crockery and similar materials.
VEHICLE
Every device in, 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.

§ 313-2 Littering in public places.

No person shall throw or deposit litter in or upon any street, sidewalk or other public place except in public receptacles or in authorized receptacles for collection or in official Township disposal areas.

§ 313-3 Sweeping of litter into gutters.

A. 
No person shall sweep into or deposit in any gutter, street or other public place the accumulation of litter from an building or lot or from any public or private sidewalk or driveway.
B. 
No person who owns or occupies a place of business shall sweep into or deposit in any gutter, street or other public place the litter from any building or lot or from any public or private sidewalk or driveway.

§ 313-4 Responsibility for clearing litter from sidewalks.

A. 
Every person who owns or occupies property shall keep the sidewalk in front of his premises free of litter.
B. 
Every person who owns or occupies a place of business shall keep the sidewalk in front of his business premises free of litter.
C. 
The owner, tenant or occupant referred to in Subsections A and B of this section shall be guilty of a violation of this section if such owner, tenant or occupant had actual notice of the presence of the litter and fails or refuses to correct the condition within a reasonable time thereafter or if the litter remains on the premises or on the sidewalk in front of the premises for a sufficiently long period of time to give rise to constructive notice of its presence.

§ 313-5 Litter thrown from vehicles.

No person shall throw or deposit litter from a vehicle upon any street or other public place.

§ 313-6 Litter and mud from commercial vehicles.

A. 
No person shall drive or move any truck or other commercial vehicle unless the vehicle is so constructed or loaded as to prevent any litter from being blown or deposited upon any street, alley or other public place or other private premises.
B. 
No person shall drive or move any commercial vehicle or truck if the wheels or tires carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances or foreign matter of any kind.

§ 313-7 Litter in parks.

No person shall throw or deposit litter in any park except in public receptacles and in such a manner as to prevent such litter from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all litter shall be carried from the park by the person responsible for its presence and shall be properly disposed of elsewhere.

§ 313-8 Litter in fountains and water bodies.

[Amended 12-19-2007 by Ord. No. 27-07]
No person shall throw or deposit litter, including leaves and other vegetative or yard waste, in any fountain, pond, lake, stream, bay or any other body of water.

§ 313-9 Throwing or distributing handbills in public places.

A. 
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place.
B. 
No person shall hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be deemed unlawful for any person to hand out or distribute, without charge to the receiver thereof, in any sidewalk, street or other public place any noncommercial handbill to any person willing to accept it.

§ 313-10 Placing handbills on vehicles.

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

§ 313-11 Handbills on vacant private premises.

No person shall throw or deposit any handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

§ 313-12 Handbills on sign posted private premises.

No person shall throw, deposit or distribute any handbill in or upon any private premises if requested by anyone in or upon such a premises not to do so or if there is placed on said premises in conspicuous position near the entrance thereof a sign bearing the words, "no trespassing," "no peddlers or agents," "no advertisement" or any similar notice indicating that the occupants of said premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises.

§ 313-13 Distribution of handbills at inhabited private premises; exceptions.

No person shall throw, deposit or distribute any handbill in or upon private premises which are inhabited except by handing or transmitting such handbill directly to the owner, occupant or other person then present, except as hereinafter provided. A person, unless requested by anyone upon the premises not to do so, may place or deposit any such handbill in or upon inhabited private premises if the premises are not posted as provided in § 313-12 and the handbill is placed or deposited so as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public places or private premises. Mailboxes may not be so used when prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers as defined in § 313-1; provided, however, that newspapers shall be placed on private premises in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or any other public place or upon private property.

§ 313-14 Dropping litter from aircraft.

No person while in an aircraft shall throw out, drop or deposit upon or within the Township any litter, handbill or any other object.

§ 313-15 Posting of notices on public structures.

No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamppost, public utility pole or shade tree or upon any public structure or building or upon any official traffic control devices as defined in N.J.S.A. 39:1-1, except as may be authorized or required by law.

§ 313-16 Litter on occupied private property; receptacles for collection.

No person shall throw or deposit litter on any occupied private property, whether owned by him or not, except that the owner or person in control of the private property shall maintain authorized private receptacles for collection in such a manner that litter will not be carried or deposited by the elements upon any other public place or upon any private property. The authorized receptacles shall be maintained in such a manner that they will not be unsightly and detrimental to the surrounding neighborhood.

§ 313-17 Maintenance of premises free of litter.

The owner or person in control of any private property shall all times maintain the premises free of litter. This section shall not be construed to prohibit the storage of litter in authorized private receptacles for collection.

§ 313-18 Litter on vacant lots.

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

§ 313-19 Removal from private property by Township.

A. 
Notice to remove. The Township Engineer or his duly designated agent or the Health Officer of the Township is authorized and empowered to notify the owner of any open or vacant private property, or the tenant or agent of such owner, to dispose properly of litter located on such owner is property which is dangerous to the public health, safety or welfare. Notice shall be by registered or certified mail, return receipt requested, addressed to said owner or his agent or tenant at his last known address, or served personally upon said owner, tenant or agent.
B. 
Action upon noncompliance. Upon failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of said litter within 10 days after receipt of a written notice specified in Subsection A of this section, or within 10 days after the date of such notice in the event that it is returned to the Township by the Post Office Department because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner, tenant or agent, the Township Engineer or his duly designated agent, or the Health Officer or his duly designated agent, is authorized and empowered to dispose of such litter, and the cost thereof shall be certified to the Council.
C. 
Action by Council. If the Council, after examining the certificate, finds the cost to be correct, it shall cause the cost to be charged against said land as set forth in N.J.S.A. 40:48-2.14. Such charge shall 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 such 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.

§ 313-20 Enforcement.

The provisions of this chapter shall be administered and enforced by licensed inspectors of the Department of Health and Welfare of the Township and all members of the Police Department of the Township, and said officials are specifically charged with the duty to enforce this chapter and, to that end, to make and sign complaints for violations in the Municipal Court of the Township.

§ 313-21 Violations and penalties.

[Amended 2-20-1991 by Ord. No. 2-91; 6-14-2006 by Ord. No. 16-06]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $2,000 or imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.