[HISTORY: Adopted by the Mayor and Council of the Borough of Highland Park as indicated in article histories. Amendments noted where applicable.]
Article I General Regulations
Article II Distribution of Unsolicited Printed Matter
[Adopted by Ord. No. 955 (§§ 3-1.1 to 3-1.15 and 3-1.17 to 3-1.22 of the 1987 Code)]
Prohibiting litter and other unsightly and unhealthy materials from being placed or strewn on the streets, sidewalks and other areas of the Borough used by the public, will enhance and promote the Borough and help to maintain the Borough as a desirable place to live and work.
The enforcement of appropriate anti-litter measures will promote the public health and safety of the Borough residents and others who work in or visit the Borough.
This article shall be known and cited as "The Highland Park Anti-Litter Ordinance."
As used in this article, the following terms shall have the meaning indicated:
- 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 copies of any matter of literature:
- A. Which advertises any service, merchandise, product, commodity or thing for sale;
- B. Which 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. Which directs attention to or advertises any meeting, theatrical performance, exhibition of event of any kind for which an admission fee is charged for the purpose of gain or profit. The terms of this clause shall not apply where an admission fee is charged or 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 clause 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 a law of this state or the Code of this Borough; or
- D. Which 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.
- Putrescible animal and vegetable waste resulting from either the handling, preparation, cooking or consumption of food.
- Include both commercial handbills and noncommercial handbills, as such terms are defined in this article.
- Garbage, refuse and rubbish as such are defined herein and all other waste materials, including but not limited to dirt and/or construction debris from a noncontiguous site which, if thrown or deposited as herein prohibited, tend to create a danger to public health, safety and welfare.
- Any newspaper of general circulation as 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 recycling office as provided by federal 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 mailer, any sample or device, circular, dodger, 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 definitions of a commercial handbill or newspaper.
- A park, reservation, playground, beach, recreation center or any other public areas in the Borough, owned or used by any public agency and devoted to recreation purposes.
- PRIVATE PREMISES
- Any dwelling house, building or other structure designed or used either wholly or in part for residential purposes, whether inhabited or vacant, and shall include any yard, grounds, walks, driveway, porch, steps, vestibules or mailbox belonging to or appurtenant to such dwelling house, or building or other structure.
- PUBLIC PLACE
- Include all streets, sidewalks, backyards, alleys or other public walkways and all public parks, squares, spaces, docks, grounds and buildings.
- All putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned vehicles and boats, discarded vehicle parts, solid market and industrial waste, specifically including abandoned furniture, household equipment, scrap building materials and other such similar items.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as papers, scrappings, cigarettes, cigars and tobacco, waste cardboard, tin cans, yard, garden or lawn clippings, leaves, wood, glass, bedding, crockery, rags, plastics, rubber, metal and similar materials.
- 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.
No person shall sweep, throw, deposit or dump litter in or upon any street, sidewalk or other public place, except in public receptacles or in private receptacles for collection in official Borough disposal areas.
[Added by Ord. No. 1205]
Litter receptacles and their servicing are required at the following public places which exist in the municipality. 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 stations 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 shall be placed in private receptacles in such manner as to prevent it from being scattered, carried or deposited by the elements upon any street, sidewalk or other public or private premises.
Litter, other than garbage, shall be placed in public receptacles or in private receptacles.
Branches, clippings, shrubs, and the like in excess of 15 inches in length but not greater than five feet in length, and not in excess of 50 pounds in weight, may be placed at the curb for pick up if securely tied in bundles so as to prevent their being scattered, carried or deposited by the elements upon any street, sidewalk or other public or private place or premises.
No person shall sweep into or deposit in any gutter, street or other public place the accumulation of litter from any building or lot or from any public or private sidewalks or driveway. Every person who owns or occupies property shall keep the sidewalk and gutter within two feet of the curb free of litter in front of his premises.
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. Every person who owns or occupies a place of business shall keep the sidewalk and public street in front of his business premises free of litter.
No person shall throw or deposit litter from a vehicle upon any street or other public place or upon any private premises or vacant land.
No person shall drive or move any truck or other commercial vehicle unless the vehicle is so constructed or loaded as to prevent litter from being blown or deposited upon any street, alley or other public place or private premises. No person shall drive or move any vehicle or truck if the wheels or tires carry onto, deposit in any street, alley or other public place, mud, dirt, sticky substances or foreign matter of any kind from any other place other than the traveled portion of a public street or alley.
No person shall throw or deposit litter in any park except in public receptacles and in such 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.
No person shall throw or deposit litter in any river, fountain, lake, pond, stream, bay or any other body of water.
No person shall throw or deposit any handbill in or upon any sidewalk, street or other public place.
No person shall hand out or distribute or sell handbills 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 places, any handbill to any person who is willing to accept it.
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 receiver thereof, in any public place, a handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute any handbill in or upon any private premises:
If requested by anyone in or upon the premises not to do so; or
If there is posted on the premises in a conspicuous position near the entrance thereof a sign bearing the words "No Handbills," "No Trespassing," "No Peddlers or Agents," "No Advertisement," or similar notice indicating that the occupants of the premises do not desire to be molested or have their right to privacy disturbed or to have any such handbills left upon such premises.
No person shall post or affix any notice, poster, or other paper or device, calculated to attract the attention of the public to any public lamp post, public utility pole, shade tree or upon any public or private structure or building, or upon any official traffic control devices, except as may be authorized or required by law.
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 private property shall maintain 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 private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter. This section shall not be considered to prohibit the storage of litter in private receptacles for collection.
No person shall throw or deposit litter in any open or vacant private property whether owned by such person or not.
Notice to remove. All members of the Police Department, the Health Inspector for the Borough and any other person authorized by resolution of the governing body are authorized and empowered to notify the owner of any private premises or vacant land, or the tenant or agent of such owner to dispose properly of litter located on such owner's property which is dangerous to public health, safety or welfare. Notice shall be by registered or certified mail, return receipt requested, addressed to said property owner or his agent or tenant at his last known address, or served personally upon the owner, tenant or agent.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of the 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 it is returned to the Borough by the post office department because of inability to make delivery thereof, provided the notice was properly addressed to the last known address of the owner, tenant or agent, the Health Inspector or his duly designated agent is authorized and empowered to pay for disposing of such litter or to order its disposal by the Borough.
When the Borough has effected the removal of dangerous litter or has paid for its removal, the actual cost thereof shall, unless paid by the owner prior thereto, be charged to the owner of the property on the next regular tax bill forwarded to the owner by the Borough. The charge shall be due and payable by the owner at the time set for payment of the tax bill.
Where the full amount due the Borough is not paid by the owner within 30 days after the disposal of such litter as specified in Subsections A and B of this section, then, and in that case, the Health Inspector shall certify the cost thereof to the Borough Council which shall examine the certificate and if found to be correct shall cause the cost as shown thereon to be charged against the land. The amount so charged shall constitute a lien against the property and shall remain in full force and effect for the amount due in payment of removal and interest and costs of court, if any, for collection until final payment is made. The costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquency penalty at the same rate as in the case of taxes. The certification of the Health Inspector in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that all work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
Any person who violates any provisions of this article shall, upon conviction thereof, be punished by a fine of at least $25 but not more than $500 or by imprisonment for a term not to exceed 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
All members of the Police Department, the Health Inspector and the Superintendent of Public Works are authorized and empowered to issue warnings and summons for violations of this article.
The principal purpose of this article is to secure compliance with the term of the section and thus improve conditions of cleanliness and order within the Borough. Accordingly, for a first violation of this article a summons shall be issued as a warning in lieu of a summons for the purpose of requiring appearance in court and prosecution for the violation alleged; any summons issued as a warning for a first offense shall be marked "Warning Only — First Offense — No Court Appearance Required." A record shall be made of each summons issued for violations of this article whether the same are issued for purposes of prosecution or as a warning for first offense.
[Adopted 5-1-2007 by Ord. No. 07-1724]
It shall be unlawful for any person to deliver or deposit or for any person, firm or corporation to cause the delivery or deposit of any unsolicited newspapers, shoppers and other like printed matter to or upon any private premises within the Borough of Highland Park, except in accordance with the terms hereof. For the purposes of this article, "unsolicited" shall mean the unsolicited newspapers, shoppers and other like printed matter which has not been ordered, subscribed to or requested by the recipient.
Such unsolicited newspapers, shoppers and other like printed matter shall be placed on the ground or floor at the place where the premises receives its mail or within a three-foot radius of that point. The unsolicited newspapers, shoppers and other like printed matter shall clearly state the name and address of the contact person to whom a written notice by certified mail, return receipt requested, may be sent requesting that such delivery of the unsolicited newspapers, shoppers and other like printed matter be ceased or canceled.
There shall be no intentional delivery of any such unsolicited printed matter to premises after the owner or tenant of such premises has notified the contact person referred to in § 253-24 hereof, by certified mail, return receipt requested, at the address so indicated, that such delivery shall cease or be suspended for a stated period of time. For the purposes of condominiums or other common properties, notification must come from the individual unit owner or tenant.