[HISTORY: Adopted by the Mayor and Council of the Borough
of Fanwood 12-27-1990 by Ord. No. 90-16R. Amendments noted where
applicable.]
As used herein, the following terms shall have the meanings
indicated:
Putrescible animal and vegetation waste resulting from the
handling, preparation, cooking and consumption of food.
Any sample, device, circular, leaflet, pamphlet, newspaper,
magazine, paper, booklet or other printed or otherwise reproduced
original or copy of any printed, illustrated, written or pictorial
matter.
Garbage, refuse and rubbish and all other waste material,
which, if thrown or deposited, in other than authorized receptacles.
Open green space, playground, recreation center or any other
public area in the Borough, owned or used by the Borough, county,
Board of Education or other public body and devoted to active or passive
recreational purposes.
All putrescible and nonputrescible solid wastes (except body
waste), including garbage, rubbish, ashes, street cleanings, dead
animals, animal feces or excremental matter, abandoned automobiles
or any parts thereof and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, but not limited to stones, glass, sticks,
paper, rags, straw, wood, rocks, dirt, dust, sidewalk sweeping, turf,
sand, debris, junk, automobile bodies, framework, chassis, abandoned
automobiles, or any combination of the same, ashes, wrappings, cigarettes,
cardboard, tin cans, aluminum, plastics, yard clippings, leaves, bedding,
crockery and similar materials.
A.
No person shall throw, place, deposit or cause to be thrown, placed or deposited litter, rubbish or any dangerous or offensive substances in or upon any public place except in a public receptacle or in an authorized private receptacle for private collection except as set forth in § 235-13.
[Amended 12-28-1998 by Ord. No. 98-18R]
B.
A public receptacle shall not be used for the deposit of garbage.
C.
A public receptacle shall not be used for the disposal of any form
of animal waste.
D.
A public receptacle shall not be used for the disposal of a person's
household or business refuse.
No person shall throw or cause to be thrown litter or any dangerous
or offensive substance at a car, vehicle, house, building or fence.
A person placing litter in public receptacles or in private
receptacles shall do so in a manner so as to prevent it from being
blown, carried or deposited by the elements upon public places or
private property. It shall be unlawful for any residential, commercial
or industrial property owner to permit open or overflowing private
receptacles.
[Amended 2-11-1999 by Ord. No. 99-03R]
No person shall throw 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 sidewalk or driveway, including but not limited to any litter intended to be picked up as part of any cleanup program sponsored by the Borough, except as set forth in § 235-13. Persons owning or occupying property shall keep the sidewalks in front of such premises free of litter. All litter sweepings shall be collected and properly containerized for disposal.
[Amended 12-28-1999 by Ord. No. 99-25R]
A.
No person shall throw or deposit litter upon a public or private
place from a vehicle, including but not limited to any persons throwing
or depositing such litter during any period designated by the Borough
as part of a cleanup program, unless the person owns or occupies the
private place and the litter has not been brought to the location
by a third person to be picked up as part of the cleanup program.
B.
No person shall throw, place, dump or deposit any ashes, garbage,
cinders, shells, straw, shavings, grass, shrub or tree trimmings,
dirt, dirty water, filth or rubbish of any kind whatever or allow
or permit any dirt, ashes, garbage, coal, crushed stone or similar
substances to fall or scatter from any truck, wagon or any other vehicle
in or upon any street or public place.
C.
No person being the owner of or in charge of or in control of any
vehicle carrying manure, ashes, garbage, rubbish or other substance
which is liable to be scattered or blown about shall operate said
vehicle on any street in the Borough unless said vehicle is securely
covered so as to prevent such substances from being blown about or
scattered.
D.
No person shall drive or move a truck or other vehicle unless the
vehicle is so constructed, loaded or covered as to prevent any load
or contents of litter from being blown or deposited upon any public
or private place.
E.
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, shifting,
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 on public property, shall immediately cause the public property
to be cleared of all such materials and shall pay the costs thereof.
No person shall throw, place, deposit or permit to be thrown,
placed or deposited upon any public or private lot litter of any description
unless such litter is placed by the owner of the private lot for the
purpose of participating in a cleanup program sponsored by the Borough,
except that no litter can be brought to the private lot by any third
person for the purpose of having such litter picked up as part of
said cleanup program.
No person shall throw or deposit litter on any private property,
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.
A.
The owner or person in control of private property shall maintain
the premises free of litter at all times.
B.
This section shall not prohibit the storage of litter in private
receptacles for collection. A private receptacle is not to be larger
than 50 gallons' capacity.
[Amended 12-28-1999 by Ord. No. 99-25R]
No person shall throw or deposit litter in any fountain, pond,
lake, stream, detention basin or any other body of water, natural
or artificial, in a park or elsewhere.
No person shall throw or deposit litter in any park except in
public receptacles and in such a manner that the litter will be prevented
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 such litter shall be carried away from the park
by the person responsible for its presence and properly disposed of
elsewhere as provided herein.
[Amended 5-14-2002 by Ord. No. 02-04R]
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 material of any kind in or on any street, sidewalk,
building, lot or vehicle within the community in such a manner that
it is likely to be removed by natural forces.
[Amended 12-28-1999 by Ord. No. 99-25R]
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. In no event should any such receptacle remain on site for
longer than 30 days without special permission of the Construction
Official. The receptacle should not be in the street but should be
placed on private property and not in front of the building.
[Amended 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R]
Any person violating any provision or section of this chapter
shall, upon conviction, be subject to a fine not to exceed $2,000
or a jail term up to 90 days and/or be required to perform community
service for a period not exceeding 90 days.
