[HISTORY: Adopted by the Mayor and Council
of the Borough of Paulsboro 12-3-2002 by Ord. No. 25.02.[1]]
GENERAL REFERENCES
Advertisements and printed matter — See Ch. 2.
Garbage and rubbish — See Ch. 38.
Lot maintenance — See Ch. 42.
Nuisances — See Ch. 44.
[1]
Editor's Note: This ordinance also repealed
former Ch. 40B, Littering, adopted 5-17-1988 by Ord. No. 0.2.88.
This chapter shall be known and may be cited
as the "Anti-Litter Ordinance" of the Borough of Paulsboro.
A.
BOROUGH
GARBAGE
LITTER
LITTER RECEPTACLE
PERSON
PRIVATE PREMISES
PUBLIC PLACE
PUBLIC STRUCTURE or BUILDING
REFUSE
RUBBISH
Definitions. For the purpose of this chapter, the
following terms, phrases, words and their derivations shall have the
meanings indicated:
The Borough of Paulsboro, New Jersey.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food or any such
related activity.
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 11-14-2005 by Ord. No. 17.05]
A container suitable for the depositing of litter.
[Added 11-14-2005 by Ord. No. 17.05]
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
[Amended 11-14-2005 by Ord. No. 17.05]
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, ground, public or private walks, driveway,
porch, steps or vestibule belonging or pertinent to such dwelling
house, building or other structure.
Any and all streets, sidewalks, alleys or other public ways
and any and all public parks, squares, spaces, grounds and buildings,
playgrounds and library facilities.
Any structure or building owned or operated by the federal,
county or state government or any other governmental agency.
All putrescible solid waste, including human body waste,
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
motor vehicles, dismantled motor vehicles and parts thereof, tires,
scrap metal, junk, machinery and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper wrappings, cigarettes, cardboard,
tin cans, glass, bedding, crockery, bottles, packing materials, buildings
materials and all other similar materials.
B.
Word usage. When not inconsistent with the context,
words used in the present tense include the future, words 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.
[Amended 11-14-2005 by Ord. No. 17.05]
It shall be unlawful for any person to throw,
drop, discard or otherwise place any litter of any nature upon public
or private property other than in a litter receptacle, or having done
so, to allow such litter to remain.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such a manner
and in such containers as will prevent it from being carried or deposited
by the elements or by animals upon any street, sidewalk or other public
place or upon private property.
It shall be the duty of the owner, lessee, tenant,
occupant or person in charge of any public structure or building or
private or commercial premises to keep and cause to be kept the sidewalk
and curb abutting the building or structure free from litter, obstruction,
or nuisances of every kind, and to keep sidewalks, areaways, backyards,
courts and alleys free from litter and other offensive material. 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 sweepings shall be collected and properly containerized for disposal.
[Amended 11-14-2005 by Ord. No. 17.05]
Whenever any litter is thrown or discarded or
allowed to fall from a vehicle or boat in violation of this ordinance,
the operator or owner, or both, of the motor vehicle or boat shall
also be deemed to have violated this ordinance.
No persons shall drive or move any truck, motor
vehicle or other vehicle within the Borough unless such vehicle is
so constructed or loaded as to prevent any load or contents or litter
from being blown or deposited upon any street, alley or other public
or private place. Further, no person shall drive or move any truck,
motor vehicle or other vehicle within the Borough, the wheels or tires
or any portion of which carry onto or deposit in any street, alley
or other public or private place mud, dirt, sticky substances or foreign
matter of any kind.
No person shall throw or deposit litter in any
lake, pond, pool, river, stream or fountain or any other body of water
in a public or private place within the Borough.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any vehicle; provided, however,
that it shall not be unlawful in any public place for a person to
hand out or distribute without charge to the receiver thereof of a
noncommercial handbill to any occupant of a vehicle who is willing
to accept it and who does accept it.
No persons shall throw, deposit or distribute
any commercial or noncommercial handbill in or upon any private premises
which are temporarily or continuously uninhabited or vacant.
No persons shall throw, deposit or distribute
any commercial or noncommercial handbill upon any private premises
if requested by anyone thereon not to do so, or if there is placed
on the premises in a conspicuous position near the entrance thereof
a sign bearing the words "No trespassing," "No peddlers or agents,"
"No advertisement" or any similar notice, indicating in any manner
that the occupants or owners 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.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill in or upon private premises
which are inhabited except by handing or transmitting any such handbill
directly to the owner or occupants or other person then present in
or upon such premises; provided, however, that in case of inhabited
private premises which are not posted as provided in this chapter,
such person, unless requested by anyone upon such premises not to
do so, shall have the authority to place or deposit any such handbill
in or upon such inhabited private premises, if such handbill is so
placed or deposited in a manner to be secure and to prevent such handbill
from being blown or drifted about such premises or sidewalks, streets
or other public places, and except that mailboxes may not be used
when so prohibited by federal postal law or regulations. The provisions
of this section shall not apply to the distribution of United States
mail nor to the deposit or delivery of newspaper which has been subscribed
for in advance by the owner or occupant or for which said deposit,
distribution or delivery to which the owner or occupant has previously
consented in writing.
No person in any aircraft shall throw out, drop
or deposit within the Borough any litter, handbill or other object.
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, shade tree or upon any
public or private structure or building except as may be authorized
by the owners or occupants thereof or as authorized or required by
law.
No person shall throw, deposit or store litter
on any occupied private property within the Borough, whether owned
by such person or not, except that the owner or person in control
of the private property may maintain authorized private receptacles
for collection and removal of litter in such manner that the litter
shall not be unsightly and detrimental to the surrounding neighborhood
or be a danger to public health, safety and welfare.
The owner, occupant or person in control of
any private property shall at all times maintain the premises free
of litter; provided, however, that this section shall not prohibit
the storage of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any
open or vacant private property within the Borough, whether owned
by such person or not.
Any person violating or failing to comply with
any of the provisions of this chapter shall, upon conviction thereof,
be subject to a fine of $100 for the first offense, $200 for the second
offense within six months after the first offense, and not exceeding
$1,000 or imprisonment of no more than 30 days in the county jail
for a third or subsequent offense within six months of the last offense.
Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such hereunder.
[Added 11-14-2005 by Ord. No. 17.05]
The provisions of this chapter shall be enforced
by the Police Department and/or the Code Enforcement Officer of the
Borough of Paulsboro.
[Added 11-14-2005 by Ord. No. 17.05]
Each section, subsection, sentence, clause and
phrase of this ordinance is declared to be an independent section,
subsection, sentence, clause and phrase, and the finding or holding
of any such portion of this ordinance to be unconstitutional, void,
or ineffective for any cause or reason shall not affect any other
portion of this ordinance.
