[HISTORY: Adopted by the Town Council of
the Town of Phillipsburg 6-17-1986 by Ord. No. O:86-19
(Ch. 35A of the 1969 Code). Amendments noted where applicable.]
The following definitions shall apply in the
interpretation of this chapter:
Any contrivance now known or hereafter invented, used or
designed for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
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
which:
Advertises for sale any merchandise, product,
commodity or service.
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.
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 private gain or profit,
but the terms of this clause shall not apply where an admission fee
is charged or a collection is taken up for the purpose of defraying
the expenses incidental to any meeting, theatrical performance, exhibition
or event of any kind.
Any putrescible animal and vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
Any substance or waste material which has been discarded,
whether made of aluminum, glass, plastic, rubber, paper or any 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, 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 extracting processes, logging, sawmilling,
farming or manufacturing.
[Amended 2-21-1989 by Ord. No. O:89-6]
Any newspaper of general circulation, whether the same is
paid or free, or whether it is primarily designed to report the news
or as a form of commercial advertising, which is either delivered
locally or through mails. It is intended that this definition of "newspaper"
be given a broad interpretation to cover all local, regional, statewide
or national newspapers.
Any printed or written matter, any sample or device, dodger,
circular, 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.
Any park, reservation, playground, beach, recreation center
or any other public area in the Town, owned or used by the Town and
devoted to active or passive recreation.
Any natural person, firm, partnership, association, corporation,
company, public utility or organization of any kind.
All newspapers, shoppers, circulars, leaflets, flyers, handbills,
commercial and noncommercial and all similar materials.
[Added 2-4-2020 by Ord. No. O:2020-03]
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, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Any privately owned or occupied lands or premises, including
property owned or occupied by any public utility.
Any and all streets, sidewalks, alleys or other public ways,
and all public parks, squares, spaces, grounds and buildings.
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.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
The printed matter referred to herein which has not been
ordered, subscribed to or requested by the recipient.
[Added 2-4-2020 by Ord. No. O:2020-03]
No person shall leave, throw, store or deposit
litter in or upon any street, sidewalk or other public place within
the Town except in public receptacles or in authorized private receptacles
for collection.
[Amended 2-21-1989 by Ord. No. O:89-6]
Persons placing litter in public receptacles
or in private authorized commercial, residential or industrial receptacles
and solid waste disposal bins shall do so in such a manner as to prevent
it from being carried or deposited by the elements upon any street,
sidewalk or other public place or upon private property.
No person shall sweep into or deposit in any
gutter, street or other public place within the Town the accumulation
of litter from any building or lot or from any public or private sidewalk
or driveway. Nothing herein shall prevent the sweeping of leaves into
the street during the periods officially designated as periods for
the collection of such leaves. Persons owning or occupying property
shall keep the sidewalk in front of their premises free of litter.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the Town the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons
owning or occupying places of business within the Town shall keep
the sidewalk in front of their business premises free of litter.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street or other public
place within the Town, or private property.
A.Â
No person shall drive or move any truck or other vehicle
within the Town unless such vehicle is so constructed or loaded as
to prevent any load, contents or litter from being blown or deposited
upon any street, alley or other public place.
B.Â
No person shall drive or move any vehicle or truck
within the Town, the wheels or tires of which carry onto or which
deposit in any street, alley or other public place mud, dirt, sticky
substances, litter or foreign matter of any kind.
No person shall throw or deposit litter in any
park within the Town 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.
A.Â
Sidewalks and other public places. No person shall
throw or deposit any handbill in or upon any sidewalk, street or other
public place within the Town. This provision shall not be construed
as prohibiting the distribution of handbills to persons willing to
accept the same.
B.Â
Depositing handbills on uninhabited or vacant premises.
No person shall throw or deposit any handbill in or upon any private
premises which are temporarily or continuously uninhabited or vacant.
C.Â
Distribution of handbills prohibited where properly
posted. No person shall throw, deposit or distribute any handbill
upon any private premises if requested by anyone thereon not to do
so, or if there is posted on said premises in a conspicuous place
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 of said premises do not
desire to have their right of privacy disturbed or to have any such
handbills left upon the premises.
D.Â
Distribution of handbills at inhabited private premises.
Handbills shall be distributed to inhabited private premises which
are not posted as provided in this chapter, provided that said handbills
are placed or deposited in such a manner as to secure or prevent such
handbill from being blown or drifted about the premises, sidewalks,
streets or other public places, and except to the extent that mailboxes
may not be so used when prohibited by federal postal laws or regulations.
The provisions of this subsection shall not apply to the distribution
of mail by the United States Postal Service, nor to newspapers; provided,
however, that newspapers shall be placed on private property in such
a manner so as to prevent their being carried or deposited by the
elements upon any street, sidewalk or other public place or upon private
property.
E.Â
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 in any public place for a person to
hand out or distribute without charge to the receiver thereof, a handbill
to any occupant of a vehicle who is willing to accept it.
[Added 2-4-2020 by Ord. No. O:2020-03]
No person shall throw or distribute any printed material in
or upon any sidewalk, street or other public place within the Town
of Phillipsburg or in or upon any unoccupied motor vehicle.
[Added 2-4-2020 by Ord. No. O:2020-03]
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 printed material to or upon any private premises
within the Town of Phillipsburg, except in accordance with the terms
hereof.
[Added 2-4-2020 by Ord. No. O:2020-03]
Printed matter may be delivered to private premises when delivered
in accordance with the following:
A.Â
Printed
matter shall be placed only within a permanently installed appurtenance
to the premises designed and designated for the receipt of such printed
matter, or if there is none, it shall be placed on the ground or floor
at a point beneath the place where such premises receives its mail
or within a three-foot radius of that point.
B.Â
Printed matter which plainly bears upon it an address to which a written notice indicating the recipient's desire to cease future delivery of the particular item of printed matter may be sent, may at all times be delivered to private premises unless delivery is prohibited pursuant to the terms of § 369-9.4.
[Added 2-4-2020 by Ord. No. O:2020-03]
It shall be a violation of this chapter when unsolicited printed matter is intentionally delivered to a private premises after the owner or tenant of said premises has notified the publisher or the delivery person, or in the case of printed matter referred to in § 369-9.3B hereof, after the owner or tenant of the premises has provided notice by certified mail, return receipt requested, at the address so indicated, that delivery shall cease or be suspended for a stated period of time.
No person in an aircraft shall throw out, drop
or deposit within the Town 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 lamp post, public utility pole, shade tree or upon any
public structure or building, except as may be authorized or required
by law.
No person shall throw or deposit litter on any
private property within the Town, 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.
The owner or person in control of any private
property shall at all times maintain the premises free of litter.
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 Town, whether owned by
such person or not.
[Amended 4-17-1990 by Ord. No. O:90-6; 12-18-2007 by Ord. No. O:2007-24]
A.Â
The Building Inspector or authorized representative
is authorized to notify the owner of any property within the Town
or the agent of such owner to properly dispose of litter located on
such owner's property which is dangerous to public health, safety
or welfare. Such notice shall be sent by certified mail, return receipt
requested, and/or posted on the property.
B.Â
In the event that the owner or agent fails to comply
with such notice within five days after receipt of written notice
or five days after notice was posted on the property, the Building
Inspector or authorized representative shall authorize the removal
of said litter. The property owner shall be billed by the Town of
Phillipsburg for all expenses incurred for the removal of said litter
at a minimum cost of $250. Failure to pay for billed expenses shall
constitute a valid assessment against such lands and shall be duly
certified to the governing body, which shall examine the certified
and, if found correct, shall cause the cost as shown thereon to be
charged against said lands. The amount so charged shall become a lien
upon such lands and shall be added to and become and form a part of
the taxes next to be assessed and levied upon such lands. If the Building
Inspector or authorized representative deems the existing condition
as an immediate health or safety problem, the removal shall be ordered
immediately. If the owner or agent refuses to comply, the Town shall
effect the removal at the expense of the owner.
[Added 2-21-1989 by Ord. No. O:89-6]
A.Â
Litter receptacle placement and servicing by the Department
of Municipal Services is 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,
and parks, buildings and lands held out for use by the public, including
schools and government buildings.
[Amended 6-6-2006 by Ord. No. O:2006-24]
B.Â
For railroad and bus stations, drive-in restaurants,
all street vendor locations, self-service refreshment areas, construction
sites, gasoline service stations islands, shopping centers, parking
lots, and at special events to which the public is invited, including
sporting events, parades, carnivals, circuses and festivals, the owners
or lessees of these places or the sponsors of these events shall be
responsible for providing and servicing the receptacles.
[Added 2-21-1989 by Ord. No. O:89-6]
It shall be the duty, severally and equally,
of the owner, lessee, tenant, occupant or person in charge of any
structure to keep and cause to be kept the sidewalk, curb and gutter
abutting the structure free from obstruction or nuisances of every
kind and to keep sidewalks, areaways, backyards, courts and alleys
free from litter. No person shall sweep into or deposit into 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, curb and gutter
in front and in rear of his or her premises free of litter. All sweepings
shall be collected and properly containerized for disposal.
[Added 2-21-1989 by Ord. No. O:89-6]
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 after 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 debris or trash at construction areas and
to maintain and empty the receptacles in such a manner and with such
frequency as to prevent spillage of refuse.
