[HISTORY Adopted by the Township Committee (now Township Council)
of the Township of River Vale 11-13-1969 (Ch. 45 of the
1967 Code). Amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein. When not inconsistent
with the context, words used in the present tense include the future, words
used 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.
Any contrivance now known or hereafter invented, used or designated
for navigation or for flight in the air. The word "aircraft" shall include
helicopters and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle as required and authorized
in the ordinance regulating the disposal of garbage and waste matter in the
Township of River Vale.
[1]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 or literature:
Which advertises for sale any merchandise, product, commodity or thing;
or
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; or
Which 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 subsection shall
not 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 either of the same is held,
given or takes place in connection with the dissemination of information which
is not restricted under 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 any law of this state, or under
any ordinance of this Township; or
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 wastes resulting from the handling,
preparation, cooking and consumption of food.
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 4-11-2005 by Ord. No. 110-2005]
A container suitable for the depositing of litter.
[Added 4-11-2005 by Ord. No. 110-2005]
Any newspaper of general circulation, as defined by general law,
any newspaper duly entered with the United States Postal Service, in accordance
with federal statute or regulation, and any newspaper filed and recorded with
any recording officer as provided by general law; and, in addition thereto,
shall mean and include any periodical or current magazine regularly published
with no less than four issues per year, and sold to the public.
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 or literature not
included in the aforesaid definitions of a commercial handbill or newspaper.
A park, reservation, playground, beach, recreation center or any
other public area in the Township, owned or used by the Township and devoted
to active or passive recreation.
Any individual, corporation, company, partnership, firm, association
or political subdivision of this state subject to municipal jurisdiction.
[Amended 4-11-2005 by Ord. No. 110-2005]
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 and all streets, sidewalks, boulevards, alleys or other public
ways and any and all public parks, squares, spaces, grounds, malls 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.
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 Township of River Vale.
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 throw or deposit litter in or upon any street, sidewalk,
mall or other public place within the Township except in public receptacles,
in authorized private receptacles for collection or in official Township dumps.
This shall not, however, exclude the dumping of garden debris in the public
dump, as specified and at times specified by the Township Council.
Persons placing litter in public receptacles or in authorized private
receptacles shall do so in such a manner as to prevent it from being carried
or deposited by the elements upon street, sidewalk or other public place or
upon private property.
No person shall sweep into or deposit in any gutter, street, mall or
other public place within the Township the accumulation of litter from any
building or lot or from any public or private sidewalk or driveway. Persons
owning or occupying property shall keep the sidewalk in front of their business
premises free of litter.
[Amended 9-15-1977 by Ord. No. 0-11-77]
No person owning, occupying or in control of any commercial place, including
parking and delivery areas or areas of common use in a shopping center, shall
sweep into or deposit in any gutter, street, mall or other public place within
the Township the accumulation of litter from any building or lot or from any
public or private sidewalk or driveway. In addition, the owner or occupant
of any commercial place shall keep said premises, parking areas, delivery
areas and other adjacent areas which are a part of such commercial place free
from 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 Township,
or upon private property.
No person shall drive or move any truck or other vehicle within the
Township 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,
mall or other public place. Nor shall any person drive or move any vehicle
or truck within the Township, the wheels or tires of which carry onto or deposit
in any street, alley, mall or other public place mud, dirt, sticky substances,
litter or foreign matter of any kind.
[Amended 10-27-1994 by Ord. No. 0-14-94]
A.
No person shall throw, deposit, carry or cause to be
carried any glass receptacles, glass bottles, glass containers or other such
item in any park, playground or recreation area within the Township.
B.
No person shall throw or deposit glass receptacles, glass
bottles, glass containers or other such items in any fountain, pond, lake,
stream or other body in any park, playground, recreation area or elsewhere
within the Township.
C.
Persons transporting glass receptacles, glass bottles,
glass containers or other such items to any park, playground or recreation
area within the Township shall first place said items in public receptacles
or in authorized containers in such a manner as to prevent it from being carried,
thrown or deposited by the elements or any person upon the aforementioned
areas.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any sidewalk, street, mall or other public place within the Township,
nor shall any person hand out or distribute or sell any commercial handbill
in any public place within the Township; provided, however, that it shall
not be unlawful on any sidewalk, street, mall or other public place within
the Township for any person to hand out or distribute, without charge to the
receiver thereof, any noncommercial handbill to any person willing to accept
it.
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, a noncommercial handbill to any occupant of a vehicle
who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any private premises which are temporarily or continuously uninhabited
or vacant.
No person 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 said 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 of said premises do not desire to be molested or have the
right of privacy disturbed, or to have any such handbills left upon such premises.
A.
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,
occupant or other person then present in or upon such private 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, may place or deposit any such handbill in or upon such
inhabited private premises if such handbill is so placed or deposited as to
secure or 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 so used when so prohibited by federal postal law or regulation.
B.
Exemption for mail and newspapers. The provisions of
this section shall not apply to the distribution of mail by the United States,
nor to newspapers (as defined herein), except that newspapers shall be placed
on private property in such a manner as to prevent their being carried or
deposited by the elements upon any street, sidewalk or other public place
or upon private property.
No person in an aircraft shall throw out, drop or deposit within the
Township any litter, handbill, or any 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 or 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 occupied private property
within the Township, 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; provided, however, that this section
shall not prohibit the storage of litter in authorized receptacles for collection.
No person shall throw or deposit litter on any open or vacant private
property within the Township, whether owned by such person or not.
A.
Notice to remove. The Township Health Officer or his
designated agent is hereby authorized and empowered to notify the owner of
any open or vacant private property within the Township, 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 by certified mail, addressed to said owner at his last known address or
may be by personal service upon the owner or his agent.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of written notice provided for in Subsection A above or within 10 days after the date of such notice in the event the same is returned to the United States Postal Service because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Township Health Officer or his designated agent is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Township.
C.
Charge included in tax bill. When the Township has effected
the removal of such dangerous litter or has paid for its removal, the actual
cost thereof, plus accrued interest at the rate of 20% per annum from the
date of the completion of the work, if not paid by such owner prior thereto,
shall be due and payable by said owner at the time of payment of such bill.
[Amended 4-11-2005 by Ord. No. 106-2005]
D.
Recorded statement constitutes lien. Where the full amount due the Township is not paid by such owner within 10 days after the disposal of such litter, as provided for in Subsections A and B, above, then, and in that case, the Health Officer shall cause to be recorded in the Tax Collector's office of the Township a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of 20% in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the 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.
[Amended 4-11-2005 by Ord. No. 106-2005]
[Added 4-11-2005 by Ord. No. 110-2005]
The Police Department and Division of Building and Code Enforcement
of the Township of River Vale shall enforce this chapter.
[Added 4-11-2005 by Ord. No. 110-2005]
Any person who is found to be in violation of the provisions of this
chapter shall be subject to a fine not to exceed $1,000.
