[HISTORY: Adopted by the Borough Council of the Borough of Seaside
Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage and solid waste disposal — See Ch. 107.
As used in this chapter, the following terms shall have the meanings
indicated:
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, 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.
A container suitable for the depositing of litter.
It shall be unlawful for any person to throw, drop, discard or otherwise
place litter of any nature upon any public or private property other than
a litter receptacle.
Litter receptacles and their servicing are 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; 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
station islands; shopping centers; parking lots; marinas, boat 4moorage 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.
It shall be unlawful for any person to discard or dump along any street
or road, on or off any right-of-way, any household or commercial solid waste,
rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances,
furniture or private property, except by written consent of the owner of said
property, in any place not specifically designated for the purpose of solid
waste storage or disposal.
It shall be unlawful for any residential or business property owners
to store or permit storage of any bulky household waste, including household
appliances, furniture and mattresses in areas, except in a fully enclosed
structure or on days designated for the collection of bulky items.
It shall be unlawful for any property owner to store or permit the storage
of tires in areas, except in a fully enclosed structure or on days designated
for the collection of tires.
It shall be unlawful for any person to keep or permit the keeping on
streets, vacant lots and residential lawns except in a fully enclosed structure,
any motor vehicle, trailer or semitrailer which:
It shall be unlawful for any vehicle to be driven, moved, stopped or
parked on any highway unless such a vehicle is constructed or loaded to prevent
any of its load from dropping, sifting, leaking or otherwise escaping therefrom.
Any person operating a vehicle from which any glass or objects have fallen
or escaped, which could cause an obstruction, damage a vehicle or otherwise
endanger travelers or public property, shall immediately cause the public
property to be cleaned of all glass or objects and shall pay the costs therefor.
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 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.
It shall be unlawful for any residential or commercial property owner
to permit open or overflowing waste disposal bins on his or her property.
It shall be the duty of the owner, lessee, tenant, occupant or person
in charge of any structure to keep and cause to be kept the sidewalk and curb
abutting the building or structure free from 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.
A.
Any person violating or failing to comply with any other
provision of this article shall, upon conviction thereof, be punishable by
a fine of no less than $100 and no more than $1,000, by imprisonment not to
exceed 90 days or by community service of not more than 90 days or any combination
of fine, imprisonment and community service, as determined in the discretion
of the Municipal Court Judge. The continuation of such violation for each
successive day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished as
provided above for each separate offense.
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction.
