Township of Stafford, NJ
Ocean County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Stafford 3-20-1984 by Ord. No. 84-18. Amendments noted where applicable.]
GENERAL REFERENCES
Removal of brush, grass and weeds — See Ch. 68.
Parks — See Ch. 151.
Property maintenance — See Ch. 158.

§ 136-1 Title.

This chapter shall be known as an "Anti-litter Ordinance" and may be so cited.

§ 136-2 Definitions.

[Amended 10-4-2005 by Ord. No. 2005-90]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. 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.
LITTER
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, 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.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
PARK
A park, reservation, playground, beach, recreation center or any other public areas in the Township owned or used by any public agency and devoted to recreation purposes.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
PRIVATE PREMISES
Any dwelling, house, building or other structure designed or used, either wholly or in part, for residential purposes, whether inhabited or temporarily or continuously inhabited or vacant, and shall include any yard, grounds, walks, driveway, porch, steps, vestibules or mailbox belonging to or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
Includes all streets, sidewalks, boulevards, alleys or other public walkways and all parks, squares, docks, grounds and buildings.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper; wrappings; cigarettes; cigars and tobacco wastes; cardboard; tin cans; wood; glass; bedding; crockery; and similar materials.
VEHICLE
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.

§ 136-3 Litter in public places.

[Amended 12-19-1989 by Ord. No. 89-77; 10-4-2005 by Ord. No. 2005-90]
A. 
No person shall sweep, throw, drop, discard, deposit or otherwise place any litter of any nature upon any public property other than in a litter receptacle.
B. 
Litter receptacles suitable for the depositing of litter and their servicing are required at the following public places which exist in the Township of Stafford: sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear 1/4 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; campgrounds and trailer parks; marinas, boat moorage 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.

§ 136-4 Placement of litter in receptacles.

[Amended 10-4-2005 by Ord. No. 2005-90]
A. 
Litter shall be placed in litter receptacles, either public or private, in such manner as to prevent it from being scattered, carried or deposited by the elements upon any street, sidewalk or other public property or private property.
B. 
Branches, clippings, shrubs and the like in excess of 24 inches in length but not greater than six feet in length and not in excess of 75 pounds in weight may be placed at the curb for pickup if securely tied in bundles so as to prevent their being scattered, carried or deposited by the elements upon any street, sidewalk or other public or private property.

§ 136-5 Littering from vehicles.

[Amended 10-4-2005 by Ord. No. 2005-90]
No person shall throw or deposit litter from any vehicle or boat upon any public or private property, including vacant land. Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this chapter, the operator or owner, or both, of the motor vehicle or boat shall be deemed to have violated this chapter.

§ 136-6 Litter caused by commercial vehicles.

[Amended 10-4-2005 by Ord. No. 2005-90]
No person shall drive or move any truck or other commercial vehicle unless the vehicle is so constructed or loaded as to prevent any litter from being blown or deposited upon any street, alley or other public or private property. No person shall drive or move any vehicle or truck if the wheels or tires carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances or foreign matter of any kind from any other place other than the traveled portion of a public street or alley. Whenever any litter is thrown, discarded or allowed to fall from such truck or other commercial vehicle in violation of this chapter, the operator or owner, or both, of the truck or other commercial vehicle shall also be deemed to have violated this chapter.

§ 136-7 Litter in bodies of water.

[Amended 10-4-2005 by Ord. No. 2005-90[1]]
No person shall throw or deposit litter in any fountain, lake, pond, stream, bay or any other body of water.
[1]
Editor's Note: This ordinance also provided for the repeal of former § 136-7, Litter in public parks, and the redesignation of former §§ 136-8 through 136-10 as §§ 136-7 through 136-9, respectively.

§ 136-8 Litter on private property.

[Amended 10-4-2005 by Ord. No. 2005-90]
No person shall throw or deposit litter on any occupied private property, whether owned by him or not, except that the owner or person in control of private property shall maintain private litter receptacles for collection in such a manner that litter will not be carried or deposited by the elements upon any other public place or upon any private property.

§ 136-9 Responsibility of owner.

[Amended 10-4-2005 by Ord. No. 2005-90]
The owner or person in control of any private property shall at all times maintain the premises free of litter. This section shall not be construed to prohibit the storage of litter in private litter receptacles for collection.

§ 136-10 (Reserved)

§ 136-11 Litter on vacant lots.

No person shall throw or deposit litter on any open or vacant private property whether owned by such person or not.

§ 136-11.1 Litter at construction sites.

[Added 5-17-1988 by Ord. No. 88-41]
A. 
No owner, contractor, subcontractor or their agents or employees performing or allowing to be performed any work on any improved or unimproved real property in Stafford Township shall sweep, throw, deposit or dump any litter, rubbish or construction waste materials in or upon the construction site property.
B. 
In order to prevent any litter, rubbish or construction waste materials from littering the construction site or surrounding areas, the owner of the real property upon which improvements or renovations are being made and the contractor or subcontractor performing such work shall:
(1) 
Provide private receptacles for the deposit of litter, rubbish and construction materials in such a manner as to prevent litter, rubbish and construction waste materials from being scattered, carried or deposited by the elements upon any private property, public property or waterways.
(2) 
Provide for the erection of a snow fence or other retaining fence between the construction site and any waterway adjacent to the construction site property in such a manner as to prevent any litter, rubbish and construction materials from being scattered, carried or deposited by the elements into or upon any lake, stream, bay, lagoon or other waterway.

§ 136-12 Notice to remove; removal by Township.

A. 
Notice to remove. The Code Enforcement Officer or his duly-designated agent is authorized and empowered to notify the owner of any private premises or vacant land, or the tenant or agent of such owner, to dispose properly of litter which is located on such owner's property and which is dangerous to public health, safety or welfare. Notice shall be by registered or certified mail, return receipt requested, addressed to said property owner or his agent or tenant at his last known address or served personally upon said owner, tenant or agent.
B. 
Action upon noncompliance. Upon the failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of said litter within 10 days after receipt of written notice as specified in Subsection A of this section, or within 10 days after the date of such notice in the event that it is returned to the Township by the post office department because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner, tenant or agent, the Code Enforcement Officer or his duly-designated agent is authorized and empowered to pay for disposing of such litter or to order its disposal by the Township.
C. 
When the Township has effected the removal of dangerous litter or has paid for its removal, the actual cost thereof shall, unless paid by the owner prior thereto, be charged to the owner of the property on the next regular tax bill forwarded to the owner by the Township. The charge shall be due and payable by the owner at the time set for payment of the tax bill.
D. 
Where the full amount due to the Township is not paid by the owner within 30 days after the disposal of such litter, as specified in Subsections A and B of this section, then and in that case, the Code Enforcement Officer shall certify the cost thereof to the Township Council, which shall examine the certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall constitute a lien 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 shall be subject to a delinquent penalty at the same rate as in the case of taxes which are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. The certification of the Code Enforcement Officer, in accordance with the provisions thereof, 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.

§ 136-13 Violations and penalties.

[Amended 2-21-1989 by Ord. No. 89-22]
A. 
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not less than $100 nor more than $1,000, by imprisonment for a term 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 by 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.