Borough of Wharton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wharton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 231.
Solid waste — See Ch. 264.
[Sec. 4-1 of the Revised General Ordinances]

§ 183-1 Definitions.

For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse and rubbish, as defined herein, and all other waste materials which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles, and solid market and industrial wastes.
RUBBISH
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.
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.

§ 183-2 Litter in public places.

[Amended 5-9-2011 by Ord. No. O-09-11]
No person shall sweep, throw or deposit litter in or upon any occupied, open or vacant property, whether owned by such person or not, or in or upon any street, sidewalk, park or other public place or any pond, lake, stream or any other body of water within the Borough, except in public receptacles or in authorized private receptacles for collection. 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 any street, sidewalk or other public place, or upon private property.

§ 183-3 Sweeping litter into gutters prohibited.

No person, including merchants owning or occupying a place of business, shall sweep into or deposit in any gutter, street or other public place within the Borough 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 premises free of litter.

§ 183-4 Litter thrown by persons in vehicles.

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Borough or upon private property.

§ 183-5 Truckloads causing litter.

No person shall drive or move any truck or other vehicle within the Borough 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, nor shall any person drive or move any vehicle or truck within the Borough, the wheels or tires of which carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.

§ 183-6 Transportation from outside municipality.

No person shall bring, cart, remove or transport any litter collected outside this Borough into this Borough for the purpose of dumping or disposing thereof, unless so authorized by the Borough.

§ 183-7 Duties of owners and tenants to maintain premises free of litter.

The owner or person in control of any private property shall at all times maintain the premises free of litter; provided that this subsection shall not prohibit the storage of litter in authorized private receptacles for collection.
A. 
Notice to remove. The Building or Sanitary Inspector is authorized and empowered to notify the owner or the agent of the owner of any open or vacant private property within the Borough to properly dispose of litter located on the owner's property which is dangerous to public health, safety or welfare. The notice shall be by registered mail, addressed to the owner at his last known address, and shall state the acts to be performed by the owner or tenant, as well as the penalty for failure to comply with the notice.
B. 
Cost of removal. If the owner or tenant to whom notice is sent neglects or refuses to comply with the notice within 10 days of receipt of same, the Building or Sanitary Inspector shall arrange to perform the acts required by the notice at the cost of the Borough. He shall certify the cost thereof to the Borough Council, which shall examine the certificate and, if found correct, shall cause the costs as shown thereon to be charged against the lands. The costs shall be added to the taxes next to be assessed and levied upon the lands, the same to bear interest at the same rate as taxes and to be collected and enforced by the same officers and in the same manner as taxes.

§ 183-8 Police powers.

Any police officer, truant or special officer duly appointed by the Mayor and Council is authorized and empowered to take into custody any minor child who may be in the act of violating any of the provisions of this article. The officer shall report the violation to the Chief of Police and notify the parent, guardian or custodian of the minor child of the violation, as well as the penalty for a second and subsequent violation, and shall release the child immediately in the custody of the parent, guardian or custodian.

§ 183-9 Violations and penalties. [1]

Violation of any of the provisions of this article shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty, except that any child 16 years of age or under who violates the provisions of this article shall be dealt with as a juvenile offender. In the event the individual involved has caused damage to private or public property in the Borough, the parent(s) or guardian will be responsible for payment of same.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Sec. 4-9 of the Revised General Ordinances]

§ 183-10 Permit required.

It shall be unlawful for any person to post, circulate or distribute or cause to be posted, circulated or distributed in the Borough any handbills, posters, circulars, pamphlets, written or printed matter, or advertising material and merchandise without first having received a permit from the Borough Clerk, upon written application on a form provided therefor. The applicant may be required to furnish three personal references and may be required to obtain approval of the application by the Chief of Police, at the discretion of the Clerk.

§ 183-11 Fee.

The fee for a permit shall be $2 for each day of distribution.

§ 183-12 Casting of advertisements, handbills, printed matter prohibited.

No person shall cast, post or place or cause to be cast, posted or placed any advertisements, advertising merchandise, handbills, circulars, printed matter or paper on any public street or the sidewalks thereof, in or along any road, park, playground or other public place in the Borough, or into any vestibule or yard or upon porches of any vestibule or yard, or upon porches of any dwelling house or other building, or into any vehicle while on the public highway or private property. This section shall not apply to newspapers and addressed envelopes delivered to subscribers and addressees, nor shall it apply to any legal notice required by law to be posted, nor to any tag or plate showing the number of ownership of any utility pole or post. This section shall not apply to advertising or other printed matter to be placed on or attached to any standard or pole in front of any residence or place of business or to any building of any such person permitted by ordinance of the Borough. Matters pertaining to any charitable or civic organization, as determined by the Borough Clerk, may be posted and, in this case, the word "civic" or "charitable" shall be endorsed on the permit.

§ 183-13 Violations and penalties.

Violation of any of the provisions of this article shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty.