City of Linwood, NJ
Atlantic 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 Common Council of the City of Linwood 7-8-1970. Amendments noted where applicable.]
GENERAL REFERENCES
Canvassing and soliciting — See Ch. 111.
Parks and recreation areas — See Ch. 197.
Property maintenance — See Ch. 205.
Solid waste — See Ch. 235.

§ 175-1 Title.

This chapter shall be known and may be cited as the "Antilitter and Weed Control Ordinance of the City of Linwood."

§ 175-2 Definitions.

For the purposes 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.
AIRCRAFT
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.
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle.
CITY
The City of Linwood, New Jersey.
COMMERCIAL HANDBILL
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:
A. 
Which advertises for sale any merchandise, product, commodity or thing.
B. 
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.
C. 
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 clause 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 clause shalt 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 City.
D. 
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.
GARBAGE
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 material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
NEWSPAPER
For any "newspaper" of general circulation as defined by general law, any "newspaper" duly entered with the Post Office Department of the United States, 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 not less than four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL
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."
PARK
A park, reservation, playground, boardwalk, beach, recreation center or any other public area in the City owned or used by the City and devoted to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
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 or building or other structure.
PUBLIC PLACE
Any and all streets, sidewalks, beach, boardwalk, 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 cleanings, 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 grass, 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.

§ 175-3 Litter in public places.

A. 
No person shall throw or deposit litter in or upon any street, sidewalk, beach, boardwalk or other public place or upon any private property, without complying with the State Sanitary Code for landfills, within the City, except in public receptacles, in authorized private receptacles for collection or in official City dumps.
B. 
However, the depositing of litter is hereby permitted in and upon any street, sidewalk and/or curb, provided that the litter has been deposited in a reasonable manner and reasonable place for purposes of collection by the City Street Department or any other authorized agency of the City of Linwood concerned with the collection and/or disposal of litter.

§ 175-4 Placement of litter in receptacles to prevent scattering.

[Amended 3-28-1990 by Ord. No. 1-1990]
Person placing litter in public receptacles or in authorized private receptacles shall do so in such 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. Litter receptacles and their servicing are required in the following locations: pedestrian walkways; shopping malls; active retail commercially-zoned areas, such that at a minimum there should 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; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; 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. 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.

§ 175-5 Sweeping litter into gutters prohibited.

A. 
No person shall sweep into or deposit in any gutter, street or other public place within the City 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.
B. 
However, the depositing of litter is hereby permitted in and upon any street, sidewalk and/or curb, provided that the litter has been deposited in a reasonable manner and reasonable place for purposes of collection by the City Street Department or any other authorized agency of the City of Linwood concerned with the collection and/or disposal of litter.

§ 175-6 Merchants' duty to keep sidewalks 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 City 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 City shall keep the sidewalk in front of their business premises free of litter.

§ 175-7 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 City or upon private property.

§ 175-8 Truckloads causing litter.

[Amended 3-28-1990 by Ord. No. 1-1990]
No person shall drive or move any vehicle or other vehicle within the City unless such vehicle is so constructed, loaded or covered 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 City, the wheels or tires of which carry into or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.

§ 175-9 Litter in parks.

No person shall throw or deposit litter in any park within the City 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.

§ 175-10 Litter in fountains and other bodies of water.

No person shall throw or deposit litter in any fountain, pond, bay, stream or any other body of water in a park or elsewhere within the City.

§ 175-11 Throwing or distributing commercial handbills in public places.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City, nor shall any person hand out or distribute or sell any commercial handbill in any public place. Provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the City for any person to hand out or distribute, without charge to the receiver thereof, said material to any person willing to accept it.

§ 175-12 Placing commercial and noncommercial handbills on vehicles.

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.

§ 175-13 Depositing commercial and noncommercial handbills on uninhabited or vacant premises.

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.

§ 175-14 Prohibiting distribution of handbills where properly posted.

No person shall throw or 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 their right of privacy disturbed, or to have any such handbills left upon such premises.

§ 175-15 Distributing commercial and noncommercial handbills at inhabited private premises.

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 be secure, or to 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 regulations.
A. 
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.

§ 175-16 Dropping litter from aircraft.

No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill or any other object.

§ 175-17 Posting notices prohibited.

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 or shade tree, or upon any public structure or building, except as may be authorized or required by law.

§ 175-18 Litter on occupied private property.

No person shall throw or deposit litter on any occupied private property within the City, 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 street, sidewalk or other public place or upon any private property.

§ 175-19 Owner 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, however, that this section shall not prohibit storage of litter in authorized receptacles for collection.

§ 175-20 Litter on vacant lots.

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

§ 175-21 Clearing of litter from open private property by City.

A. 
Notice to remove. The Health Department is hereby authorized and empowered to notify the owner of any open or vacant private property within the City, 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 registered mail, addressed to said owner at his last known address.
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 15 days after the date of such notice, in the event the same is returned to the City Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the Health Department is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the City.
C. 
Charge included in tax bill. When the City has effected the removal of such dangerous litter, or has paid for its removal, the actual costs thereof, plus accrued interest at the rate of 6% per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the City, and said charge shall be due and payable by said owner at the time of payment of such bill.
D. 
Recorded statement constitutes lien. Where the full amount due the City is not paid by such owner within 30 days after the disposal of such litter, as provided for in Subsections A and B, above, then and in that case, the Health Department shall cause to be recorded in the Tax Collector's office of the City 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 8% 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. Said lien may be sold and assigned or foreclosed upon by the City in the same manner and to the same extent as a lien for unpaid taxes assessed on said property.

§ 175-22 Discard of solid waste in undesignated areas prohibited.

[Added 3-28-1990 by Ord. No. 1-1990]
No person shall discard or dump any household or commercial solid waste in any place not specifically designated for the purpose of solid waste storage or disposal.

§ 175-23 Weed control.

A. 
A code declaring ragweed and poison ivy to be a nuisance, providing for removal or abatement thereof and recovery of expenses incurred by the Board of Health in removing or abating such nuisance, and prescribing penalties for violations, is hereby established pursuant to Chapter 188, Laws of 1950. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
B. 
Said code established and adopted by this chapter is described and commonly known as the "Weed Control Code of New Jersey (1953)."
C. 
Three copies of said "Weed Control Code of New Jersey (1953)" have been placed on file in the office of the Chairman of this local Board of Health upon the introduction of this chapter and will remain on file there for the use and examination of the public so long as said ordinance is in effect.

§ 175-23.1 Construction sites.

[Added 9-25-2013 by Ord. No. 19-2013]
It shall be unlawful for any property owner, agent, or contractor that is in responsible charge of a construction or demolition site to permit the accumulation of litter before, during, or after the completion of any construction or demolition project. Accordingly, it shall be the responsibility of any property owner, agent, or contractor in responsible charge of a construction or demolition site to comply with the following:
A. 
Furnish containers adequate to accommodate flyable material or nonflyable debris and/or trash at areas on the construction or demolition site convenient to the active area of construction or demolition; and to maintain and empty said containers in such a manner and with such frequency as to prevent spillage or wind-driven transport of such material and/or debris. The Construction Official may require covering of container if frequency of emptying is determined by said Construction Official not to be adequate.
B. 
Erect a solid wood or plastic construction fence a minimum of two feet in height seated firmly on the existing grade about the entire perimeter of the construction site.
C. 
Store all material, supplies, equipment, and machinery on the construction site with proper security lighting.
D. 
Should portable toilets be utilized, said units shall be located fully within the construction fencing on such property with the entrance door to the unit facing away from the street right-of-way. Under no circumstances shall the unit be placed within any municipal or county street right-of-way.
E. 
Provide a mechanism for control of vermin if determined by Construction Official that the site is the cause for vermin reported to said office.

§ 175-24 Violations and penalties.

A. 
Any person violating any of the provisions of this chapter shall, upon conviction in the Municipal Court of Linwood, be punished for each offense by a fine not to exceed $200 or by imprisonment for any term not exceeding 90 days in the county jail or in any place provided by the municipality for the detention of prisoners, or both. The Municipal Court Judge before whom any person is convicted of violating this chapter shall have power to impose any fine or term of imprisonment not exceeding the maximum fixed in this chapter.
B. 
In default of the payment of any fine imposed hereunder, any person convicted of any violation may, in the discretion of the Municipal Court Judge by whom he was convicted, be imprisoned in the county jail or place of detention provided by the municipality for any term not exceeding 90 days.

§ 175-25 Repealer.

Ordinance No. 37-1 et seq., enacted on June 14, 1967, entitled "Property Care and Maintenance" is hereby repealed.