[HISTORY: Adopted by the Common Council of the City of Burlington
by Ord. No. 8-1997 (Ch. 8.24 of the 1996 Municipal Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish as defined herein, and all other
waste material which, if thrown or deposited as required herein, tends
to create a danger to public health, safety and welfare.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is Tier A Stormwater
Guidance 68 owned or operated by the City or by any other public entity,
and is designed and used for collecting and conveying stormwater.
[Added 11-10-2020 by Ord.
No. 16-2020]
As defined in § 1-15. For purposes of any fine, penalty or imprisonment the term "person" shall include the officer and directors of a corporation or other legal entity having officers and directors.
Any and all streets, sidewalks, boulevards, alleys, beaches
or other public ways, and any and all public parks, squares, spaces,
docks, grounds 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.
Garbage, refuse and other discarded materials resulting from
industrial, commercial or agricultural operations, or from domestic
or community activities, and shall include all other waste materials,
including liquids.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
[Added 11-10-2020 by Ord.
No. 16-2020]
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including but not
limited to cars, trucks, motorcycles, scooters, all-terrain vehicles
(ATVs), bicycles, skateboards or any motorized or nonmotorized device
operated on a roadway, as well as devices used exclusively upon stationary
rails or tracks.
[Amended 11-10-2020 by Ord. No. 16-2020]
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
[Added 11-10-2020 by Ord.
No. 16-2020]
[Amended 7-21-2009 by Ord. No. 13-2009; 6-14-2011 by Ord. No. 05-2011; 11-10-2020 by Ord. No. 16-2020]
A.Â
No person shall sweep, throw, deposit, or otherwise discard litter
or waste of any nature other than in a litter receptacle, or having
done so, to allow such litter to remain. This prohibition shall include
any occupied, open or vacant property, whether owned by such person
or not, whether public or private, in or upon any street, sidewalk,
park, or other public place, or into any part of the public water
or sewer infrastructure, or into any pond, lake, stream or other body
of water within the City, 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, into the City's
stormwater or sanitary infrastructure, or upon private property.
The City shall provide litter receptacles at the linear quarter
mile in active retail commercially zoned areas and in parks. Persons
owning or controlling buildings held out for use by the public, including
schools, government buildings and railroad and bus stations; drive-in
restaurants; self-service refreshment areas; construction sites; gasoline
service stations; shopping centers; parking lots; campgrounds; marinas,
boat moorage and fueling stations; boat launching areas and other
similar uses shall provide adequate litter receptacles. The sponsor
of any special event to which the public is invited, such as sporting
events, parades, carnivals and festivals, shall be responsible for
providing adequate receptacles and providing for their servicing.
[Amended 11-10-2020 by Ord. No. 16-2020]
A.Â
No person, while a driver or passenger in a vehicle or boat, shall
throw or deposit litter upon any street, gutter, sewer, storm drain,
storm basin, catch basin sewer or sanitary conduit or other public
place or into any part of the public water or sewer infrastructure
within the City or upon private property.
B.Â
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 also be deemed to have
violated this chapter.
No person shall drive or move any truck or other vehicle within
the City 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 City, 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.
No person shall bring, remove, transport or collect any litter
from outside the City or into the City for the purpose of dumping
or disposing thereof, unless authorized by the City. No truck or other
vehicle containing litter which has been transported into the City
shall be parked or allowed to remain standing on any street in the
City or any public property for a period in excess of two hours.
[Amended 11-10-2020 by Ord. No. 16-2020]
No person shall discard or dump any household, commercial or
industrial solid waste in any place not specifically designated for
the purpose of solid waste storage or disposal. All contractors, commercial
entities and commercial property owners (including for residential
properties) shall comply with the provisions of applicable state and
county regulations as well as all provisions of City Code relating
to the disposal of trash, construction debris and/or industrial waste.
[Amended 11-10-2020 by Ord. No. 16-2020]
A.Â
Stream dumping. In order to protect public health, safety and welfare,
the spilling, dumping, leaking, or otherwise discharging of liquids,
semiliquids or solids from the containers to the municipal separate
storm sewer system operated by the City of Burlington and/or the waters
of the state is strictly prohibited. No person shall discard or dump
any household, commercial or industrial solid waste in a stream, river,
or waterway in the City or into any storm drain, storm basin, catch
basin, sewer or sanitary conduit or other public place or part of
the public water or sewer infrastructure within the City. Violation
of these provisions as to stream dumping shall result in the heightened
fines and penalties set forth in this chapter.
B.Â
No person, including merchants owning or occupying a place of business
or a contractor disposing of contract or construction waste, shall
sweep into or deposit in any gutter, street, sewer, storm drain, storm
basin, catch basin sewer or sanitary conduit or other public place
or part of the public water or sewer infrastructure within the City.
[Amended 11-10-2020 by Ord. No. 16-2020]
Each person owning any property, building or structure within
the City shall keep, and cause to be kept, the sidewalk and curb abutting
such property, building or structure and all areaways, backyards,
courtyards, and alleys free from litter, trash, debris, waste or recyclable
materials. The accumulation of litter, trash, debris, waste (including
construction or similar waste) or recyclable materials from any building
or lot or from any public or private sidewalk or driveway is prohibited.
Open or overflowing commercial, industrial or residential waste
disposal bins are prohibited.
[Amended 9-16-2008 by Ord. No. 17-2008; 4-9-2019 by Ord. No. 03-2019; 11-10-2020 by Ord. No. 16-2020]
The minimum penalty for violation of each section of this chapter, except §§ 217-7 and 217-8, is $300. The minimum penalty for violation of § 217-7 or § 217-8 is $1,000. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation. Any person convicted of a first offense under § 217-2 shall be subject to a minimum fine of $224, payable through the Violations Bureau. Notwithstanding the same, any person convicted of a third or subsequent offense pursuant to this section shall face a minimum fine of $500 and a jail term of up to 90 days.
