[Adopted 2-28-2006 by Ord. No. 2122]
This article is intended to establish general requirements to
control littering in the Borough of Hasbrouck Heights so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
Nothing herein contained is intended to amend or repeal any of the more specific prohibitions and/or requirements contained in Chapter 178, entitled "Littering."
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article 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
include the singular, and words used in the singular include the plural.
The word "shall" is always mandatory and not merely directory.
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, grass clippings or other lawn or garden waste, 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.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
A.Â
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle or, having done so, to allow such litter
to remain.
B.Â
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this article, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this article.
This article shall be enforced by the Police Department, the
Department of Public Works, and the Property Maintenance Code Enforcement
Officer of the Borough of Hasbrouck Heights.
[Amended 2-10-2009 by Ord. No. 2201]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be subject to such penalties as are provided in Chapter 204 of this Code. In fixing the fine provided under Chapter 204, the court shall consider the additional or extraordinary cost to the Borough resulting from the violation of the terms of this article, as such cost may be certified to the court by the Superintendent of Public Works. Each day that a violation of this article continues after notice of such violation has been given shall be deemed a separate offense.
