[HISTORY: Adopted by the Mayor and Council of the Borough of Westville 4-27-2005 by Ord. No. 5-05. Amendments noted where applicable.]
The Borough of Westville finds that the reduction of litter is an important public concern to protect public health, safety and welfare and to implement the requirements of the New Jersey Department of Environmental Protection Clean Communities Program.
As used in this chapter, the following terms shall have the meanings indicated:
- 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.
- LITTER RECEPTACLE
- 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.
It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property other than in a litter receptacle.
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.
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including:
Sidewalks used by pedestrians in active retail commercially zoned areas such that, at a minimum, there shall be no linear quarter mile without a receptacle;
Buildings held out for use by the public, including schools and government buildings;
All street vendor locations;
Self-service refreshment areas;
Gasoline service station islands;
Parking lots; 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 so that adequate containers are available.
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle parts, rubber tires, appliances, furniture, or private property, except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.
It shall be unlawful for any property owner to store or permit the storage of any bulky household waste, including but not limited to household appliances, furniture and mattresses, except in a fully enclosed structure.
It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential, except in a fully enclosed structure or on days designated for the collection of tires.
It shall be unlawful for any residential property owner to park or permit the parking of any vehicle on his or her residential lawn.
It shall be unlawful for any owner, agent or contractor in 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. It shall be the duty of the owner, agent or contractor in charge of the construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage or refuse.
The Borough Administrator shall designate one or more enforcement officers with authority to enforce the provisions of this chapter. Said enforcement officers shall be officers or employees of the Borough government.
Any person who engages in unlawful conduct as defined in this chapter shall, upon conviction thereof in a proceeding before a court of competent jurisdiction, be subject to the penalties as set forth in Chapter 1, Article I, §1-15, General penalty.
Each continuing day of violation of this chapter shall constitute a separate offense.