Borough of Wallington, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wallington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Handbills — See Ch. 234.
Property maintenance — See Ch. 276.
Solid waste — See Ch. 313.
Streets and sidewalks — See Ch. 325.
Brush, grass and weeds — See Ch. 380.
Sanitation — See Ch. 396.
[Adopted 5-13-1970 as Sec. 4-2 of the 1970 Revised General Ordinances (Ch. 221 of the 1992 Code)]

§ 250-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
AUTHORIZED PRIVATE RECEPTACLE
A litter storage or collection receptacle approved by the Borough.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER 
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.
[Amended 5-24-2012 by Ord. No. 2012-14]
PARK
A park, playground, recreation center or any other public area owned or used by the Borough or local authorized governmental agencies and devoted to active or passive recreation.
PRIVATE PREMISES
Any dwelling, house, building or structure designated or used, either wholly or in part, for private residential purposes, whether inhabited or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling house, building or other structure.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys, beaches or other public ways and any and all public parks, squares, spaces, docks, 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 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.

§ 250-2 Placement in receptacles required.

A. 
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 any park or public place or into any fountain, stream, river, skating rink or other body of water in a park or elsewhere in the Borough, except in public receptacles, in authorized private receptacles for collection or in official Borough dumps. Persons 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 public place or private property.
B. 
The owner, tenant, occupant or other person of a property zoned for retail, commercial or similar uses, including all such uses which are prior nonconforming uses or exist pursuant to a variance approval, including, but not limited to, all restaurants, bars, shopping centers, establishments which sell food, establishments which sell liquor, or similar uses shall be required to provide ash receptacles or receptacles specifically designed for the disposal of cigarette butts, cigar butts or cigarette or cigar ashes outside of its premises.
[Added 5-24-2012 by Ord. No. 2012-14]

§ 250-3 Sweeping litter into gutters prohibited.

No person, including merchants owning or occupying a place of business, shall sweep into or deposit in any gutter or 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 sidewalks in front of their premises free of litter.

§ 250-4 Litter thrown from vehicles and aircraft.

No person, while a driver or passenger in a vehicle, shall throw or deposit litter in a public place within the Borough or upon public property. No person in any aircraft shall throw out, drop or deposit within the Borough any litter.

§ 250-5 Litter caused by trucks and vehicles.

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 its load, contents or litter from being blown or deposited in any 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 public place mud, dirt, sticky substances, litter or foreign matter of any kind.

§ 250-6 Responsibilities of owners and tenants.

The owner, agent, lessee, tenant, occupant or other person who manages or controls a building or lot shall be jointly or severally responsible for keeping the sidewalk, flagging and curbstone and the airshafts, area ways, backyards, courts, parking lots and alleys free from litter.

§ 250-7 Transportation from outside of Borough.

No person shall bring, cart, remove, transport or collect any litter from outside the Borough into the Borough for the purpose of dumping or disposing thereof unless authorized by the Borough. No vehicle containing litter which has been transported into the Borough shall be parked or allowed to remain standing on any street in the Borough or any public property for a period in excess of two hours.

§ 250-8 Dumping prohibited.

[Added 6-21-2012 by Ord. No. 2012-17]
A. 
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any solid waste, including but not limited to vehicle or vehicle parts, rubber tires, appliances, furniture, construction waste or demolition waste, and any household or commercial solid waste.
B. 
It shall be unlawful for any person to discard or dump on any property, public or private, or in any body of water any solid waste, including but not limited to vehicle or vehicle parts, rubber tires, appliances, furniture, construction waste or demolition waste, or any manner of solid waste, without the express written consent of the property owner, and then only in a litter receptacle or waste container designed for the express purpose of solid waste storage or disposal.
C. 
Open dumps are declared to be a nuisance, hazardous to human health and are prohibited. Leaf-composting facilities operating in compliance with all applicable regulations and possessing all applicable permits or those operated by property owners or operators solely for the purpose of composting vegetative wastes produced on site shall not be regulated by this article.
D. 
The land application of clean fill, provided that it is wholly uncontaminated by the presence of other solid waste and further provided that it is applied by the property owner or with the express written consent of the property owner, shall not be regulated by this article.

§ 250-9 Open or overflow waste disposal bins.

[Added 6-21-2012 by Ord. No. 2012-17]
A. 
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins, containers or litter receptacles on his or her property.
B. 
It shall be unlawful for any residential or commercial property owner to permit the presence of waste disposal bins, containers or litter receptacles in a manner which promotes or tends to promote the presence of any disease vector.

§ 250-10 Construction sites.

[Added 6-21-2012 by Ord. No. 2012-17]
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 completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable solid waste 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 of solid waste. The Construction Official or his/her designee shall also have the authority to enforce this article.

§ 250-11 Distribution of handbills.

[Added 6-21-2012 by Ord. No. 2012-17]
It is unlawful for any person to place, to cause to be placed, or to hire another person to place any advertisement, handbill or unsolicited material of any kind in or on any street, sidewalk, building or vehicle within the community in such a manner that it may be removed by natural forces.

§ 250-12 Violations and penalties.

[Amended 12-20-1993 by Ord. No. 93-19]
A. 
Any violation of this article shall, upon conviction, be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington.
[Amended 5-24-2012 by Ord. No. 2012-14[1]]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Separate violation. Except as otherwise provided, every day that a violation shall continue shall be deemed a separate violation.
[Adopted 3-23-2006 by Ord. No. 2006-07]

§ 250-13 Purpose.

An ordinance to establish requirements to control littering in the Borough of Wallington, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§ 250-14 Definitions.

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 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.
LITTER
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.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.

§ 250-15 Prohibited acts and regulated activities.

A. 
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. 
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.

§ 250-16 Enforcement.

This article shall be enforced by the Building Inspector or his designee of the Borough of Wallington.

§ 250-17 Violations and penalties. [1]

Any person who violates the provisions of this article shall be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).