[HISTORY: Adopted by the Mayor and Council of the Borough
of Swedesboro 6-7-1982 (Ch. 71, Art. I, of the 1982 Code). Amendments noted where
applicable.]
The following terms, as used in this chapter, shall have the
meanings indicated:
A litter storage or collection receptacle approved by the
Borough.
The Borough of Swedesboro, located in the County of Gloucester
and State of New Jersey.
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:
Which advertises any merchandise, product, commodity or thing
for sale;
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;
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 gain or profit. The terms of this
subsection 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 it is held, is given or takes place in connection with the
dissemination of information which does not violate the ordinary rules
of decency, good morals, public peace, safety and good order, provided
that nothing contained in this subsection shall 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 a law of this state or by an ordinance of
the Borough; or
Which, while containing reading matter other than advertising
matter, is predominately 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.
Putrescible animal and vegetable waste resulting from either
the handling, preparation, cooking or consumption of food.
Includes both commercial handbills and noncommercial handbills,
as such terms are defined in this section.
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.
[Amended 2-20-2007 by Ord. No. 11-2007]
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 office as
provided by general law. In addition, "newspaper" means and includes
any periodical or magazine regularly published with not less than
four issues per year and sold to the public.
Any printed or written matter, any sample or device, circular,
dodger, 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" and "newspaper."
A park, playground, recreation center or any other public
area owned or used by the Borough of Swedesboro or other public entity
or government, which is devoted to recreational purposes.
Any dwelling, house, building or other structure designated
or used, either wholly or in part, for private residential purposes,
whether inhabited or continuously uninhabited or vacant, and includes
any yard, grounds, walk, driveway, porch, steps or vestibule belonging
or appurtenant to such dwelling, house, building or other structure.
Any or all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
Any structure or building owned or operated by the federal,
county or state government or any governmental agency.
All putrescible solid wastes (except body wastes), including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, dismantled automobiles and parts thereof, scrap metal,
junk, machinery and solid market and industrial wastes.
Nonputrescible solid wastes, consisting of both combustible
and noncombustible wastes, such as papers, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery, building materials and similar materials.
All retail stores which permit off-premises consumption of
food or beverage.
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.
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Borough, except in public
receptacles or in authorized private receptacles for collection; provided,
however, that said public receptacles shall not be used by persons
owning or occupying property in the vicinity of said public receptacles
for the deposit of domestic, commercial and industrial litter arising
from the conduct of said activities.
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner so as to prevent
it from being carried or deposited by the elements upon any streets,
sidewalks or other public place.
No person shall sweep into or deposit in any gutter, street
or other 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 all sidewalks
of said premises free of litter.
No person while a driver or passenger in a vehicle or boat shall
throw or deposit litter upon any street or body of water or other
public place within the Borough. 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 be deemed to have violated this chapter.
No person shall drive or move any truck or other commercial
vehicle unless the vehicle is so constructed or loaded as to prevent
any litter from being blown or deposited upon any street, alley or
other public place or private premises. No person shall drive or move
any vehicle or truck if the wheels or tires carry onto or deposit
in any street, alley or other public place any mud, dirt, sticky substance
or foreign matter of any kind from any other place than the traveled
portion of a public street or alley.
No person shall throw or deposit litter in any park except in
public receptacles and in such manner as to prevent such litter 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 litter shall be carried from the park by the
person responsible for its presence and shall be properly disposed
of elsewhere.
No person shall throw or deposit litter in any fountain, lake,
pond, stream or any other body of water.
A.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place.
B.
No person shall hand out or distribute or sell commercial handbills
in any public place; provided, however, that it shall not be deemed
unlawful for any person to hand out or distribute without charge to
the receiver thereof, in any sidewalk, street or other public place,
any noncommercial handbill to any person who is willing to accept
it.
No person shall throw or deposit any handbill in or upon any
vehicle; provided, however, that it shall not be unlawful for a person
to hand out or distribute, without charge to the receiver thereof,
in any public place a noncommercial handbill to any occupant of a
vehicle who is willing to accept it.
No person shall throw, deposit or distribute any handbill in
or upon any private premises if requested by anyone in or upon such
premises 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 HANDBILLS, NO TRESPASSING, NO PEDDLERS OR AGENTS, NO ADVERTISEMENT,
or any similar notice indicating 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.
No person shall throw or deposit any handbill in or upon any
private premises which are temporarily or continuously uninhabited
or vacant.
No person shall throw, deposit or distribute any handbill in or upon private premises which are inhabited, except by handing or transmitting such handbill directly to the owner, occupant or other person then present, except as hereinafter provided. A person, unless requested by anyone upon the premises not to do so, may place or deposit any such handbill in or upon inhabited private premises if the premises are not posted as provided under § 206-9B above and the handbill is placed or deposited so as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public places or private premises. Mailboxes may not be so used when prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers as defined in this chapter; provided, however, that newspapers shall be placed on private premises in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or any other public place or upon private property.
No person shall post or affix any notice, poster or other paper
or device, calculated to attract the attention of the public, to any
public lamppost, public utility pole, shade tree or upon any public
structure or building or upon any official traffic control devices
except as may be authorized or required by law.
No person shall throw or deposit litter on any occupied private
property, whether owned by him or not, except that the owner or person
in control of private property shall maintain private receptacles
for collection in such a manner that litter will not be carried or
deposited by the elements upon any other public place or upon any
private property.
The owner or person in control of any private property shall
at all times maintain the premises free of litter. This section shall
not be construed to prohibit the storage of litter in private receptacles
for collection.
No person shall throw or deposit litter on any open or vacant
private property, whether owned by such person or not.
A.
Notice to remove. The Chief of Police or his duly designated agent
or the Code Officer is authorized and empowered to notify the owner
of any private premises or vacant land, or the tenant or agent of
such owner, to dispose properly of litter located on such owner's
property which is dangerous to public health, safety or welfare. Notice
shall be by registered or certified mail, return receipt requested,
addressed to said property owner or his agent or tenant at his last
known address or served personally upon said owner, tenant or agent.[1]
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of said litter within 10 days from receipt of written notice specified in Subsection A of this section or within 10 days after the date of such notice in the event it is returned to the Borough by the Post Office Department because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner, tenant or agent, the Borough Clerk or his duly designated agent is authorized and empowered to pay for disposing of such litter or to order its disposal by the Borough.
C.
When the Borough has effected the removal of dangerous litter or
has paid for its removal, the actual cost thereof shall, unless paid
by the owner prior thereto, be charged to the owner of the property
on the next regular tax bill forwarded to the owner by the Borough.
The charge shall be due and payable by the owner at the time set for
payment of the tax bill.
D.
Where the full amount due the Borough is not paid by the owner within 30 days after the disposal of such litter as specified in Subsections B and C of this section, then and in that case, the Treasurer shall certify the cost thereof to the Borough Tax Collector, who shall examine the certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall constitute a lien 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 shall be subject to a delinquent penalty at the same rate as in the case of taxes in the event that they are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. The certification of the Treasurer 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.
The owner shall be responsible for keeping the sidewalk, flagging,
curbstone and the air shafts, areaways, back yards, courts, parking
lots, alleys, etc., free from litter.
It is hereby declared to be a duty of the owner or operator
of a take-out restaurant, delicatessen or luncheonette to provide
not less than one authorized private receptacle for the receipt of
trash, litter, paper, napkins, cups and remnants of food and nonfood
items at each exit, available to the patrons as they leave the premises.
If the owner or operator of same shall fail to provide such receptacle,
he shall be fined, upon conviction, as provided in this chapter.
The Police Department or Code Officer is hereby empowered and
authorized to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this chapter.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punished as set forth in Chapter 1, Article I, General Provisions, § 1-15, General penalty. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
No complaint shall be filed for violations and penalties until the owner shall have been given 72 hours' notice as provided in § 206-18A to dispose properly of said litter.
