[Amended 11-1-2023 by Ord. No. 2023-52]
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this chapter 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 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.
PERSON
Any individual, group of individuals, partnership, corporation,
firm, association, or any other entity.
[Amended 11-1-2023 by Ord. No. 2023-52]
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, or having
done so, to allow such litter to remain. 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 will be permitted to sweep into or
deposit in any gutter, street, catch basin or other public place any
accumulation of litter from any public or private sidewalk in front
of his or her premises free of litter. All litter sweepings must be
collected and properly containerized for disposal.
It is unlawful for any residential or commercial
property owner to permit open or overflowing waste disposal bins on
his or her property.
It is unlawful for any owner, agent, or contractor
in charge of a construction or demolition site to permit the accumulation
or litter before, during, or immediately following completion of any
construction or demolition project. It is the duty of the owner, agent
or contractor in charge of a 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
of refuse.
This chapter shall be effective upon adoption
and publication according to law and shall further be filed with the
Mercer County Clerk's office.
[Amended 11-1-2023 by Ord. No. 2023-52]
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalty stated in N.J.S.A. 13:1E-99.3 or any successor statute, where applicable to such violation, or Chapter
1, Article
II, General Penalty, for any violation not subject to the terms of N.J.S.A. 13:1E-99.3 or any successor statute.