It shall be unlawful for any person, firm or
corporation, in person or by his or its agent, employee or servant,
to cast, throw, sweep, sift or deposit in any manner in or upon any
public way or other public place in the Township or any river, canal,
public water, drain, sewer or receiving basin within the jurisdiction
of the Township any kind of dirt, rubbish, waste article, thing or
substance whatsoever, whether liquid or solid. Nor shall any person,
firm or corporation cast, throw, sweep, sift or deposit any of the
aforementioned items anywhere within the jurisdiction of the Township
in such manner that they may be carried or deposited in whole or in
part by the action of the sun, wind, rain or snow into any of the
aforementioned places; provided, however, that this section shall
not apply to the deposit of material under a permit authorized by
any ordinance of the Township or to goods, wares or merchandise deposited
upon any public way or other public place temporarily, in the necessary
course of trade, and removed therefrom within two hours after being
so deposited.
It shall be unlawful for any person, firm or
corporation, in person or by his or its agent, employee or servant,
to use any vehicle to haul any kind of dirt, rubbish, waste articles
or things or substance, whether liquid or solid, unless such vehicle
is covered to prevent any part of its load from spilling or dropping
at all times while such vehicle is in motion on any street or alley
in the municipality; provided, however, that the requirements herein
for covering such vehicles shall not apply to vehicles carrying brush
cuttings, tree trimmings, branches, logs and similar waste material
if such matter is securely lashed to such vehicle to prevent spilling
or dropping as aforesaid.
Notwithstanding any other penalty imposed by
this article, any person, firm or corporation violating any of the
provisions of this article shall be fined not less than $50 nor more
than $500 for each offense, and a separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
AIRCRAFT
Any contrivance now known or hereafter invented, used or
designed for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
AUTHORIZED PRIVATE RECEPTACLE
A container of watertight construction with a tight-fitting
lid or cover capable of preventing the escape of contents within.
Such receptacles shall have handles or other means for safe and convenient
handling and be of such size or sufficient capacity to hold all litter
generated between collection periods and shall be in compliance with
the regulations promulgated by the Superintendent of Public Works.
CONSTRUCTION SITES
Any private or public property upon which repairs to existing
buildings, construction of new buildings or demolition of existing
structures is taking place.
HANDBILL
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper booklet or any other printed matter
of literature which is not delivered by United States mail, including
but not limited to material:
A.
Which advertises for sale any merchandise, product, commodity
or thing;
B.
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 sale; or
C.
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 private gain or profit.
LITTER
Garbage, refuse, rubbish and all other waste material which,
if thrown or deposited as herein prohibited, tends to create a danger
to public health, safety and welfare and tends to reduce property
values. "Refuse" means all putrescible and nonputrescible solid wastes,
excluding bodily wastes, which includes but is not limited to garbage,
rubbish, ashes, street cleanings, dead animals, abandoned automobiles
and industrial wastes. "Rubbish" means nonputrescible solids such
as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery and similar materials.
[Added 10-6-1997 by Ord. No. 10-1997]
LOADING AND UNLOADING DOCKS
Any dock space or area used by any moving vehicle for the
purpose of receiving, shipping and transporting goods, wares, commodities
and persons, located on or adjacent to any stream, river or land.
PRIVATE PREMISES
All property, including but not limited to vacant land or
any land, building or other structure designed or used for residential,
commercial, business, industrial, institutional or religious purposes,
together with any yard, grounds, walk, driveway, fence, porch, steps,
vestibule, mailbox and other structures appurtenant thereto.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other
public ways, lakes, rivers, watercourses or fountains and any and
all public parks, squares, spaces, grounds and buildings.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon land or water, including devices
used exclusively upon stationary rails or tracks.
[Amended 4-3-1989 by Ord. No. 5-1989]
No person shall deposit any litter within the
Township except in public receptacles or in authorized private receptacles
or any duly authorized disposal facility or other place specifically
designated for the purpose of solid waste storage or disposal. No
person shall sweep into or deposit in any gutter, street, catch basin
or other public place any accumulation of litter from any public or
private sidewalk or driveway. Every person who owns or occupies property
shall keep the sidewalk in front of his or her premises free of litter.
All sweepings shall be collected and properly containerized for disposal.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such a manner
as to prevent litter from being carried or deposited by the elements
upon any public place or private premises.
No person shall upset or tamper with a public
or private receptacle designed or used for the deposit of litter or
cause or permit its contents to be deposited or strewn in or upon
any public place or private premises.
Persons owning, occupying or in control of any
public place or private premises shall keep the sidewalks and alleys
adjacent thereto free of litter and shall maintain such receptacles
as may be required by the regulations issued or promulgated by the
Township Manager or his designee.
No person in an aircraft shall throw out, drop
or deposit any litter within the Township.
[Amended 4-3-1989 by Ord. No. 5-1989]
Litter in parks and other public places, which
places may be the site of special events to which the public is invited,
is prohibited. No person shall deposit litter in any park within the
Township except in receptacles and in such a manner that the litter
will be prevented from being carried or deposited by the elements
upon any part of the park or upon any public place or private premises.
No person shall deposit litter at special events to which the public
is invited, including sporting events, parades, carnivals, circuses
and festivals, except in receptacles and in such a manner that the
litter will be prevented from being carried or deposited by the elements
upon any part of the premises in or on which the special event is
taking place. Where receptacles are not provided, all such litter
shall be removed by the person responsible for its presence and properly
disposed of elsewhere in a lawful manner.
No person shall post or affix any notice, poster
or other paper or device calculated to attract the attention of the
public upon any public place or private premises, except as may be
authorized or required by law.
The person owning, operating or in control of
a loading or unloading dock shall maintain authorized private receptacles
for the collection of litter and shall at all times maintain the dock
area free of litter in such a manner that litter will be prevented
from being carried or deposited by the elements upon any public place
or private premises.
The Township Manager or his designee is hereby
authorized and empowered to make and adopt such rules and regulations
as he deems proper and necessary for the implementation of this article
for the better protection of the health, welfare and safety of the
Township. In doing so, applicable federal, state and local standards
regarding fire prevention, pollution control, public safety, nuisances
and health regulations shall be given due consideration.
The procedure for the removal of litter from
private premises and the charging of expense thereof as a lien upon
such property, to be collected as are other liens by the Township
Attorney, shall be in accordance with the state statutes. The Township
Manager or his designee shall be responsible for the implementation
of this enforcement program.
[Amended 11-18-1991 by Ord. No. 9-1991]
A. Any person violating or failing to comply with any
of the provisions of this article shall, upon conviction, be punishable
by a fine of not less than $500 or by imprisonment for a term not
to exceed 90 days, or both, which sentence may also include restitution
and hours dedicated to community service, in the discretion of the
Judge. Each and every successive day upon which any such violation
continues or occurs shall be considered a separate and additional
violation of this chapter.
B. Violations under this article shall be prosecuted
in the Municipal Court.