[Adopted 2-23-1968 (Art. 2 of Ch. 13 of the Codified Ordinances);
amended in its entirety 12-15-1998 by Ord. No. 94-98]
As used in this article, the following terms
shall have the meanings indicated:
ENFORCEMENT OFFICER
The Fire Official and/or police officers. Said officials
shall be empowered to enforce this article and shall be collectively
designated as the "Borough enforcement officer."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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, can or any top, cap
or detachable tab of any bottle, jar or can, any 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
process of mining or other extraction processes, logging, sawmilling,
farming or manufacturing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
PUBLIC PLACE
Any area that is used or held out for use by the public,
whether owned or operated by public or private interests.
Persons placing litter, rubbish or trash in
public receptacles or in authorized private receptacles shall do so
in such a manner as to prevent it from being carried or deposited
by the elements upon any street, sidewalk or other public place or
upon private property.
No person shall sweep into or deposit in any
gutter, catch basin, street or other public place within the Borough
the accumulation of litter, rubbish or trash from any building or
lot or from any public or private sidewalk or driveway.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter, rubbish or trash upon any
street or other public place or upon private property within the Borough.
No person shall throw or deposit litter, rubbish
or trash on any occupied or vacant private property within the Borough,
whether owned by such person or not, except that the owner or person
in control may maintain authorized private receptacles for collection
in such manner that litter, rubbish or trash will be prevented from
being carried or deposited by the elements upon any street, other
public place or any private property.
No person shall permit the discarding or dumping
of any household or commercial solid waste in any place not specifically
designated for the purpose of solid waste storage or disposal.
No person shall store or permit the storage
of any bulky household waste, including household appliances, furniture
or mattresses, in areas zoned residential, except in a fully enclosed
structure.
No person shall store or permit the storage
of tires, except in a fully enclosed structure.
No person shall keep or permit the keeping on
streets, vacant lots and residential lawns, except in a fully enclosed
structure, any motor vehicle, trailer or semitrailer:
A. Which is missing tires, wheels, engine or any essential
parts;
B. Which displays extensive body damage or deterioration;
C. Which does not display a current, valid state license
plate; or
D. Which is wrecked, disassembled or partially disassembled.
No property owner, agent or contractor in charge
of a construction or demolition site shall permit the accumulation
of litter or debris 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 the construction site to furnish containers
adequate to accommodate flyable and nonflyable debris or trash at
areas convenient to construction areas and to maintain and empty the
receptacles in such a manner and with such frequency as to prevent
spillage.
No residential, commercial or industrial property
owner, lessee, tenant or other occupant shall permit open or overflowing
waste disposal containers or bins on his or her property.
The owner, managing agent, lessee, tenant or
person in control of any private property shall at all times maintain
the premises free of litter, rubbish or trash; provided, however,
that this section shall not prohibit storage of litter, rubbish or
trash in authorized receptacles for collection.
In addition to the requirements set forth under §§
136-17 and
136-18 of this article, all owners, lessees, tenants and/or occupants of any commercial or industrial properties located within the Borough of Sea Bright shall fully comply with the provisions of Chapter
161 of the Sea Bright Code, entitled "Property Maintenance," which shall remain in full force and effect.
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable as provided in Chapter
1, General Provisions, Article
I, unless otherwise specified in this article. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable by law.
[Adopted 9-7-2004 by Ord. No. 24-2004]
This article is to establish requirements to
control littering in the Borough of Sea Bright, so as to protect public
health, safety and welfare and to prescribe penalties for the failure
to comply.
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, can or any top, cap
or detachable tab of any bottle, jar or can, any 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
process of mining or other extraction processes, logging, sawmilling,
farming or manufacturing.
PERSON
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
This article shall be enforced by the Sea Bright
Police Department of the Borough of Sea Bright and the Code Enforcement
Officer.
Any person(s) who is found to be in violation
of the provisions of this article shall be subject to a fine under
the general penalty provisions.