Township of Boonton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Boonton 6-25-1946 by Ord. No. 47; amended in its entirety 8-26-1996 by Ord. No. 543. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 98.
Peace and good order — See Ch. 112.
Property maintenance — See Ch. 114.
Recycling — See Ch. 116.
Vehicles, abandoned — See Ch. 140.

§ 93-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
GARBAGE
Putrescible animal and vegetable waste 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; 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.
PUBLIC PLACE
Any area that is used or held out for use by the public, whether owned or operated by public or private interests, including but not limited to all streets, sidewalks, boulevards, alleys, beaches or other public ways, and all public parks, squares, spaces, docks, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid waste (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, furniture, appliances and solid market and industrial waste.
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.

§ 93-2 General prohibitions.

No person shall throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle. Where litter receptacles are not provided, all such litter shall be carried away from any public area by the person responsible for its presence and properly disposed of elsewhere.

§ 93-3 Improper disposal of waste.

[Amended 4-11-2005 by Ord. No. 691]
A. 
Purpose. The purpose of this section is to prohibit the spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Township of Boonton so as to protect public health, safety and welfare and to prescribe penalties for the failure to comply.
B. 
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Boonton or other public body and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
C. 
Prohibited conduct. No person shall spill, dump, or dispose of materials other than stormwater to the municipal separate storm sewer system or spill, dump or dispose of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system.
D. 
Exceptions:
(1) 
Waterline flushing and discharges from potable water sources.
(2) 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).
(3) 
Air-conditioning condensate (excluding contact and non-contact cooling water).
(4) 
Irrigation water (including landscape and lawn watering runoff).
(5) 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
(6) 
Residential car washing water, and residential swimming pool discharges.
(7) 
Sidewalk, driveway and street wash water.
(8) 
Flows from fire-fighting activities.
(9) 
Flows from rinsing of the following equipment with clean water:
(a) 
Beach maintenance equipment immediately following its use for its intended purposes; and
(b) 
Equipment used in the application of salt and deicing materials immediately following salt and deicing material applications. Prior to rinsing with clean water, all residual salt and deicing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded. Rinsing of equipment, as noted in the above situation, is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
E. 
Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter, as well as any curbs, sidewalks, areaways, backyards, courts and alleys abutting their property.

§ 93-4 Litter thrown by persons in vehicles.

No person, while a driver or passenger in a vehicle, shall throw or deposit litter in or upon any public or private property. No person shall cast, shoot or throw anything at, against or into any vehicle, railroad car, airplane or other facility of transportation or shall place any stick, stone or other substance upon any railroad track with intent to injure any car passing thereon or the passengers therein.

§ 93-5 Transportation from outside Township.

No person shall bring, cart, remove, transport or collect any litter from outside the Township and bring it into the Township for the purpose of dumping or disposing thereof except in an established sanitary landfill. No truck or other vehicle containing litter which has been transported into the Township shall be parked or allowed to remain standing on any street in the Township or on any public property for a period in excess of two hours.

§ 93-6 Handbills.

Advertisements, handbills, circulars and papers may be distributed in the Township only if they are so securely placed at each dwelling that they will not be blown away by the wind; otherwise, no person shall place any advertisement, handbill, circular or paper on or in any public street, sidewalk, building or vehicle within the Township.

§ 93-7 Owner to maintain premises free of litter.

The owner or person in control of any private property shall at all times maintain the premises free of litter, provided that this section shall not prohibit the storage of litter in private litter receptacles for collection.

§ 93-8 Storage of certain items prohibited.

In residential zones, no person, firm or corporation shall store or permit the storage of any out-of-service bulky items such as appliances, furniture, mattresses or tires, except in a fully enclosed structure. A farm, as defined in these ordinances, shall be exempt from this prohibition, provided that the outdoor storage of any such item is in furtherance of a legitimate farm-related purpose.

§ 93-9 Storage of tires.

It shall be unlawful for any residential property owner to openly store or permit the open storage of tires in areas zoned residential, unless such tire or tires are stored in such a manner that there does not exist the potential for the breeding of mosquitoes.

§ 93-10 Prohibiting dumps; preventing dumping of garbage.

A. 
Except in accordance with a permit issued pursuant to the New Jersey Solid Waste Management Act[1], it shall be unlawful for any person, persons, firm, association or corporation, whether as principal or agent, servant or employee, Clerk or otherwise, to use or permit to be used any land, road, alley, lane or street as a dumping ground for garbage, ashes, trash, debris, rubbish, wastepaper, motor vehicle junk or other refuse matter or to establish a dump within the Township limits of the Township of Boonton.
[1]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
B. 
No person, persons, firm, association or corporation, whether as principal or agent, servant or employee, Clerk or otherwise, shall throw or discard garbage, ashes, trash, debris, rubbish, wastepaper, motor vehicle junk or other refuse matter upon the public streets, roads or avenues or the lands directly abutting the public streets, roads or avenues within the limits of the Township.
C. 
Any materials unlawfully dumped within the limits of the Township may be examined in order to establish their point of origin. If their point of origin can be established, the person, firm or corporation from which such materials originated shall be required to demonstrate that said materials were disposed of in a lawful manner.
D. 
It shall be unlawful for any person to deposit any litter, refuse or rubbish, including garbage or recyclables, generated from private residential premises or nonresidential premises in any litter receptacle that is not located on the private residential or nonresidential premises from which such litter, refuse or rubbish is generated; except that recyclables generated from any premises located in the Township of Boonton may be deposited in designated containers located at the municipal recycling center.
[Added 6-13-2016 by Ord. No. 849]

§ 93-11 Litter from commercial vehicles.

It shall be unlawful for any vehicle to be driven, moved, stopped or parked within the Township, on any highway, street, alley or other public place, unless such vehicle is constructed or loaded to prevent any of its contents from dropping, shifting, leaking or otherwise escaping therefrom. Any person, corporation, partnership or other organization who or which drives or moves or causes to be driven or moved any commercial vehicle or truck with wheels or tires which carry onto or deposit mud, dirt, sticky substances, construction debris or foreign matter of any kind in any street or other public place so as to cause a health or safety problem shall immediately remove said materials from the public street or other public place. Any person operating a vehicle from which any glass or objects have fallen or escaped which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property shall immediately cause the public property to be cleaned of all glass or objects and shall pay the costs thereof.

§ 93-12 Construction sites.

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 litter receptacles and/or dumpsters adequate to accommodate litter at areas convenient to construction areas and to maintain and empty the litter receptacles in such a manner and with such a frequency as to prevent spillage of litter. All renovations shall require a dumpster unless not required by the Board of Health.

§ 93-13 Enforcement, violations and penalties.

[Amended 4-11-2005 by Ord. No. 691]
A. 
Enforcement. All police officers of the Township are hereby given full power and authority and are charged with the duty to enforce all provisions of this chapter.
B. 
Penalties. Any person or persons, firm, association or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to any one or more of the following penalties; a fine in no event less than $100, or the penalties provided in § 1-15 of this Code.
[Amended 4-9-2007 by Ord. No. 739]