City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, weeds, uncut grass and debris — See Ch. 175.
Garbage, rubbish and refuse — See Ch. 261.
[Adopted 12-20-1960 by Ord. No. 3319 as Chapter 16 of the Revised Ordinances of the City of Clifton, New Jersey, 1960]

§ 307-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
AIRCRAFT
Any contrivance, now known or hereafter invented, used or designated for navigation or for flight in the air. "Aircraft" includes helicopters and lighter-than-air dirigibles and balloons.
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle weighing not more than 70 pounds when filled, constructed of galvanized metal, leakproof, not more than 26 inches in height and having a metal cover or lid.
COMMERCIAL HANDBILL
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:
A. 
Advertises any merchandise, product, commodity or thing for sale;
B. 
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;
C. 
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. The terms of this clause 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. Nothing contained in this clause 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 the state or ordinance of the City; or
D. 
While containing reading matter other than advertising matter, is predominantly 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.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
HANDBILL
Includes both "commercial handbills" and "noncommercial handbills" as such terms are defined in this section.
LITTER
"Garbage," "refuse" and "rubbish" as such are defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
NEWSPAPER
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 officer as provided by general law. In addition thereto, "newspaper" means and includes any periodical or magazine regularly published with not less than four issues per year, and sold to the public.
NONCOMMERCIAL HANDBILL
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" or "newspaper."
PARK
A park, reservation, playground, beach, recreation center or any other public area in the City owned or used by the City and devoted to recreation.
PRIVATE PREMISES
Any dwelling, house, building or other structure designed or used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
Includes all streets, sidewalks, boulevards, alleys or other public ways and all public parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, and similar materials.
VEHICLE
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.

§ 307-2 Littering in streets and public places prohibited.

No person shall throw or deposit litter in or upon any street, sidewalk or other public place except in public receptacles or in authorized private receptacles for collection, or in official City dumps.

§ 307-3 Litter to be placed in receptacles.

[Amended 11-1-1988 by Ord. No. 5308-88]
A. 
Litter shall be placed in public receptacles or in authorized private receptacles in such a manner as to prevent it from being scattered, carried or deposited by the elements upon any street, sidewalk or other public place.
B. 
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear quarter-mile without a receptacle; buildings held out for use by the public, including schools, government buildings and railroad and bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; campgrounds and trailer parks; marinas, boat moorage and fueling stations; boat launching areas; public and private piers operated for public use; beaches and bathing areas; and at special events to which the public is invited, station islands sporting events, parades, carnivals, circuses and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.
C. 
"Litter receptacle" means a container suitable for the depositing of litter.

§ 307-4 Sweeping litter into gutters or streets prohibited.

No person shall sweep into or deposit in any gutter, street or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his premises free of litter.

§ 307-5 Businesses to keep sidewalks free of litter.

No person who owns or occupies a place of business shall sweep into or deposit in any gutter, street or other public place the litter from any building or lot or from any public or private sidewalk or driveway. Every person who owns or occupies a place of business shall keep the sidewalk in front of his business premises free of litter.

§ 307-6 Littering from vehicles prohibited.

No person shall throw or deposit litter from a vehicle upon any street or other public place.

§ 307-7 littering by trucks prohibited.

No person shall drive or move any truck or other 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. 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 mud, dirt, sticky substances or foreign matter of any kind.

§ 307-8 Littering in parks prohibited.

No person shall throw or deposit litter in any park except in public receptacles and in such a 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.

§ 307-9 Littering in fountains and bodies of water prohibited.

No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water.

§ 307-10 Distribution of handbills in public places.

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 any commercial handbill 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 willing to accept it.

§ 307-11 Depositing handbills on vehicles prohibited.

[Amended 1-20-1987 by Ord. No. 5136-87]
No person shall throw or deposit, or cause to be thrown or deposited, 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.

§ 307-12 Depositing handbills on uninhabited premises prohibited.

No person shall throw or deposit any handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

§ 307-13 Distribution of handbills on posted premises prohibited.

[Amended 12-2-1997 by Ord. No. 5939-97]
A. 
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 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.
B. 
No person shall door-to-door canvass, solicit, distribute handbills, or fund-raise 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 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.

§ 307-14 Distribution of handbills on inhabited premises.

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 in § 307-13 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. 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 § 307-1.

§ 307-15 Dropping litter from aircraft prohibited.

No person while in an aircraft shall throw out, drop or deposit upon or within the City any litter, handbill or any other object.

§ 307-16 Posting of notices on public structures or buildings prohibited.

No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole, shade tree or upon any public structure or building, except as may be authorized or required by law.

§ 307-17 Littering on occupied private property prohibited.

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 may maintain authorized private receptacles for collection in such a manner that litter will not be carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.

§ 307-18 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. This section shall not be construed to prohibit the storage of litter in authorized private receptacles for collection.

§ 307-19 Littering on vacant lots prohibited.

No person shall throw or deposit litter on any open or vacant private property, whether owned by such person or not.

§ 307-20 Notice to owner to dispose of litter; failure to comply.

A. 
Notice to remove. The Health Inspector is authorized and empowered to notify the owner of any open or vacant private property, or the agent of such owner, to properly dispose 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, addressed to said owner or his agent at his last known address.
B. 
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of the litter within seven days after receipt of written notice specified in Subsection A of this section, or within seven days after the date of such notice in the event that it is returned to the City 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 or agent, the Health Inspector is authorized and empowered to pay for disposing of such litter or to order its disposal by the City.
C. 
Charge included in tax bill. When the City has effected the removal of dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of 6% per annum from the date of the completion of the work, 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 City. The charge shall be due and payable by the owner at the time set for payment of the tax bill.
D. 
Recorded statement constitutes lien. Where the full amount due the City is not paid by the owner within 30 days after the disposal of such litter, as specified in Subsections A and B of this section, then, and in that case, the Health Inspector shall cause to be recorded in the City Clerk's office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement 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 of 7% 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. Sworn statements recorded 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.

§ 307-21 Violations and penalties.

[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 30 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Adopted 9-6-2005 by Ord. No. 6512-05]

§ 307-22 Definitions.

As used in this article, the following terms shall have the meanings indicated:
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.[1]
LITTER RECEPTACLE
A container suitable for the depositing of litter.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
[1]
Editor's Note: See also definition of "litter" in § 307-1.

§ 307-23 Prohibited acts and regulated activities.

A. 
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.[1]
[1]
Editor's Note: See also § 307-3.
B. 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this article, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this article.[2]
[2]
Editor's Note: See also § 307-6.

§ 307-24 Enforcement.

The provisions of this article shall be enforced by the Police Department, Housing Department and Health Department of the City of Clifton.

§ 307-25 Violations and penalties.

Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not exceeding $1,250; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days.