[HISTORY: Adopted by the Borough Council of the Borough of Mountain
Lakes 6-23-1980 as Sec. 3-2 of the 1980 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A place where gasoline, oil and services for automobiles and other
motor vehicles are sold, either at wholesale or retail prices.
Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined in this section, and all
other waste material which, if thrown, deposited or stored as prohibited in
this chapter, tends to create a danger to public health, safety and welfare.
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. It shall include any
yard, ground, walk, driveway, porch, steps or vestibule belonging or appurtenant
to such dwelling, house, building or other structure.
Any street, sidewalk, alley or other public way and any and all public
parks, squares, grounds and buildings.
Any structure or building owned or operated by the federal, state
or county government or any governmental agency.
All putrescible solid wastes, except body wastes, including garbage,
rubbish, ashes, street cleanings, dead animals, abandoned automobiles and
parts thereof, scrap metal, junk, machinery, and solid market and industrial
wastes.
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, building materials and similar materials.
No person shall throw or deposit litter in or upon any street, sidewalk
or other public places within the Borough, except in public receptacles, in
authorized private receptacles for collection, or in official Borough dumps.
No person shall throw or deposit litter in any park within the Borough,
except in public receptacles and in such a manner that the litter shall be
prevented 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 away from the park by the person
responsible for its presence and properly disposed of elsewhere.
No person shall throw or deposit litter in any fountain, pond, lake,
stream, bay or any other body of water in a park or elsewhere within the Borough.
[Amended by Ord. No. 20-97]
No person shall throw or deposit litter, leaves, brush or yard waste
of any kind on any Borough-owned vacant property or privately owned vacant
property. This provision shall not preclude any person from composting leaves,
brush or yard waste of any kind on his or her property.
The owner or person in control of any private property shall at all
times maintain the premises free of litter, except that this section shall
not prohibit the storage of litter in authorized private receptacles for collection.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Borough any waste materials or rubbish, as defined in § 142-1, but such person shall keep the sidewalk in front of his business premises free of litter. All persons operating filling stations or other mercantile establishments where commodities are sold between any curb area of the Borough and the office building or equipment from which such commodities are dispensed shall maintain at all times covered receptacles into which all waste materials and rubbish may be deposited by customers, employees or other persons.
The owner, agent, lessee, tenant, occupant or other person who manages
or controls a building or lot shall be jointly or severally responsible for
keeping the sidewalk, flaggings, curbstone and the air shafts, areaways, backyards,
courts, parking lots and alleys free from litter, whether the property is
owned by such person or not, except that the owner or person in control of
private property may maintain authorized private receptacles for collection
and removal of the same in such a manner that the litter shall not be unsightly
and detrimental to the surrounding neighborhood.
No person shall sweep into or deposit in any gutter, street or other
public place within the Borough the accumulation of litter from any public
or private driveway. Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter.
No person shall drive or move any truck or any vehicle within the Borough
unless such vehicle is so constructed or loaded as to prevent any load or
content of litter from being blown or deposited upon any street, alley or
any other public place.
No person, while a driver or passenger in a vehicle, shall throw or
deposit litter upon any street or other public place within the Borough.
No person in an aircraft shall throw out, drop or deposit in the Borough
any litter, handbill or any other object.
[Amended by Ord. No. 10-83]
A.
Distribution at public places. No person shall throw
or deposit any commercial or noncommercial handbill, newspaper, paper, periodical,
magazine, circular, card or pamphlet in any public place, provided that any
person may hand out or distribute without charge to the receiver thereof any
noncommercial handbill, newspaper, paper, periodical, magazine, circular,
card or pamphlet on any sidewalk, street or other public place within the
Borough to any person willing to accept it.
B.
Distribution at private premises. No person shall throw, deposit or distribute any commercial handbill, newspaper, paper, periodical, magazine, circular, card or pamphlet in or upon private premises which are inhabited, except by handing or transmitting any such material directly to the owner, occupant or other person then present in or upon such private premises, provided that in case of inhabited private premises which are not posted as provided in § 142-15, such person, unless requested by anyone upon such premises not to do so, shall have the authority to place or deposit any such handbill, newspaper, paper, periodical, magazine, circular, card or pamphlet in or upon such inhabited private premises if such materials are so placed or deposited as to secure or prevent them from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be used when prohibited by the law or regulations.
C.
Exceptions. The provisions of this section shall not
apply to distribution of mail by the postal service.
No person shall throw or deposit any commercial or noncommercial handbill,
newspaper, paper, periodical, magazine, circular, card or pamphlet in or upon
any private premises which is temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill, newspaper, paper, periodical, magazine, circular, card or pamphlet
upon any private premises if requested by anyone thereon not to do so or if
there is placed on such 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 in any manner that the
occupants of such premises do not desire to be molested or have their right
of privacy disturbed or to have any such material left upon such premises.
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 or shade tree or upon any public structure or building, except
as may be authorized by the owners thereof or required by law.
No person shall throw or deposit any commercial or noncommercial handbill,
newspaper, paper, periodical, magazine, circular, card or pamphlet in or upon
any vehicle, provided that a person may hand out or distribute, without charge
to the receiver thereof, a noncommercial handbill, newspaper, paper, periodical,
magazine, circular, card or pamphlet to any occupant of a vehicle who is willing
to accept it.
Persons placing litter 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 streets, sidewalks or other public places.
No person shall tamper with or take or remove any of the contents from
any public or private receptacle containing garbage, refuse, rubbish, junk
or any other waste material which has been placed or deposited along any public
highway, street, lane or alleyway for collection by the Borough or any of
its agents or servants.
