[HISTORY: Adopted by the Mayor and Council of the Borough of Branchville as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-4-1983 by Ord. No. 3-83]
As used in this article, 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
Garbage, refuse and rubbish, as 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.
PRIVATE PREMISES
Any dwelling house, building or other structure designed or used, whether wholly or in part, for private residential purposes, whether inhabited, temporarily or continuously uninhabited or vacant, and includes any yard, ground, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling house, building or other structure.
PUBLIC PLACE
All streets, sidewalks, boulevards, alleys or other public ways, and all public parks, squares, spaces, docks, grounds and buildings.
PUBLIC STRUCTURE OR BUILDING
Any structure or building owned or operated by the federal, County or state government or any governmental agency.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals 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.
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 on stationary rails or tracks and also including vehicles designed for propulsion on snow and ice.
No person shall sweep, throw, deposit or dump litter in or upon any occupied, open or vacant property, whether owned by such person or not, or in or upon any street, sidewalk, park or other public place, or any pond, lake or stream or other body of water within the Borough, except in public receptacles or in authorized private receptacles for collection. 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 street, sidewalk or other public place or upon private property.
No person, including merchants owning or occupying a place of business, shall sweep into or deposit in any gutter, street or public place within the Borough the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their 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 authorized private receptacles for collection.
No person shall throw, deposit or store litter on any private property within the Borough, whether owned by the person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection and removal of same in such manner that same shall not be unsightly and detrimental to the surrounding neighborhood.
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 or upon private property.
No person shall drive or move any truck or other vehicle within the Borough unless such vehicle is so constructed or loaded as to prevent its load, contents or litter from being blown or deposited upon any street, alley or other public place; nor shall any person drive or move any vehicle or truck within the Borough, the wheels or tires of which carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.
No person shall bring, cart, remove, transport or collect any litter from outside or into the Borough for the purpose of dumping or disposing thereof without the express consent of the Borough Council. No truck or other vehicle containing litter which has been transported into the Borough shall be parked or allowed to remain standing on any street in the Borough or on any public property for a period in excess of two hours.
No person shall cast or place or cause to be cast or placed any advertisement, handbill, circular or paper on any public street, on sidewalks, into any vestibules or yards, upon porches of any dwelling house or other buildings or into any vehicle while on the public highways or on private property within the Borough, except that this section shall not apply to newspapers and addressed envelopes delivered to subscribers and addresses. Advertisements, handbills, circulars and papers may be distributed in the Borough, provided that they are securely placed at each dwelling so as not to be blown away by the wind.
A. 
Penalties. Any person or corporation violating the provisions of this article shall, upon conviction, be subject to the penalties provided by § 1-15 of this Code.
[Amended 1-16-2008 by Ord. No. 01-2008]
B. 
Separate violations. Every day in which a violation of any provision of this article exists shall constitute a separate violation.
C. 
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
This article shall not be construed to prohibit a compost pile, compost heap or compost container, provided that it is not more than 64 cubic feet in bulk.
[Adopted 12-6-2023 by Ord. No. 14-2023[1]]
[1]
Editor's Note: This article was originally specified to be added as Chapter 32 but was renumbered to maintain the organization of the Code.
This article establishes requirements to control littering in the Borough of Branchville 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 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.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
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.
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.
This article shall be enforced by the New Jersey State Police, Sussex County Health Department, and the Branchville Borough Zoning Officer.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $2,000.