[HISTORY: Adopted by the Council of the Borough
of Fair Lawn 7-27-1982 as Sec. 3-2 of the 1981 Revised General Ordinances.
Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Anti-Litter Ordinance" of the Borough.
As used in this chapter, the following terms
shall have the meanings indicated:
A litter storage and collection receptacle as required by
Borough ordinance or other regulation promulgated by the Borough Manager,
in providing for a refuse collection system.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
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.
A park, reservation, playground, beach, recreation center
or any other public area in the Borough, owned or used by the Borough
and devoted to active or passive recreation.
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.
Any and all streets, sidewalks, boulevards, parking lots
open to the public, parking areas open to the public, alleys and other
public ways, and any and all public parks, squares, spaces, grounds
and public buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including ashes, street cleanings, dead animals, abandoned
automobiles, other abandoned personal property and solid market and
industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as abandoned circulars, leaflets,
pamphlets, wrappers, handbills, newspapers and all and any other printed
or nonprinted paper material, cigarettes, cardboard, tin cans, yard
clippings, leaves, wood, glass and other similar materials.
[Amended 5-25-2021 by Ord. No. 2577-2021]
A.
No person
shall throw or deposit litter in or upon any street, sidewalk or other
public place within the Borough except in public receptacles duly
authorized and provided by the Borough, authorized private receptacles
for collection, or in areas officially designated as Borough dumping
areas, provided that all such authorized deposits shall be made in
the manner and to the extent otherwise permitted by other ordinances
or state law.
B.
No person
shall deposit household or commercial garbage in public receptacles
duly authorized and provided by the Borough.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such manner and
in such containers as will 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, street or other 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 sidewalks,
entrance walks, parking lots and parking areas in front of or upon
their premises free of litter.
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, move or park any truck
or other vehicle on public or private property within the Borough
unless such vehicle is so constructed or loaded as to prevent any
load contents or litter from being blown or deposited upon any public
or private place.
No person shall throw or deposit litter in any public place within the Borough except to make deposits in public receptacles to the extent and in the manner permitted by §§ 140-3 and 140-4 above. Where public receptacles are not provided, all such litter shall be carried away from the public place by the person responsible for its presence and properly disposed of elsewhere as provided herein.
No person shall throw or deposit litter in any
fountain, pond, lake, stream, bay or any other body of water in a
public place or elsewhere within the Borough.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any vehicle; provided, however,
that it shall not be unlawful in any public place for a person to
hand out or distribute without charge to the receiver thereof a noncommercial
handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
No person in any aircraft shall throw out, drop
or deposit within the Borough any litter, handbill or any other object.
No person shall throw or deposit litter on any
occupied private property within the Borough, whether owned by such
person 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 be prevented from being carried
or deposited by the elements upon any street, sidewalk or other public
place or upon any private property.
The owner or person in control of any private
property shall at all times maintain the premises free of litter;
provided, however, that this chapter shall not prohibit the storage
of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any
open or vacant private property within the Borough, whether owned
by such person or not.
A.
Any person providing to his/her customers or patrons
shopping carts which, being mounted on wheels, are able to be moved
off of the premises of such person, shall cause to be placed and maintained
upon such shopping carts in a conspicuous manner the name of the owner
thereof and shall likewise place and maintain thereon in such conspicuous
manner a further notice reading as follows: "The removal of this cart
from these premises is prohibited by law."
B.
No person shall move, push or carry any shopping cart
belonging to and bearing the name of another person or owner upon
any street, sidewalk or other public place or private property other
than the premises of the owner of the shopping cart.
C.
The person operating a place of business which supplies
his/her shopping carts for the use of his/her customers or patrons
shall keep the sidewalk, parking lots and parking areas in front of
or upon his/her business premises clear of such shopping carts by
removing therefrom any shopping carts left thereon by his/her customers
or patrons; provided, however, that he/she may, while his/her place
of business is open, maintain in a suitable area not interfering with
the ingress and egress of customers or patrons on foot or in automobiles
a place for the orderly collection of shopping carts. No person using
a shopping cart shall leave the same in any place outside of the premises
of the owner than in the designated outside collection area.
[Added 5-28-1996 by Ord. No. 1633-96]
A.
It shall be unlawful for any person to discard or
dump along any street or road, on or off any right-of-way, any solid
waste, including but not limited to vehicle or vehicle parts, rubber
tires, appliances, furniture, construction wastes or demolition wastes.
B.
It shall be unlawful for any person to discard or
dump on any property, public or private, or in any body of water any
solid waste, including but not limited to vehicle or vehicle parts,
rubber tires, appliances, furniture, construction wastes or demolition
wastes or any manner of solid waste without the express written consent
of the property owner, and then only in a litter receptacle or waste
container designed for the express purpose of solid waste storage
or disposal.
C.
Open dumps are declared to be a nuisance, hazardous
to human health and are prohibited. Leaf composting facilities operating
in compliance with all applicable regulations and possessing all applicable
permits or those operated by property owners or operators solely for
the purpose of composting vegetative wastes produced on-site shall
not be regulated by this chapter.
D.
The land application of clean fill, provided that
it is wholly uncontaminated by the presence of other solid waste and
further provided that it is applied by the property owner or with
the express written consent of the property owner, shall not be regulated
by this chapter.
[Added 5-28-1996 by Ord. No. 1633-96]
A.
It shall be unlawful for any residential or commercial
property owner to permit open or overflowing waste disposal bins,
containers or litter receptacles on his or her property.
B.
It shall be unlawful for any residential or commercial
property owner to permit the presence of waste disposal bins, containers
or litter receptacles in a manner which promotes or tends to promote
the presence of any disease vector.
[Added 5-28-1996 by Ord. No. 1633-96; amended 6-19-2018 by Ord. No. 2469-2018]
A.
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 containers adequate to accommodate flyable
or non-flyable solid waste at areas convenient to construction areas
and to maintain and empty the receptacles in such a manner and with
such a frequency as to prevent spillage of solid waste. The Construction
Official or his/her designee shall also have the authority to enforce
this chapter.
B.
Based upon the extent of the demolition, excavation and/or construction
as determined by the Construction Official or his/her designee, the
following shall be required prior to the issuance of a permit pursuant
to N.J.A.C. 5:23-2.17 or other applicable regulation:
(1)
Certificate of extermination. A certificate of extermination shall
be furnished to the Construction Official from a reputable extermination
contractor that the property has been exterminated for rodents and
other vermin within one week prior to demolition, excavation and/or
construction.
(2)
Continued trapping of rodents and other vermin. Pursuant to N.J.A.C.
5:23-2.17 or other applicable regulation, the owner of the property
shall be required to continue trapping for rodents and other vermin
within a perimeter of 50 feet of the property boundary lines, until
such time as all debris has been cleared from the site.
[Added 5-28-1996 by Ord. No. 1633-96]
A.
Any person who shall violate any of the provisions
of this chapter or who shall fail to comply therewith or with any
of the requirements thereof shall be punishable by a penalty as set
forth below.
B.
Each day that a violation continues shall constitute
a separate and distinct offense, punishable by the imposition of additional
penalties as are set forth below.
C.
For penalty determination purposes, any prior violation
of the same provision having occurred within the five years immediately
preceding the current violation shall be considered in determining
the rank of the current violation.
D.
The violation of any section or subsection of this
chapter shall constitute a separate and distinct offense independent
of the violation of any other section or subsection or of any order
issued pursuant to this chapter. For any of the offenses set forth
herein, and in addition to any other penalty, the court may, in its
discretion, impose a penalty of a period of community service not
to exceed 90 days.
[Amended 1-16-2002 by Ord. No. 1888-2002]
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1st Offense
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2nd Offense
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3rd Offense
|
4th and each Subsequent Offense
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|---|---|---|---|---|---|
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Littering prohibited
[Amended 4-2-2002 by Ord. No. 1904-2002] |
A fine not to exceed $100 or community service,
or both
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A fine not to exceed $200 and community service
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A fine not to exceed $600 and community service
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A fine not to exceed $1,000 and community service
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Illegal dumping:
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Street or road:
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Less than 10 cu. yds.
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$100
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$200
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$400
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$500
| |
|
More than 10 cu. yds.
|
$200
|
$400
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$500
|
$500
| |
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Public/private property:
| |||||
|
Less than 10 cu. yds.
|
$100
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$200
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$400
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$500
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More than 10 cu. yds.
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$200
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$400
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$500
|
$500
| |
|
Open dump:
| |||||
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Less than 25 cu. yds.
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$100
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$200
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$400
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$500
| |
|
25 to 100 cu. yds.
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$200
|
$400
|
$500
|
$500
| |
|
More than 100 cu. yds.
|
$400
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$500
|
$500
|
$500
| |
|
Open or overflowing waste disposal bins:
| |||||
|
Open/overflowing waste bins
|
$100
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$200
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$400
|
$500
| |
|
Disease vectors
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$100
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$200
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$400
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$500
| |
|
Construction sites
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$200
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$300
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$400
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$500
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|
Distribution of handbills:
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Handbill/natural forces
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$50
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$100
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$200
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$300
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Handbill removal
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$50
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$100
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$200
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$300
|
E.
All penalties collected from this chapter are to be
set aside in a Litter Fund which shall be used by the Borough for
collection of litter, anti-litter education or enforcement.
