[HISTORY: Adopted by Township Committee of
the Township of Franklin 6-6-1980 (Ch. 89 of the 1988 Code). Amendments noted where applicable.]
[Amended 10-31-2006 by Ord. No. 2006-12]
A.
AUTHORIZED PRIVATE RECEPTACLE
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
GARBAGE
LITTER
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
TOWNSHIP
VEHICLE
Definitions. For the purposes of this chapter, the
following words shall have the following meanings:
A litter storage and collection receptacle provided by the
owner or occupier of private premises.
Any printed or written matter, sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copy of any matter of literature
which:
Advertises for sale any merchandise, product,
commodity or thing.
Directs attention to any business or mercantile
or commercial establishment or any activity for the purpose of either
directly or indirectly promoting the interest thereof by sale.
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;
but the terms of this subsection 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 either of the same is held, given or takes
place in connection with the dissemination of information which is
not restricted under the ordinary rules of decency, good morals, public
peace, safety and good order; provided that nothing contained in this
subsection 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 any law of this state or under any ordinance of this Township.
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 profit, benefit
or gain of any person so engaged as advertiser or distributor.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse or rubbish and all other waste material which,
if thrown or deposited as herein prohibited, tends to create a danger
to public health, safety and welfare.
Any newspaper of general circulation as defined by general
law; any newspaper duly entered with the United States Postal Service
in accordance with federal statute or regulation; and any newspaper
filed and recorded with any recording officer as provided by general
law; and, in addition thereto, shall mean and include any periodical
or current magazine regularly published with not less than four issues
per year and sold to the public.
Any printed or written matter, any sample or device, dodger,
circular, 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 definition of a
"commercial handbill" or "newspaper."
A park, reservation, playground, recreation center or any
other public area of the Township or other public entity devoted to
active or passive recreation by the public.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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, ground, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Any and all streets, roads, sidewalks, alleys or other public
ways and any and all public parks, squares, spaces, grounds and buildings.
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.
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.
The Township of Franklin in the County of Hunterdon and State
of New Jersey.
Every device in and 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.
B.
The plural shall include the singular number, and
words used in the singular number include the plural number.
No person shall throw or deposit litter in or
upon any street, road, sidewalk or other public place within the Township
except in public receptacles or 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, road, alley or other public place or upon private
property.
No person shall sweep into or deposit in any
gutter, street or public place within the Township the accumulation
of litter from any building or lawn or from any public or private
sidewalk or driveway. Persons owning or occupying property shall keep
any sidewalk in front of their premises free of litter.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or public place
within the Township the accumulation of litter from any building or
lot or from any public or private sidewalk or driveway. Persons owning
or occupying places of business within the Township shall keep the
sidewalk in front of their business 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 Township or upon private property.
No person shall throw or deposit any commercial
or noncommercial handbill or newspaper in or upon any sidewalk, street
or other public place within the Township, nor shall any person distribute
or sell any commercial handbill or newspaper in any public place;
provided, however, that it shall not be unlawful on any sidewalk,
street or other public place within the Township for any person to
hand out or distribute without charge to the receiver thereof any
noncommercial handbill or newspaper to any person willing to accept
it.
No person shall throw or deposit any commercial
or noncommercial handbill or newspaper 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 or newspaper to any occupant of a vehicle who
is willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill or newspaper in or upon any private premises which are temporarily or continuously uninhabited or vacant. Section 231-11B shall apply hereto.
No person shall throw, deposit or distribute any commercial or noncommercial handbill or newspaper upon any private premises if requested by anyone thereon 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 Advertisements" or any similar notice indicating in any manner that the occupant of the premises does not desire to be molested or have his right of privacy disturbed or to have any such handbills or newspapers left upon such premises. Section 231-11B shall apply hereto.
A.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill or newspaper in or upon private premises
which are inhabited except by handing or transmitting the same directly
to the owner, occupant or other person then present in or upon such
private premises; provided, however, that in the case of inhabited
private premises which are not posted as provided in this chapter,
such person, unless requested by anyone upon the premises not to do
so, may place or deposit any such handbill or newspaper in or upon
such inhabited private premises if the same is so placed or deposited
as to secure or prevent the same from being blown about such premises
or sidewalks, streets or other public places and the same is not placed
upon the surface of the ground. Mailboxes may not be used when so
prohibited by federal postal law or regulations, but private boxes
may be used when so provided.
B.
The provisions of this section shall not apply to
the distribution of mail by the United States or its agents or legally
authorized deliverers.
No person shall throw or deposit litter on any
occupied private property within the Township, 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 section 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 Township, whether owned
by such person or not.
[Added 12-3-1992 by Ord. No. 92-24]
It is unlawful within the Township of Franklin
for any person, firm or corporation to throw, cast, place, litter,
discard or dump along any street or road, on or off any right-of-way,
any household or commercial waste, rubbish, refuse, junk, vehicle
or vehicle parts, rubber tires, appliances, furniture or personal
property in any place not specifically designated for the purpose
of waste storage or disposal. It shall further be unlawful within
the Township of Franklin for any person, firm or corporation to throw,
cast, place, litter, discard or dump within the Township of Franklin
any leaves, branches or similar items in connection with a commercial
operation for the treatment, disposal or removal of any of the aforesaid
items.
