[Adopted 11-9-1992 by Ord. No. 92-8[1]]
[1]
Editor's Note: This ordinance superseded former Art. I, adopted 3-31-1958; and Art. II, adopted 2-28-1966, as amended.
A. 
The Township of Franklin, County of Warren, and its officers shall take all action necessary and appropriate to participate in the New Jersey Clean Communities Model Program for Municipalities pursuant to P.L. 1986, c. 187, N.J.S.A. 13:1E-99.2e, as the same shall, from time to time, be amended. It is the intent of the Mayor and Committee to provide for, promote, clarify and consolidate certain provisions of local law in order to assist and promote efforts toward an attractive, safe, healthy and clean environment within the Township of Franklin.
B. 
The implementation of the New Jersey Clean Communities Model Program for Municipalities in the Township of Franklin shall be the responsibility of the Clean Communities Act Coordinator of the Township of Franklin.
C. 
The Mayor of the Township, after consultation with the Township Committee, shall designate a resident of the Township as Coordinator for this program annually in January of each year.
D. 
The Municipal Court of the Township of Franklin is hereby given jurisdiction to hear charges of all violations of Chapter 83 of this Code as issued by the enforcement officer or Board of Health Officer or their agents.
A. 
It is unlawful for any person in the Township of Franklin to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than in a litter receptacle. "Litter" means 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 materials, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing, except as herein otherwise provided.
B. 
No person, persons, partnership, association, firm or corporation shall deposit, maintain or permit to be deposited, maintained or to accumulate in or upon any public or private street or thoroughfare or place or in or upon any privately owned property or building in the Township of Franklin any household, garage or factory waste; any garbage, offal, excrement, sewage, tin cans or rubbish; any dead animals or parts thereof; any decaying; or putrescible matter, fruit, vegetables, fish, meat or bones; any oyster or clam shells, or any foul, putrid or decaying liquid or substance.
A. 
No person shall be permitted to sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any private or public sidewalk or driveway. Every person who owns or occupies property must keep the sidewalk in front of the premises free of litter. All litter sweepings must be collected and properly containerized for disposal.
B. 
Any and all litter and garbage which may be collected or accumulated in said Township of Franklin or which may be stored, kept or retained therein without violating this article shall be kept in watertight metal, plastic or rubber receptacles provided with tightly fitting covers. Said receptacles shall be kept clean, and no water shall be allowed to enter or collect therein except for the purpose of cleaning, and it shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
A. 
No person, persons, partnership, association, firm or corporation shall allow any garbage or excrement or any other offensive or decomposed solid or fluid matter or substance to leak or escape from any truck, container or vehicle used for the conveyance or carriage of litter or garbage materials through any portion of the Township of Franklin.
B. 
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any public roadway unless such a vehicle is constructed, covered or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any of the articles constituting litter have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, must immediately cause the public property to be cleaned and cleared or all such materials and must pay the costs therefor.
[Adopted 2-28-1966; amended 9-28-1987 by Ord. No. 87-9; 11-9-1992 by Ord. No. 92-8]
It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter, garbage, refuse or debris resulting from such activities to accumulate either before, during or after completion of the work. It is the duty of the owner, agent or contractor in charge of a site to furnish containers adequate to accommodate flyable and nonflyable debris, garbage or refuse at areas convenient to the construction or demolition site and to maintain and empty the receptacles in accordance with this chapter on a regular basis in such a manner as to prevent spillage of such debris, garbage or refuse on the land, and, in any event, all such debris, garbage and refuse shall be removed from the site not more than 30 days after completion of the construction or demolition activities. Salvaged building materials neatly stored on the owner's premises shall not be considered refuse or debris.
A. 
No person shall keep, store, abandon or leave upon any parcel of land, street, road, alley, way or parkway in the Township any motor vehicle not currently used for transportation and not being licensed for the current year or which cannot be readily operated under its own power; provided, however, that nothing herein contained shall be determined to prohibit the placing, keeping or storing of any such motor vehicle in an enclosed barn, garage or building, duly licensed junkyard or public garage or filling station. Farm machinery kept on a farmer's own premises is excluded from the provisions of this section.
B. 
Nothing herein shall be construed to pertain to junk dealers, junkyards, motor vehicle junk dealers, motor vehicle junkyards, wholesale junk dealers, wholesale junkyards or scavengers duly licensed by the Township of Franklin.
Upon complaint of any resident or property owner of the Township of Franklin or any person, firm, corporation or employee of said Township or upon his own volition, the Health Officer or Code Enforcement Officer or their designated agents shall make an investigation of the condition complained of and report thereon, in writing, to the Township Clerk for the Township Committee and/or issue a summons or summonses for said violation or violations.
Upon receiving said report, if the land in question about which the complaint was made is found to be in such condition that a violation of one or more of the provisions of § 83-5 or 83-6 hereof exists on said land, the Township Clerk shall notify the owner and possessor of said lands complained of, in writing, either personally or by certified mail (return receipt requested) and regular mail, to take such steps as will effectively remove said violation from said land within 10 days after receipt of said notice.
The Health Officer or Code Enforcement Officer or their designated agents shall reinspect said lands after the ten-day period shall have expired and shall report, in writing, to the Township Clerk for the Township Committee whether or not the unlawful condition complained of and previously found to exist in violation of this article has been abated or remedied.
In the event that the owner or possessor of said lands shall refuse or neglect to abate or remedy the condition complained of, and which constituted a violation of this article, after said 10 days' notice, the Township Committee shall cause the condition complained of to be abated and remedied.
Upon the removal of any of the materials prohibited to be stored or abandoned on lands by this article by or under the direction of such officer or officers of this Township in cases where the owner or tenant shall have refused or neglected to remove the same in the manner and within the time provided above, such officer or officers shall certify the cost thereof to the Township Committee, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands; the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon said lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
Any person convicted of a violation of any of the provisions of Article I or Article II shall, upon conviction, pay a fine not exceeding $1,000 or be imprisoned for a term not exceeding 90 days or by a period of community service for a term not exceeding 90 days, or any combination thereof, all in the discretion of the court before which such conviction is had. For each day that the court finds the violation or violations to have continued, the same shall constitute separate and distinct offenses, for which separate penalties can be imposed for each day of the continuing violation or violations.