[HISTORY: Adopted by the City Council of
the City of Garfield 12-5-1978 by Ord. No. 1676 (Ch. 166 of the 1979
Code). Amendments noted where applicable.]
The following terms as used in this chapter
shall have the meanings indicated:
A litter storage or collection receptacle approved by the
City.
The City of Garfield, County of Bergen and State of New Jersey.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter of literature:
Which advertises any merchandise, product, commodity
or thing for sale; or
Which directs attention to any business or mercantile
or commercial establishment or other activity for the purpose of either
directly or indirectly promoting the interest thereof by sales; or
Which 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 gain or profit.
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 it is held, is given or takes place in connection
with the dissemination of information which does not violate 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 a law of this state or ordinance
of the City; or
Which, while containing reading matter other
than advertising matter, is predominately and essentially an advertisement
and is distributed or circulated for advertising purposes or for the
private benefit and gain of any person so engaged as advertiser or
distributor.
Putrescible animal and vegetable waste resulting from either
the handling, preparation, cooking or consumption of food.
Includes both commercial handbills and noncommercial handbills,
as such terms are defined in this section.
Garbage, refuse and rubbish, as such are defined herein,
and all other waste materials which, if thrown or deposited as herein
prohibited, tend to create a danger to public health, safety and welfare
or render the streets, private grounds or public places unsightly.
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 office as provided by general
law. In addition, "newspaper" means and includes any periodical or
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, circular,
dodger, 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 definitions of
a commercial handbill and newspaper.
A park, playground, recreation center or any other public
area owned or used by the City of Garfield or other public entity
or government which is devoted to recreational purpose.
Any person, firm, partnership, association, corporation or
organization of any kind.
Any dwelling, house, building or other structure designated
or used either wholly or in part for private residential purposes,
whether inhabited or continuously uninhabited or vacant, and includes
any yard, grounds, walk, driveway, porch, steps or vestibule belonging
or appurtenant to such dwelling, house, building or other structure.
Any or all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
Any structure or building owned or operated by the federal,
county or state government or any governmental agency.
All putrescible solid wastes (except body wastes), including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, dismantled 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 papers, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery, building materials and similar materials.
All retail stores which permit off-premises consumption of
food or beverage.
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 upon stationary rails or tracks.
No person shall throw or deposit litter in or
upon any street, sidewalk or other public place within the City except
in public receptacles or in authorized private receptacles for collection;
provided, however, that said public receptacles shall not be used
by persons owning or occupying property in the vicinity of said public
receptacles for the deposit of domestic, commercial and industrial
litter arising from the conduct of said activities.
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, sidewalk or other public place.
No person shall sweep into or deposit in any
gutter, street or other public place within the City 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.
[Amended 6-23-1988 by Ord. No. 1992]
No person while a driver or passenger in a vehicle
shall throw or deposit litter upon any street or other public place
within the City. No person shall discard or dump along any street
or road, on or off any right-of-way, any household or commercial solid
waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires,
appliances, furniture or on private property, except by written consent
of the owner of said property, and in a place specifically designated
for the purpose of solid waste storage or disposal.
[Amended 6-23-1988 by Ord. No. 1992]
No person shall drive, move or park a truck
or other commercial vehicle on any highway unless such a vehicle is
constructed or loaded as to prevent any of its load from dropping,
sifting, leaking or otherwise escaping therefrom. No person shall
operate or move any vehicle or truck from which glass or objects have
fallen or escaped, which may cause an obstruction, damage a vehicle
or otherwise endanger travelers or public property, without immediately
causing the public property to be cleaned of all glass or objects.
No person shall drive or move any vehicle or truck if the wheels or
tires carry onto or deposit in any street or other public place any
mud, dirt, sticky substances or foreign matter of any kind from any
other place than the traveled portion of a public street.
No person shall throw or deposit litter in any
park except in public receptacles and in such manner as to prevent
such litter 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 from the
park by the person responsible for its presence and shall be properly
disposed of elsewhere.[1]
No person shall throw or deposit litter in any
fountain, lake, pond, stream, bay or any other body of water.
A.
No person shall throw or deposit any commercial or
noncommercial handbill in or upon any sidewalk, street or other public
place.
B.
No person shall hand out or distribute or sell commercial
handbills in any public place; provided, however, that it shall not
be deemed unlawful for any person to hand out or distribute without
charge to the receiver thereof, in any sidewalk, street or other public
place, any noncommercial handbill to any person who is willing to
accept it.
No person shall throw or deposit any handbill
in or upon any vehicle; provided, however, that it shall not be unlawful
for a person to hand out or distribute without charge to the receiver
thereof, in any public place, a noncommercial handbill to any occupant
of a vehicle who is willing to accept it.
No person shall throw or deposit any handbill
in or upon any private premises which are temporarily or continuously
uninhabited or vacant.
No person shall throw, deposit or distribute
any handbill in or upon any private premises if requested by anyone
in or upon such premises 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 Handbills," "No Trespassing," "No Peddlers
or Agent," "No Advertisement" or any similar notice indicating that
the occupants of said premises do not desire to be molested or have
their right of privacy disturbed or to have any such handbills left
upon such premises.
No person shall throw, deposit or distribute any handbill in or upon private premises which are inhabited, except by handing or transmitting such handbill directly to the owner, occupant or other person then present, except as hereinafter provided. A person, unless requested by anyone upon the premises not to do so, may place or deposit any such handbill in or upon inhabited private premises if the premises are not posted as provided under § 201-12 above and the handbill is placed or deposited so as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public places or private premises. Mailboxes may not be so used when prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers as defined in this chapter; provided, however, that newspapers shall be placed on private premises in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or any other public place or upon private property.
No person shall post or affix any notice, poster
or other paper or device, calculated to attract the attention of the
public, to any public lamppost, public utility pole, shade tree or
upon any public structure or building or upon any official traffic
control devices except as may be authorized or required by law.[1]
No person shall throw or deposit litter on any
occupied private property, whether owned by him or not, except that
the owner or person in control of private property shall maintain
private receptacles for collection in such a manner that litter will
not be carried or deposited by the elements upon any other public
place or upon any private property.
[Amended 6-23-1988 by Ord. No. 1992; 2-23-2021 by Ord. No. 2857]
A.
The owner, agent, contractor or person in control of any private
property, including a construction, demolition or excavation site,
shall at all times maintain the premises free of litter. It shall
be the duty of every owner, agent or contractor in control of a construction,
demolition or excavation site to furnish containers adequate to accommodate
flyable or nonflyable debris, trash or litter at areas convenient
to the site, and to maintain and empty storage receptacles in such
a manner and with such frequency as to prevent spillage of litter
or refuse.
B.
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, flagging, curbstone and the air shafts,
areaways, backyards, courts, parking lots and alleys free from litter.
No person shall throw or deposit litter on any
open or vacant private property whether owned by such person or not.
A.
Notice to remove. The Code Enforcement Officer or
his duly designated agent is authorized and empowered to notify the
owner of any private premises or vacant land, or the tenant or agent
of such owner, to dispose properly of litter located on such owner's
property which is dangerous to public health, safety or welfare. Notice
shall be by registered or certified mail, return receipt requested,
addressed to said property owner or his agent or tenant at his last
known address, or served personally upon said owner, tenant or agent.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of the said litter within 10 days from receipt of written notice specified in Subsection A of this section or within 10 days after the date of such notice in the event it is returned to the City by the United States Postal Service because of inability to make delivery thereof, provided the notice was properly addressed to the last known address of the owner, tenant or agent, the Code Enforcement Officer or his duly designated agent is authorized and empowered to pay for disposing of such litter or to order its disposal by the City.
C.
When the City has effected the removal of dangerous
litter or has paid for its removal, the actual cost thereof shall,
unless paid by the owner prior thereto, be charged to the owner of
the property on the next regular tax bill forwarded to the owner by
the City. The charge shall be due and payable by the owner at the
time set for payment of the tax bill.
D.
Where the full amount due the City is not paid by the owner within 30 days after the disposal of such litter as specified in Subsections B and C of this section, then and in that case the Code Enforcement Officer shall certify the cost thereof to the City Tax Collector, who shall examine the certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty at the same rate as in the case of taxes in the event they are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. The certification of the Code Enforcement Officer in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
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, flagging, curbstone
and the air shafts, areaways, backyards, courts, parking lots and
alleys free from litter.
[Amended 6-23-1988 by Ord. No. 1992; 8-13-2019 by Ord. No. 2819]
It shall be the duty of the owner or agent of
every residential or commercial property to secure their waste and
litter disposal bins from overflowing. It shall furthermore be the
duty of the owner or operator of a takeout restaurant, delicatessen,
luncheonette or any other food handling establishment to provide not
less than one authorized private receptacle, not less than 15 gallons
and with a lid, for the receipt of trash, litter, paper, napkins,
cups and remnants of food and nonfood items at each exit available
to the patrons. If the owner or operator of the same shall fail to
provide such receptacles, he shall be fined, upon conviction, as provided
in this chapter.
[Amended 8-13-2019 by Ord. No. 2819]
The Construction Code Officer, the Police Department,
Sanitation Officer and Property Maintenance Officer are hereby empowered
and authorized to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this chapter.
[Amended 5-20-1980 by Ord. No. 1723; 4-25-2006 by Ord. No.
2457; 2-23-2021 by Ord. No. 2857]
Each individual property owner who violates this section shall
be punished as follows:
A.
First offense: A $150 fine, payable by mail, in person or online.
Court appearance is not required.
B.
Second offense within a twelve-month period: A $250 fine, payable
by mail, in person or online. Court appearance is not required.
C.
Third offense within a twelve-month period: A fine of $500 and a
mandatory court appearance. The City Municipal Judge shall have the
authority to sentence the offending party to not less than eight hours
and no more than 30 hours of community service.
D.
Fourth offense and each offense thereafter, within a twelve-month
period: A $2,000 maximum fine and a mandatory court appearance. The
City Municipal Judge shall have the authority to sentence the offending
party to not less than 50 hours and no more than 100 hours of community
service.
