[HISTORY: Adopted by the Borough Council
of the Borough of Glen Rock 12-8-2021 by Ord. No. 1864[1]. Amendments noted where applicable.]
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this section 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. As used in this section,
the following terms shall have the meanings indicated:
All waste, animal, fish, fowl, fruit or vegetable matter
resulting from the use, storage or consumption of food.
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, farming, or manufacturing.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any and all streets, sidewalks, boulevards, and alleys and
any and all public parks, squares, spaces, grounds and buildings,
and every place where the public is invited.
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.
All wooden boxes, appliances, furnishings, household equipment,
and any other discarded material not constituting garbage, trash,
and garden refuse, but excluding rocks, soil, and building and construction
materials which by bulk or weight exceed the limitations of containers
used for trash.
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.
A.
It shall be unlawful for any person to throw, drop
or 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 litter to remain.
B.
Whenever any litter is thrown or discarded or allowed
to fall from a vehicle or boat in violation of this chapter, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this chapter.
No person, including merchants owning or occupying
a place of business, 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 sidewalk
in front of their premises free of litter, except leaves, as directed
by the Council in accordance with a collection program.
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 any 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 the Borough or into the Borough
for the purpose of dumping or disposing thereof. 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 or on 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 addressees. 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.
No person shall place any receptacle for refuse,
garbage, etc., outside any commercial building that is visible from
public streets or adjoining property unless an enclosure is provided
for storage.
Litter receptacles are placed at various public places around
the Borough. These receptacles are serviced by the Borough of Glen
Rock. Litter receptacle shall mean a container suitable for the depositing
of litter.
Illegal dumping. It shall be unlawful for any person to 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 private
property, except by written consent of the owner of the property,
in any place not specifically designated for the purpose of solid
waste storage or disposal.
It shall be unlawful for any residential property owner to store
or permit storage of any bulky household waste, including household
appliances, furniture and mattresses, in areas zoned residential,
except in a fully enclosed structure or during days designated for
the collection of bulky items.
It shall be unlawful for any residential property owner to store
or permit the storage of tires in areas zoned residential, except
in a fully enclosed structure or on days designated for the collection
of tires.
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 nonflyable debris or trash 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 refuse.
It shall be the duty of the owner, lessee, tenant, occupant
or person in charge of any structure to keep and cause to be kept
the sidewalk and curb abutting the building or structure free from
obstruction or nuisances of every kind, and to keep sidewalks, areaways,
backyards, courts and alleys free from litter and other offensive
material. No person shall sweep into or deposit in any gutter, street,
catch basin or other public place any accumulation of litter from
any public or private sidewalk or driveway. Every person who owns
or occupies property shall keep the sidewalk in front of his or her
premises free of litter. All sweepings shall be collected and properly
containerized for disposal.
A.
Maximum penalty. For violation of any provision of
this chapter, any other chapter of this Code or any other ordinance
of the Borough where no specific penalty is provided regarding the
sections violated, the maximum penalty shall, upon conviction of a
violation, be a fine not exceeding $1,000, imprisonment for a period
not exceeding 90 days, a period of community service not exceeding
90 days, or any combination thereof.
B.
Separate violations. Except as otherwise provided,
each and every day in which a violation of any provision of this chapter
or any other ordinance of the Borough exists shall constitute a separate
violation.
C.
Application. The maximum penalty stated is not intended
to state an appropriate penalty for each and every violation. Any
lesser penalty, including a nominal penalty or no penalty at all,
may be appropriate for a particular case or a particular violation.
This chapter shall be enforced by the Police
Department and/or other designated municipal officials of the Borough
including the Director of Public Works and the Property Maintenance
Officer.
