[HISTORY: Adopted by the Borough Council of the Borough of Glen Rock 12-8-2021 by Ord. No. 1864[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 137, Littering, of the 1997 Code, adopted 12-13-1971 by Ord. No. 763 (Ch. VI, Sec. 6-1, of the 1971 Revised General Ordinances), as amended.
A. 
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. As used in this section, the following terms shall have the meanings indicated:
GARBAGE
All waste, animal, fish, fowl, fruit or vegetable matter resulting from the use, storage or consumption of food.
LITTER
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.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PUBLIC PLACE
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.
REFUSE
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.
RUBBISH
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.
VEHICLE
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.
B. 
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.
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.
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.
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 their 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, the maximum penalty shall, upon conviction of a violation, be a fine not exceeding $2,000, imprisonment for a period not exceeding 90 days, a period of community service not exceeding 90 days, or any combination thereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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.