[HISTORY: Adopted by the Mayor and Council of the Borough of Stanhope as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 89.
Property maintenance — See Ch. 111.
As to legislation adopted by the Board of Health, consult Part III of this Code.
[Adopted 12-17-1985 by Ord. No. 1985-22]
For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:
GARBAGE
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking or consumption of food.
LITTER
Garbage, refuse and rubbish, as defined herein, and all other junk or waste material which, if thrown, deposited or stored, as herein prohibited, tends to create a danger to public health, safety and welfare.
PRIVATE PREMISES
Any dwelling house, building or other structure designed or used, whether 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 or vestibule belonging appurtenant to such dwelling house, building or other structure.
PUBLIC PLACE
Any streets, sidewalks, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
PUBLIC STRUCTURE OR BUILDING
Any structure or building owned or operated by the federal, county or state government or any governmental agency.
REFUSE
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.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as but not limited to paper, wrappings, cigarettes, cardboard, tin cans, bedding, crockery, building materials and other similar materials. Such definition shall not include such hay, grass, straw, weeds, vegetable wastes, ashes or animal manures, which are used by the individual homeowner as compost materials, provided that such composting does not create a danger to public health, safety and welfare.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the borough, except in public receptacles or in authorized private receptacles for collection, or in official sanitary landfills.
[Amended 7-26-1988 by Ord. No. 1988-20]
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 or other public place. All such receptacles shall be maintained by the persons responsible therefor in such a manner as to prevent any litter stored therein from overflowing.
[Amended 7-26-1988 by Ord. No. 1988-20]
No person shall sweep into or deposit in any gutter, street, catch basin 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. Such sweepings and/or accumulations of litter shall be collected and properly containerized for disposal as provided by law.
[Added 7-26-1988 by Ord. No. 1988-20]
Every owner, lessee, tenant, occupant or person in charge of any building, structure or lot shall keep and cause to be kept the sidewalk and curb abutting said building, structure or lot free from any obstruction, nuisance, litter or other offensive material.
No person shall throw, deposit or distribute any commercial or noncommercial handbill in such a manner that it will not be prevented from being blown or drifted about sidewalks, streets or other public or private places.
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamppost, public utility pole or public shade tree or upon any public structure or building, except as may be authorized by the owners thereof or required by law. Any sign so authorized shall be removed by the poster of said sign within 48 hours of the advertised event.
[Amended 7-26-1988 by Ord. No. 1988-20]
Any truck or similarly utilized vehicle within the borough shall be covered and its load and/or contents sufficiently secured so as to prevent said load or contents from dropping, leaking or otherwise escaping.
No person shall throw, deposit or store litter on any private property within the borough, 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 and removal of litter in such manner that it shall not be unsightly and detrimental to the surrounding neighborhood.
[Added 7-26-1988 by Ord. No. 1988-20]
No person, owner, tenant, lessee or person in charge of property in a residential zone shall store or permit to be stored upon said property any bulky solid waste such as appliances, furniture, mattresses or tires, except in a fully enclosed structure.
[Added 7-26-1988 by Ord. No. 1988-20]
No owner, lessee or person in charge of property upon which construction of any description is taking place shall permit or cause the accumulation or storage of debris on or around said premises in such a manner that it is likely to be removed by natural forces onto adjacent property.
[Added 7-26-1988 by Ord. No. 1988-20]
A. 
Litter receptacles and their servicing shall be required at the following public places within the borough, and the proprietors or other persons in charge thereof shall be responsible for providing and servicing of said receptacles so that adequate containerization is available.
(1) 
Sidewalks used by pedestrians in active retail commercially zoned areas, such that there shall be no single linear quarter mile without a receptacle.
(2) 
Buildings held out for use by the public, including schools, government buildings or bus stops.
(3) 
Drive-in restaurants.
(4) 
Parks.
(5) 
Street-vendor locations.
(6) 
Self-service refreshment areas.
(7) 
Shopping centers.
(8) 
Parking lots.
(9) 
Beaches and bathing areas.
B. 
Sponsors of special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals, shall be responsible for providing and servicing litter receptacles at the sites of said events so that adequate containerization is available.
[Amended 7-26-1988 by Ord. No. 1988-20; 10-3-1989 by Ord. No. 1989-19; 6-30-1998 by Ord. No. 1998-8]
Any person violating any provision of this article shall, upon conviction, be punishable by a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.
[Adopted 12-16-2008 by Ord. No. 2008-16]
For the purposes of this article, the following terms shall have the meanings indicated:
SOLICITATION or SOLICIT
The request, directly or indirectly, for money, credit, property, financial assistance, or other thing of any kind of value. Solicitation shall include, but not be limited to, the use or employment of canisters, cards, receptacles or similar devices for the collection of money or other thing of value. A solicitation shall take place whether or not the person making the solicitation receives any contribution.
Notwithstanding any other provision of law to the contrary, no person shall place, use or employ a donation clothing bin, for solicitation purposes, unless all of the following requirements are met:
A. 
The person has obtained a permit, valid for a specified period of time from the Borough, in accordance with the following:
(1) 
In applying for such a permit, the person shall include:
(a) 
The location where the bin would be situated, as precisely as possible;
(b) 
The manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold, or disbursed, and the method by which the proceeds of collected donations would be allocated or spent;
(c) 
The name and telephone number of the bona fide office required pursuant to Subsection E of this section, of any entity which may share or profit from any clothing or other donations collected via the bin; and
(d) 
Written consent of the property owner to place the bin on his property.
B. 
The Borough shall not grant an application for a permit to place, use or employ a donation clothing bin if it determines that the placement of the bin could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a donation clothing bin within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases.
C. 
An expiring permit for a donation clothing bin may be renewed upon application for renewal and payment of the fee imposed for such renewal. Such application shall include:
(1) 
The location where the bin is situated, as precisely as possible, and, if the person intends to move it, the new location where the bin would be situated after the renewal is granted and written consent from the property owner to place the bin on his property;
(2) 
The manner in which the person has used, sold, or disbursed any clothing or other donations collected via the bin, the method by which the proceeds of collected donations have been allocated or spent, and any changes the person anticipates it may make in these processes during the period covered by the renewal; and
(3) 
The name and telephone number of the bona fide office required pursuant to Subsection E of this section, of any entity which shared or profited from any clothing or other donations collected via the bin, and of any entities which may do so during the period covered by the renewal.
D. 
The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin, in addition to the information required pursuant to Subsection E of this section.
E. 
The person, and any other entity which may share or profit from any clothing or other donations collected via the bin, maintains a bona fide office where a representative of the person or other entity, respectively, can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the person or other entity. For the purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office; and
(1) 
The following information is clearly and conspicuously displayed on the exterior of the donation clothing bin:
(a) 
The name and address of the registered person that owns the bin, and of any other entity which may share or profit from any clothing or other donations collected via the bin;
(b) 
The telephone number of the person's bona fide office and, if applicable, the telephone number of the bona fide office of any other entity which may share or profit from any clothing or other donations collected via the bin;
(c) 
In cases when any entity other than the person who owns the bin may share or profit from any clothing or other donations collected via the bin, a notice, written in a clear and easily understandable manner, indicating that clothing or other donations collected via the bin, their proceeds, or both, may be shared, or given entirely to, an entity other than the person who owns the bin, and identifying all such entities which may share or profit from such donations; and
(d) 
A statement, consistent with the information provided to the Borough in the most recent permit or renewal application in Subsections A and C of this section, indicating the manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold or disbursed, and the method by which the proceeds of collected donations would be allocated or spent.
A. 
The Borough shall receive and investigate, within 30 days, any complaints from the public about the bin. Whenever it appears to the Borough that a person has engaged in, or is engaging in any act or practice in violation of Section 2 of P.L.2007, c.209 (N.J.S.A. 40:48-2.60 et seq.) or this article, the person who placed the bin shall be issued a warning, stating that if the violation is not rectified or a hearing with the Borough is not requested within 45 days, the bin will be seized or removed at the expense of the person who placed the bin, and any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of. In addition to any other means used to notify the person who placed the bin, such warning shall be affixed to the exterior of the bin itself.
B. 
In the event that the person who placed the bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, the Borough may seize the bin, remove it, or have it removed, at the expense of the person who placed the bin, and sell at public auction or otherwise dispose of any clothing or other donations collected via the bin. Any proceeds from the sale of the donations collected via the bin shall be paid to the chief financial officer of the Borough.
In addition to any other penalties or remedies authorized by the laws of this state, any person who violates any provision of P.L.2007, c.209 (N.J.S.A. 40:48-2.60 et seq.) or this article which results in seizure of the donation clothing bin shall be:
A. 
Subject to a penalty of up to $20,000 for each violation. The Borough may bring this action in the municipal court or Superior Court as a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (N.J.S.A. 2A:58-10 et seq.), and any penalty monies collected shall be paid to the chief financial officer of the municipality; and
B. 
Deemed ineligible to place, use or employ a donation clothing bin for solicitation purposes pursuant to Section 2 of P.L.2007, c.209 (N.J.S.A. 40:48-2.61) and this article. A person disqualified from placing, using or employing a donation clothing bin by violating the provisions of P.L.2007, c.209 (N.J.S.A. 40:48-2.60 et seq.) and this article may apply to the Borough to have that person's eligibility restored. The Borough may restore the eligibility of a person who:
(1) 
Acts within the public interest; and
(2) 
Demonstrates that he made a good faith effort to comply with the provisions of P.L.2007, c.209 (N.J.S.A. 40:48-2.60 et seq.), this article and all other applicable laws and regulations, or had not fraudulent intentions.