[HISTORY: Adopted by the Township Council
of the Township of Evesham 7-5-1972 by Ord. No. 10-7-72. Amendments
noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 54.
Garbage, rubbish and refuse — See Ch. 85.
Recycling — See Ch. 118.
Inoperable vehicles — See Ch. 153.
[1]
Editor's Note: Ordinance No. 29-5-88, adopted
5-17-1988, changed the title of this chapter from "Littering" to "Clean
Community Code."
A.
Word usage. When not inconsistent with the context,
words used in the present tense in this chapter 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.
B.
AIRCRAFT
AUTHORIZED PRIVATE RECEPTACLE
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
GARBAGE
LITTER
LITTER RECEPTACLE
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRINCIPAL ADVERTISER
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
TOWNSHIP
VEHICLE
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air, including helicopters
and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle.
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 for sale any merchandise, product,
commodity or thing.
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.
Directs attention to or advertises any meeting,
theatrical performance, exhibition or event of any kind, for which
an admission fee is charged the purpose of private 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 either of the same is held, given or takes
place in connection with the dissemination of information which is
not restricted under the ordinary rules of decency, good morals, public
peace, safety and good order; provided, however, 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 any law of this state, or under any ordinance of the
Township.
While containing reading matter other than advertising
matter is predominantly 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 wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
A container suitable for the depositing of litter.
[Added 5-17-1988 by Ord. No. 29-5-88]
Any newspaper of general circulation (as defined by general
law), any newspaper duly entered with the Post Office Department of
the United States in accordance with federal statute or regulation
and any newspaper filed and recorded with any recording officer as
provided by general law. In addition thereto, "newspaper" shall mean
and include any periodical or current magazine regularly published
with not less than four issues per year and sold to the public. The
term "newspaper" shall not include publications delivered free of
charge, not at the request of the property owner, which consist primarily
of advertising material. Such publications are, for the purposes of
this chapter, to be considered commercial handbills.
[Amended 2-19-1980 by Ord. No. 9-2-80]
Any printed or written matter, any sample or device, dodger,
circular, 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 or newspaper.
A park, reservation, playground, recreation center or any
other public area in the Township, owned or used by the Township and
devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
In a commercial handbill, the person, firm or corporation
whose advertising message occupies a substantial amount of the advertising
space in the handbill, such that it appears to be the sponsor of the
handbill.
[Added 2-19-1980 by Ord. No. 9-2-80]
Any dwelling house, building or other structure designed
or used, either wholly or in part, for private residential purposes,
whether uninhabited or temporarily or continuously inhabited or vacant,
including but not limited to any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling,
house, building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways, paved or unpaved, and any and all public parks, squares,
spaces, grounds and buildings.
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.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery and similar
materials.
The Township of Evesham.
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 Township
except in public receptacles or in authorized private receptacles
for collection.
A.
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 or upon private property.
B.
Litter receptacles and their servicing are required
at the following public places which exist in the municipality, including
sidewalks used by pedestrians in active retail commercially zoned
areas, such that at a minimum there shall be no single linear quarter
mile without a receptacle; buildings held out for use by the public,
including schools, government buildings and railroad and bus stations;
parks; drive-in restaurants; all street vendor locations; self-service
refreshment areas; construction sites; gasoline service station islands;
shopping centers; parking lots; campgrounds and trailer parks; marinas,
boat moorage and fueling stations; boat launching areas; public and
private piers operated for public use; beaches and bathing areas;
and at special events to which the public is invited, including sporting
events, parades, carnivals, circuses and festivals. The proprietors
of these places or the sponsors of these events shall be responsible
for providing and servicing the receptacles such that adequate containerization
is available.
[Added 5-17-1988 by Ord. No. 29-5-88]
C.
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, sidewalks or other public places or upon private property.
[Added 5-17-1988 by Ord. No. 29-5-88]
No person shall sweep into or deposit in any
gutter, street or other public place within the Township 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.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the Township the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons
owning or occupying places of business within the Township shall keep
their business premises free of litter.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street or other public
place within the Township, or upon private property.
No person shall drive or move any truck or other
vehicle within the Township unless such vehicle is so constructed
or loaded as to prevent any load or contents of litter from being
blown or deposited upon any street, alley or other public place or
private property.
No person shall throw or deposit litter in any
park within the Township except in public receptacles and in such
a manner that the litter will be prevented from being carried or deposited
by the elements upon any part of the park or upon any street or other
public place or private property. Where public receptacles are not
provided, all such litter shall be carried away from the park by the
persons responsible for its presence and properly disposed of elsewhere
as provided herein.
No person shall throw or deposit litter in any
fountain, pond, stream or any other body of water within the Township.
No person in any aircraft shall throw out, drop
or deposit within the Township any litter, handbill or any other object.
No person shall throw or deposit litter on any
occupied or unoccupied private property within the Township, 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 in such a manner that litter will be prevented from being
carried or deposited by the elements upon any street, sidewalk or
other public place or upon any private property.
The owner or person in control of any private
property shall at all times maintain the premises free of litter;
provided, however, that this section shall not prohibit the storage
of litter in authorized private receptacles for collection. Compost
heaps are acceptable as long as material cannot be carried or deposited
by the elements upon any street, sidewalk or private or public places.
No garbage shall be permitted in such compost heaps and any compost
heap must be located at least four feet from any property line.
No person shall throw or deposit litter on any
open or vacant private property within the Township, whether owned
by such person or not.
No person shall throw or deposit litter in or
upon any commercial or industrial place except in approved receptacles.
Persons owning or in control of commercial or industrial places must
provide receptacles for litter of sufficient size to be adequate for
the area. Owners or tenants are completely responsible for the policing
of the premises. Upon complaint of any citizen or the Zoning Officer
of trash or litter, if it can be determined from which store or place
of business the trash originated, the owner(s) or tenant(s) will be
held responsible.
The owner of any animal that violates this chapter
shall be subject to the same penalty, as provided for violations generally.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any sidewalk, street or other
public place within the Township, nor shall any person hand out, distribute
or sell any commercial handbill in any public place; provided, however,
that it shall not be unlawful for any person to hand out or distribute,
without charge to the receiver thereof, any noncommercial handbill
to any person willing to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any vehicle; provided, however,
that it shall not be unlawful in any public place for a person to
hand out or distribute without charge to the receiver thereof, a noncommercial
handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill upon any private premises,
if requested by anyone thereon 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 Trespassing," "No Peddlers or Agents,"
"No Advertisement" or any similar notice, indicating in any manner
that the occupants of said premises do not desire to be molested or
have their rights of privacy disturbed, or to have any such handbills
left upon such premises.
A.
No person shall throw, deposit or distribute or cause to be thrown, deposited or distributed any commercial or noncommercial handbill in or upon private premises, which are inhabited, if the owner of said premises has either posted said premises as specified in § 97-19, or notified the publisher or distributor of said handbill that no handbills are to be delivered to said premises. In the case of premises which are not posted and for which no notice has been sent, a person may place or deposit handbills thereupon being careful to secure same and prevent such handbill from being blown or drifted about such premises or sidewalks or streets or other public places; mailboxes may not be so used when so prohibited by federal postal law or regulations.
[Amended 2-19-1980 by Ord. No. 9-2-80]
B.
Exemption for mail and newspapers. The provisions
of this section shall not apply to the distribution of mail by the
United States, nor to newspapers, as defined herein, except that newspapers
shall be placed on private property in such a manner as to prevent
their being carried or deposited by the elements upon any street,
sidewalk or 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 lamppost, public utility pole or shade tree, or upon
any public structure or building, except as may be authorized or required
by law.
[Added 2-19-1980 by Ord. No. 9-2-80]
A.
Any person, firm or corporation wishing to distribute
commercial handbills in the Township of Evesham must first register
with the Township Manager or the official designated by the Township
Manager.
B.
The registrant shall provide his name and address
and the name and address of the publisher or distributor of the commercial
handbill. Adequate proof of identify will be required. Furthermore,
the handbill and any package enclosing the handbill shall clearly
display the name, address and telephone number of the registrant and,
if the distributor is distinct from the registrant, the distributor
of said handbill. Should the distribution of any handbill result in
a violation of this chapter, both the registrant and the distributor
shall be subject to the enforcement and provisions set forth herein.
[Amended 2-20-1996 by Ord. No. 4-2-96]
[Added 5-17-1988 by Ord. No. 29-5-88]
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.
[Added 5-17-1988 by Ord. No. 29-5-88; amended 6-5-2001 by Ord. No. 18-6-2001]
A.
Intent and purpose. The provisions and prohibitions
hereinafter contained and enacted are in pursuance of and for the
purpose of securing and promoting the public health and general welfare
of persons in Evesham Township and to prevent the spread of diseases
from mosquito transmission by preventing the presence of mosquito
larvae in water that accumulates in tires.
B.
Proper storage of tires. Tires shall be stored in
a totally enclosed structure or covered to prevent the existence or
presence of any water in which mosquito larvae may mature and grow
or exist. If stored outside, they must be stored up off the ground
and covered not to allow standing water.
C.
Unusable tires. Any tires that cannot be used shall
be considered waste material and must be disposed of in a proper and
lawful manner which prevents the collection of stagnant rainwater
in said tires.
D.
Enforcement; violations and penalties.
(1)
There shall be fines fixed at an amount of $50,
first offense; $100, second offense; and $150 third and subsequent
offenses.
(2)
Each and every day in which a violation of any
provisions of this section exists shall constitute a separate violation.
(3)
It shall be the responsibility of the Municipal
Code Enforcement Officer and/or Burlington County Health Department
to enforce this section.
[Added 5-17-1988 by Ord. No. 29-5-88]
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.
[Added 8-18-2020 by Ord. No. 7-8-2020]
A.
Intent.
This section is adopted in order to protect the environment, particularly
marine and other wildlife, and the health, safety and welfare of persons
and property by prohibiting the intentional release of balloons inflated
with lighter-than-air gases into the atmosphere.
B.
Prohibited
conduct. It shall be unlawful for any person, corporation, firm or
other entity to intentionally release, intentionally organize the
release of, or otherwise intentionally cause the release of, a balloon
inflated with a gas that is lighter than air within the boundaries
of the Township of Evesham, except for:
[Added 2-20-1996 by Ord. No. 4-2-96]
The Township Manager or the Manager's designee,
as well as the Police Department, shall have full power to enforce
the provisions of this chapter. Moreover, any Evesham Township resident
who observes a violation under this chapter may pursue a violation
by way of citizen's complaint.
[Amended 11-1-1977 by Ord. No. 40-11-77; 2-19-1980 by Ord. No. 9-2-80]
A.
There shall be a rebuttable presumption that the publisher
of any commercial handbill or, in the case of a commercial handbill
on which no publisher is listed, the principal advertiser caused the
handbill to be placed or distributed. Such publisher or principal
advertiser, absent proof to the contrary, may be held liable for a
violation of this chapter if said commercial handbill should be found
to have been improperly placed or distributed.
