[HISTORY: Adopted by the Township Committee of the Township of Hainesport 12-13-1994 by Ord. No. 1994-23-11. Amendments noted where applicable.]
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. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
AIRCRAFT
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.
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle.
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper or booklet or any other printed or otherwise reproduced original or copies of any matter of literature which:
(1) 
Advertises for sale any merchandise, product, commodity or thing.
(2) 
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.
(3) 
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 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 any of the same is held or 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.
(4) 
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 an advertiser or distributor.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
INOPERABLE VEHICLE
Any motor vehicle (or portion thereof) of any type regulated by Title 39 of the Revised Statutes of New Jersey which is, for any reason, not capable of being operated legally on the public roads of New Jersey.
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 or match; any flaming or glowing material; or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper container or other packaging or construction material, but does not include the waste of the primary processes of mining or other extracting processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
NEWSPAPER
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 fewer 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.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper or 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.
OCCUPANT
Any person living, sleeping, occupying or having actual possession of a premises or a part thereof.
OPERATOR
Any person who has charge, care or control of a premises or a part thereof, whether with or without the knowledge and consent of the owner.
OWNER
Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or shall have charge, care or control of any dwelling or dwelling unit as owner or agent of the owner, as fiduciary, including (but not limited to) executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate, or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee, subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.
PARK
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 recreations.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PREMISES
A lot, plot or parcel of land, including the buildings and structures thereon.
PRINCIPAL ADVERTISER
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 he or it appears to be the sponsor of the handbill.
PRIVATE PREMISES
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.
PUBLIC PLACE
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.
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
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 material.
TOWNSHIP
The Township of Hainesport.
UNLICENSED VEHICLE
Any motor vehicle (or portion thereof) of any type regulated by Title 39 of the Revised Statutes of New Jersey which is not currently registered with the New Jersey Motor Vehicle Commission or its equivalent from another United States state or commonwealth.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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.
A. 
Litter in public places. 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.
B. 
Litter in nonpublic places. It is unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any private property, other than in a litter receptacle.
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.[1]
[1]
Editor's Note: Former Subsection C, which immediately followed this subsection and was identical to Subsection A, was deleted 4-12-1994 by Ord. No. 1994-4-3.
[1]
Editor's Note: Former § 69-4, Gutters, streets and sidewalks, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now § 69-5B.
A. 
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, obstructions and nuisances of every kind; this obligation shall include backyards, courts, areaways, alleys, sidewalks and curbs abutting said buildings.
B. 
Containerization of sweepings. No person will be permitted to sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Every person who owns or occupies property must keep the sidewalk in front of his or her premises free of litter. All litter sweepings must be collected and properly containerized for disposal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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.
A. 
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.
B. 
Uncovered vehicles. It is unlawful for any vehicle to be driven, moved, stopped or parked on any public roadway unless such a vehicle is constructed, covered or loaded to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any materials which constitute litter have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, must immediately cause the public property to be cleaned of all such materials and must pay the costs therefor.
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 any 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 places 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 the 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.
[1]
Editor's Note: Former § 69-15, Construction debris, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now § 69-26B.
[1]
Editor's Note: Former § 69-16, Pets, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Ch. 53, Animals.
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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 § 69-20 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 the same and to prevent such handbills 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.
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.
A. 
Any person, firm or corporation wishing to distribute commercial handbills in the Township of Hainesport must first register with the Township Clerk.
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 identity will be required.
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.
[Amended 5-12-2020 by Ord. No. 2020-3]
A. 
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 frequency as to prevent spillage of refuse. It shall be the duty of the contractor, or agent in charge of a construction site, to provide for the collection and proper disposal of all construction debris. The Township shall not be responsible for the collection of construction debris generated by contractors.
B. 
No person having control over a construction site shall permit the accumulation of debris or litter or storage of debris or litter in such a manner that the debris or litter is likely to be moved about by natural forces onto adjacent property. All construction material generated by homeowners themselves must be properly prepared for trash pickup by the homeowner. Debris should be broken down into sections no longer than four feet long and bundled with twine. Small wood and debris scraps should be placed in residential trash cans for removal. Debris shall be placed so as not to impede traffic in front of the premises no earlier than 12:00 noon of the day preceding the nearest collection day.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
It is 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 or furniture.
It is unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
No owner, operator or occupant of any premises shall store outdoors or permit the storage outdoors of any uncovered unlicensed and/or uncovered inoperable vehicle on any premises in Hainesport Township. Excepted from this provision are auto repair facilities and new and/or used vehicle dealerships operated in a manner consistent with zoning requirements and nonconforming auto repair facilities and new and/or used vehicle dealerships which preexisted the adoption of the zoning ordinance which prohibits such use.
A. 
The Code Enforcement Officer of the Township of Hainesport is hereby designated as the primary enforcement official; however, nothing herein shall prevent complaints from being filed with the Municipal Court by other law enforcement personnel or by citizens. All such complaints shall be prosecuted by the Municipal Prosecutor regardless of whether the complainant is an official or a citizen.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
No advance notice to the alleged offender is required as a condition of the issuance of a complaint.
C. 
Service of a complaint alleging a violation of this chapter shall be made in accordance with the Rules of Court adopted by the Supreme Court of New Jersey.
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 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.
B. 
Any person or persons, firm or corporation violating any provision of this chapter shall, upon conviction, be subject to one or more of the following and shall pay all expenses incurred for the removal of said litter: a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days. The Township waives the additional fine for a violation of an ordinance within one year of a previous violation of the same ordinance, provided in N.J.S.A. 40:49-5.
[Amended 5-23-2006 by Ord. No. 2006-5-4]
C. 
Each day that a violation shall continue shall be deemed a separate violation.
D. 
The storage of each such vehicle in contravention of this chapter shall constitute a separate violation.
E. 
Where a fine in excess of $1,250 is sought to be imposed for a housing violation or for a zoning violation, the applicable owner and/or operator shall be provided a thirty-day period in which the owner and/or operator has an opportunity to cure or abate the condition prior to the scheduling of a hearing in municipal court. In the event that the objectionable activity or condition is not resolved to the satisfaction of the Township following said thirty-day period, then the owner/operator shall have an opportunity for a hearing before the municipal court. After the thirty-day period, the higher fine may be imposed if the municipal court has not determined that the abatement has been substantially completed.
[Added 5-23-2006 by Ord. No. 2006-5-4]