Borough of Hamburg, NJ General Provisions

As used in this chapter, the following terms shall have the meanings indicated:

Any contrivance now known or hereafter invented, used or designed for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.

AUTHORIZED PRIVATE RECEPTACLE

A container of watertight construction with a tight-fitting lid or cover capable of preventing the escape of contents within. Such receptacles shall have handles or other means for safe and convenient handling and be of such size or sufficient capacity to hold all litter generated between collection periods and shall be in compliance with the regulations promulgated by the Borough.

COMMERCIAL HANDBILL

Any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, book or other printed or otherwise reproduced original or copies of any matter of literature:

(1)

Which advertises for sale any merchandise, products, commodity or thing;

(2)

Which 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)

Which directs attention to or advertising 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; provided that the terms of this clause shall not apply where an admission fee is charged or collection is taken up for the purpose of defraying expenses incident to such a meeting, theatrical performance, exhibition or event of any kind when neither 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 that nothing contained in this clause 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 or such license is or may be required by any law of this state or under any ordinance of this Borough;

(4)

Which while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes or for private benefit and gain of any person so engaged as advertiser or distributor.

CONSTRUCTION SITES

Any private or public property upon which repairs to existing buildings, construction of new buildings, or demolition of existing structures is taking place.

DEPOSIT

Includes "throw," "dump," "cast," "accumulate," "discharge" or words of similar meaning.

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, including abandoned automobiles, which is thrown, deposited or stored as herein prohibited attempting to create a danger to public health, safety and welfare.

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind.[1]

PRIVATE PREMISES

Any dwelling house, building or other structure designed or used whether wholly or in part for private residential purposes, whether inhabited temporarily or continuously, uninhabited or vacant, and shall include any yards, ground, wall, driveway, porch, steps or vestibule belonging or pertinent to such dwelling house, building or other structure.

PRIVATE STRUCTURE OR BUILDING

Any structure or building owned or operated by the federal, County, state government or governmental agencies.

PUBLIC PLACE

Any street, sidewalk, alley or other public ways and any and all public parks, squares, spaces, grounds and buildings.

PUBLIC RECEPTACLES

Any receptacles provided by or authorized by the Borough.

REFUSE

All putrescible and nonputrescible solid waste (except body waste) including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, dismantled automobiles and parts thereof, scrap metal, junk machinery and solid market and industrial waste.

RUBBISH

Nonputrescible solid waste 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.

VEHICLE

Every device in, upon or by which any person or property is or may be transported or drawn upon land or water, including devices used exclusively upon stationary rails or tracks.

[1]

Editor's Note: The former definition of "garbage," which immediately followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The definitions of "garbage," "refuse" and "rubbish" 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 such composting does not create a danger to public health, safety and welfare.