[Adopted 4-3-1989 by Ord. No. 989-89]
It shall be unlawful for any person to throw,
drop, discard or otherwise place litter of any nature upon any public
or private property, other than a litter receptacle. "Litter" means
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,
newspaper, magazine, glass, metal, plastic or paper containers or
other packaging or construction material, but does not include the
waste of the primary process of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
[1]
Editor's Note: See also Ch. 140, Littering.
A.
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 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.
B.
"Litter receptacle" means a metal or plastic container,
not exceeding 20 gallons, with lid cover, suitable for depositing
of litter. Plastic or paper bags containing litter are discouraged.
The contents of such plastic or paper bags containing litter shall
remain the responsibility of the person or persons placing the materials
curbside. Accordingly, should the litter from such plastic or paper
bags be spread upon public or private property by animals or otherwise,
cleanup shall remain the responsibility of the person or persons who
had placed such litter at curbside. Similarly, any loose litter not
properly containerized and subsequently spread upon public or private
property shall be considered littering and the responsibility of the
person placing the materials curbside. These provisions shall be applicable
to private residential properties in addition to the public places
described in this section.
[Amended 6-18-1990 by Ord. No. 1033-90]
A.
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 in
any place not specifically designated for the purpose of solid waste
storage or disposal.
B.
In the event that a person other than the owner violates
the provisions of this section, the township may give 30 days' written
notice to the owner to abate the violation, and in the event of the
failure of the owner to do so, the owner may be accordingly charged
pursuant to the provisions of this article as if the owner had conducted
the illegal dumping.
A.
Storage of household solid waste. 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.
B.
Curbside collection of household solid waste. It shall
be unlawful for any residential property owner to place any household
solid waste at public curbside more than 24 hours before scheduled
collection and to maintain the empty containers at curbside more than
24 hours after collection.
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 residential property
owner to park or permit the parking of any vehicle on his or her residential
lawn.
It shall be unlawful for any vehicle to be driven,
moved, stopped or parked on any highway unless such a vehicle is constructed
or loaded to prevent any of its load from dropping, sifting, leaking
or otherwise escaping therefrom. Any person operating a vehicle from
which any glass or objects have fallen or escaped which would cause
an obstruction, damage a vehicle or otherwise endanger travelers or
public property shall immediately cause the public property to be
cleaned of all glass or objects and shall pay the costs therefor.
[Amended 6-3-1991 by Ord. No. 1075-91]
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 a frequency as to prevent spillage of
refuse.
B.
Separation of recyclables. The owner, agent or contractor in charge of a construction and/or demolition site shall ensure that any recyclable materials, as defined in Article II, Recycling, § 258-3 of this chapter, generated as a result of a construction (or demolition) project be delivered to an approved recycling center, and shall provide written documentation to the municipality of the total amount of material recycled during the previous calendar year by February 14 of each year. These materials also include vegetative waste, concrete and asphalt and clean wood.
C.
No permit for construction or demolition shall be
approved until an origin and destination form is completed and submitted
to the Hamilton Township Construction Office with the permit application.
Likewise, receipts or other certified documentation evidencing proof
of the disposal of construction and/or demolition debris in a lawful
manner must accompany each application for a certificate of occupancy
or certificate of approval. No final certificate will be released
until these documents have been filed with the Construction Office.
It shall be unlawful for any residential or
commercial property owner to permit open or overflowing waste disposal
bins on his or her property.
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 his
or her premises free of litter. All sweeping shall be collected and
properly containerized for disposal.
A.
Any person, firm or corporation violating any of the
provisions of this article shall be subject to a fine of not less
than $100 nor more than $1,000 for each violation.
[Amended 6-3-1991 by Ord. No. 1075-91]
B.
If the violation is of a continuing nature, each day
during which it continues constitutes a separate and distinct offense
hereunder.
C.
Any person violating § 258-15, 258-17, 258-18, 258-20 or 258-23 and who is issued a warning and/or summons shall retain a receipt or other documentation evidencing proof of the disposal of these items in a lawful manner and not in further violation of this article and/or any federal, state, county or local ordinance or regulation. The same shall be produced upon request by any officer of the Township of Hamilton Police Department or the Municipal Court or the Environmental Enforcement Officer.
[Added 6-18-1990 by Ord. No. 1033-90]
D.
In the event that a person is adjudicated in violation
of this article and fails to remedy the violation within 30 days of
conviction and final adjudication of this matter by any court having
final jurisdiction thereof, the township, if it determines that the
violation poses a serious threat to the health, safety and/or welfare
of its inhabitants, may take appropriate measures to remove or abate
the violation(s), the costs of which removal and/or abatement shall
be a lien against the subject premises, to the extent permitted by
law.
[Added 6-18-1990 by Ord. No. 1033-90]
This article may be enforced by the Environmental
Enforcement Officer and/or officers of the Hamilton Township Police
Department.
