[HISTORY: Adopted by the Township Committee
of the Township of Hanover 12-9-1971 by Ord. No. 13-71. Amendments noted where
applicable.]
A. When not inconsistent with the context, words used
in the present tense 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. For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse and rubbish as defined herein, and all other
waste material which, if thrown, deposited or stored as herein prohibited,
tends to create a danger to public health, safety and welfare.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PRIVATE PREMISES
Any dwelling, house, building or other structures designed
or used either 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 or 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 papers, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery, building materials and similar materials.
VEHICLE
Every device in, or 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 or in official Township dumps: provided, however, that
said public receptacles shall not be used by persons owning or occupying
property in the vicinity of said public receptacles for the deposit
of domestic, commercial and industrial litter arising from the conduct
of said activities.
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.
B. No person shall burn in the open any rubbish or garbage
or refuse, including leaves, wood and building debris, except by special
permit of the Fire Department, obtained from the Township Clerk. This
shall not be construed to prohibit outdoor cooking and the use of
normal fuel therefor.
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.
[Amended 12-29-1986 by Ord. No. 37-86; 7-11-1991 by Ord. No.
16-91; 4-8-2010 by Ord. No. 12-10]
Nothing in this chapter shall be construed to
prohibit the deposit of leaves in a neat and careful manner in the
gutter of any street when the Public Works, Buildings and Grounds
and Park Maintenance Department is collecting the same. No leaves,
however, shall be placed on a street except during that period of
time in which the Township is, in fact, collecting leaves. However,
no person, even during that period of time in which the Township is
collecting leaves, shall place the leaves more than five feet beyond
the curb of any street. This condition and restriction on the placing
of leaves within the street is to protect the travelling public and
to avoid any type of accident.
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
the sidewalk and gutter in front of 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.
A. No person shall transport on or over any of the roads
within the Township in any wagon, vehicle, truck, tractor or trailer,
unless the vehicle is completely enclosed, any litter, garbage, refuse,
rubbish, hay, manure or other similar material that may fall from
said vehicle or be deposited, spilled or scattered in or upon any
street unless said material is properly secured by canvas, tarpaulin
or other similar or equal covering to prevent said material or other
matter from being blown or falling from said vehicle.
B. In case any such paper or other material being transported
shall fall from any such wagon, truck or other vehicle, the driver
thereof shall immediately stop and pick up and replace the same. The
Chief of Police, or officer in charge in the absence of the Chief
of Police, is hereby authorized to arrange for the removal of any
matter that spills or falls from a motor vehicle, at the expense of
the owner or driver of the vehicle responsible for any matter that
spills or falls onto a public highway, semipublic parking area, roadway,
school property, municipal recreation area, private property, etc.,
or at the expense of the owner, lessee, or person responsible for
said motor vehicle in the event that the owner, lessee, driver or
person responsible is unable or fails to immediately initiate action
to remove said waste paper, spilled material, matter, etc.
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. Where public receptacles are not provided, all such
litter shall be carried away from the park by the person responsible
for its presence and properly disposed of elsewhere.
No person shall throw or deposit litter in any
fountain, pond, lake, stream, bay or any other body of water in a
park or elsewhere within the Township.
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 or
distribute or sell any commercial handbill in or upon any sidewalk,
street or other public place within the Township; provided, however,
that it shall not be unlawful on any sidewalk, street or other public
place within the Township 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 register 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 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 right
of privacy disturbed or to have any such handbills left upon such
premises.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill in or upon private premises
which are inhabited, except by handing or transmitting any such handbill
directly to the owner, occupant or other person then present in or
upon such private premises; provided, however, that in case of inhabited
private premises which are not posted as provided in this chapter,
such person, unless requested by anyone upon such premises not to
do so, shall have the authority to place or deposit any such handbill
in or upon such inhabited private premises if such handbill is so
placed or deposited as to secure or prevent such handbill from being
blown or drifted about such premises or sidewalks, streets or other
public places, except that mailboxes may not be used when so prohibited
by federal postal law or regulations.
No person shall throw, deposit or distribute
any newspaper in or upon private premises except by handing or transmitting
said newspaper directly to the owner, occupant or other person then
present in or upon the said premises; provided, however, that newspapers
may be thrown, deposited or distributed on private premises with the
consent of the owner so long as they are thrown, deposited or distributed
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 by the
owners thereof or required by law.
No person shall throw, deposit or store litter
on any occupied 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
the collection and removal of the same in such manner that same shall
not be unsightly and detrimental to the surrounding neighborhood.
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.
No person shall throw or deposit litter on any
open or vacant private property within the Township, whether owned
by such person or not.
[Added 8-25-1988 by Ord. No. 24-88]
It shall be unlawful for any persons to deposit
or dispose of any garbage, rubbish or refuse on any public or private
property within the Township of Hanover, except in designated receptacles
or areas specifically designated as sites or facilities for the receipt
of such garbage, rubbish or refuse, which sites or facilities must
have been designated as such by state, county or local authorities.
[Amended 12-29-1986 by Ord. No. 37-86; 5-28-1998 by Ord. No.
15-98; 4-8-2010 by Ord. No. 12-10]
The Hanover Township Public Works, Buildings
and Grounds and Park Maintenance Department, the Township of Hanover
Police Department or the Property Maintenance Officer shall have the
authority to enforce the terms and conditions of this chapter and,
particularly, the above-referenced new section.
[Amended 8-25-1988 by Ord. No. 24-88]
Any person violating or failing to comply with
any of the provisions of this chapter shall, upon conviction thereof,
be subject to a fine of not more than $1,000 or may be imprisoned
in the county jail for a term not to exceed 90 days, or both. Each
day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such. Each day that
garbage, refuse or rubbish remains dumped in violation of this chapter
shall constitute a separate and distinct offense, in addition to the
act of dumping such material.