[HISTORY: Adopted by the Township Council of the Township of Jefferson 12-12-1979
by Ord. No. 34-79 (Ch. 59 of the 1967 Code). Amendments noted
where applicable.]
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. "Aircraft" includes helicopters and
lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle weighing not more than
75 pounds when filled, constructed of galvanized metal or plastic of equivalent
strength, leakproof, not more than 34 inches in height and of a capacity not
to exceed 25 gallons and having a tight-fitting cover or lid.
Any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced
original or copy of any matter of literature which:
Advertises any merchandise, product, commodity or thing for sale;
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 for
the purpose of gain or profit. The terms of this subsection shall 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 it is held, is given or takes place in connection
with the dissemination of information which does not violate the ordinary
rules of decency, good morals, public peace, safety and good order, provided
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 law of this state or ordinance of the Township; or
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.
Includes both commercial handbills and noncommercial handbills as
such terms are defined in this section.
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, newspapers, magazines, glass, metal,
plastic or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other extraction
processes, logging, sawmilling, farming or manufacturing.
[Amended 2-1-2006 by Ord. No. 2-06]
A container suitable for the depositing of litter.
[Added 2-1-2006 by Ord. No. 2-06]
Any newspaper of general circulation 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 office as provided by general law. In addition
thereto, "newspaper" means and includes any periodical or magazine regularly
published with not less than four issues per year and sold to the public.
Any printed or written matter, any sample or device, circular, dodger,
leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed
or otherwise reproduced original or copy of any matter of literature not included
in the aforesaid definitions of a commercial handbill or newspaper.
A park, reservation, playground, beach, recreation center or any
other public areas in the Township owned or used by any public agency and
devoted to recreation purposes.
Any individual, corporation, company, partnership, firm, association,
or political subdivision of this state subject to municipal jurisdiction.
[Added 2-1-2006 by Ord. No. 2-06]
Any dwelling, house, building or other structure 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, grounds, walks, driveway, porch, steps, vestibule or mailbox belonging
to or appurtenant to such dwelling, house or building or other structure.
Includes all streets, sidewalks, boulevards, alleys or other public
ways 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, specifically including
abandoned furniture and household equipment and scrap building materials.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as paper, wrappings, cigarettes, cigars and tobacco wastes, cardboard,
tin cans, yard or garden or lawn clippings, leaves, wood, glass, bedding,
crockery and similar materials.
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 except in public receptacles or in authorized receptacles
for collection or in official Township disposal areas.
A.
No person shall sweep into or deposit in any gutter,
street or other public place the accumulation of litter from an building or
lot or from any public or private sidewalk or driveway.
B.
No person who owns or occupies a place of business shall
sweep into or deposit in any gutter, street or other public place the litter
from any building or lot or from any public or private sidewalk or driveway.
A.
Every person who owns or occupies property shall keep
the sidewalk in front of his premises free of litter.
B.
Every person who owns or occupies a place of business
shall keep the sidewalk in front of his business premises free of litter.
C.
The owner, tenant or occupant referred to in Subsections A and B of this section shall be guilty of a violation of this section if such owner, tenant or occupant had actual notice of the presence of the litter and fails or refuses to correct the condition within a reasonable time thereafter or if the litter remains on the premises or on the sidewalk in front of the premises for a sufficiently long period of time to give rise to constructive notice of its presence.
No person shall throw or deposit litter from a vehicle upon any street
or other public place.
A.
No person shall drive or move any truck or other commercial
vehicle unless the vehicle is so constructed or loaded as to prevent any litter
from being blown or deposited upon any street, alley or other public place
or other private premises.
B.
No person shall drive or move any commercial vehicle
or truck if the wheels or tires carry onto or deposit in any street, alley
or other public place mud, dirt, sticky substances or foreign matter of any
kind.
No person shall throw or deposit litter in any park except in public
receptacles and in such a manner as to prevent such litter 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 litter
shall be carried from the park by the person responsible for its presence
and shall be properly disposed of elsewhere.
[Amended 12-19-2007 by Ord. No. 27-07]
No person shall throw or deposit litter, including leaves and other
vegetative or yard waste, in any fountain, pond, lake, stream, bay or any
other body of water.
A.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place.
B.
No person shall hand out or distribute or sell any commercial
handbill in any public place; provided, however, that it shall not be deemed
unlawful for any person to hand out or distribute, without charge to the receiver
thereof, in any sidewalk, street or other public place any noncommercial handbill
to any person willing to accept it.
No person shall throw or deposit any handbill in or upon any vehicle;
provided, however, that it shall not be unlawful for a person to hand out
or distribute without charge to the receive thereof, in any public place,
a noncommercial handbill to any occupant of a vehicle who is willing to accept
it.
No person shall throw or deposit any handbill in or upon any private
premises which are temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute any handbill in or upon
any private premises if requested by anyone in or upon such a premises not
to do so or if there is placed on said premises in conspicuous position near
the entrance thereof a sign bearing the words, "no trespassing," "no peddlers
or agents," "no advertisement" or any similar notice indicating 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 handbill in or upon private premises which are inhabited except by handing or transmitting such handbill directly to the owner, occupant or other person then present, except as hereinafter provided. A person, unless requested by anyone upon the premises not to do so, may place or deposit any such handbill in or upon inhabited private premises if the premises are not posted as provided in § 313-12 and the handbill is placed or deposited so as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public places or private premises. Mailboxes may not be so used when prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers as defined in § 313-1; provided, however, that newspapers shall be placed on private premises in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or any other public place or upon private property.
No person while in an aircraft shall throw out, drop or deposit upon
or within the Township any litter, handbill or any other object.
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 or upon
any official traffic control devices as defined in N.J.S.A. 39:1-1, except
as may be authorized or required by law.
No person shall throw or deposit litter on any occupied private property,
whether owned by him or not, except that the owner or person in control of
the private property shall maintain authorized private receptacles for collection
in such a manner that litter will not be carried or deposited by the elements
upon any other public place or upon any private property. The authorized receptacles
shall be maintained in such a manner that they will not be unsightly and detrimental
to the surrounding neighborhood.
The owner or person in control of any private property shall all times
maintain the premises free of litter. This section shall not be construed
to 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, whether owned by such person or not.
A.
Notice to remove. The Township Engineer or his duly designated
agent or the Health Officer of the Township is authorized and empowered to
notify the owner of any open or vacant private property, or the tenant or
agent of such owner, to dispose properly of litter located on such owner is
property which is dangerous to the public health, safety or welfare. Notice
shall be by registered or certified mail, return receipt requested, addressed
to said owner or his agent or tenant at his last known address, or served
personally upon said owner, tenant or agent.
B.
Action upon noncompliance. Upon failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of said litter within 10 days after receipt of a written notice specified in Subsection A of this section, or within 10 days after the date of such notice in the event that it is returned to the Township by the Post Office Department because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner, tenant or agent, the Township Engineer or his duly designated agent, or the Health Officer or his duly designated agent, is authorized and empowered to dispose of such litter, and the cost thereof shall be certified to the Council.
C.
Action by Council. If the Council, after examining the
certificate, finds the cost to be correct, it shall cause the cost to be charged
against said land as set forth in N.J.S.A. 40:48-2.14. Such charge shall become
a lien upon such lands and shall be added to and become and form part of the
taxes next to be assessed and levied upon such lands, the same to bear interest
at the same rate as taxes, and shall be collected and enforced by the same
officers and in the same manner as taxes.
The provisions of this chapter shall be administered and enforced by
licensed inspectors of the Department of Health and Welfare of the Township
and all members of the Police Department of the Township, and said officials
are specifically charged with the duty to enforce this chapter and, to that
end, to make and sign complaints for violations in the Municipal Court of
the Township.
[Amended 2-20-1991 by Ord. No. 2-91; 6-14-2006
by Ord. No. 16-06]
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not to exceed $2,000 or imprisonment for a
term not exceeding 90 days, or both. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
