[HISTORY: Adopted by the Board of Commissioners of the Borough of Longport 11-2-1988. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- 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, can or top, cap or detachable tab of any bottle, jar or can; or 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, magazines, glass, metal, plastic or paper containers or other packaging or construction material.
No person shall throw or deposit litter in or upon any street, sidewalk or beach or in any other public place within the Borough of Longport except in public receptacles or in authorized private receptacles for collection.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner so as to prevent it from being carried or deposited by animals or elements upon any street, sidewalk or public place or private property.
Litter receptacles and their servicing are required at the following public places which may exist in the Borough of Longport, including sidewalks used by pedestrians; buildings used by the public; parks; all self-service refreshment areas; construction sites; gasoline service station islands; shopping areas; parking lots; beaches; playgrounds; public or private piers operated for public use; or at any special events where the public may be invited. The proprietors of these places or sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available. "Litter receptacles" means a container suitable for the deposit of litter.
[Amended 4-7-1993 by Ord. No. 93-05]
No person shall sweep into or deposit in any gutter, street or public place within the Borough of Longport 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. Following a significant storm event whereby sand becomes deposited within the sidewalk area adjoining an owner's property, the homeowner may have the sand removed at his or her own expense from the sidewalk area and deposited within the street gutter area within a ten-day period following the last storm high tide.
[Amended 5-15-1991 by Ord. No. 91-06]
It shall be unlawful for any residential/commercial property owner/tenant to store, place or permit the placement of any solid waste on any pavement, curb, sidewalk, street, highway, vacant lot or other place within the Borough of Longport except on the day prior to designated collection days for this material. Privately contracted individuals are responsible for the proper disposal of all landscaping debris, i.e., grass, brush, limbs or garden waste. If material is found at the curb, the homeowner and/or landscaper will be subject to a fine.
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 so designated for the collection of tires.
Storage. It shall be unlawful for any residential property owner/tenant to park or permit the parking of any vehicle on his or her residential lawn.
Inoperable vehicles. It shall be unlawful for any person to keep or permit the keeping on streets, vacant lots and residential lawns, except in a fully enclosed structure, any motor vehicle, trailer, boat or boat-trailer or semitrailer which is missing tires, wheels, engine or essential parts; or which displays extensive body damage or deterioration; or which does not display a current, valid state license; or which is wrecked, disassembled or partially disassembled.
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway or street, unless said 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 could 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 cost thereof.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Borough of Longport 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 Borough of Longport shall keep the sidewalk surrounding their business free of litter. It shall also be the responsibility of persons owning or occupying places of business within the Borough of Longport to keep shrubbery and tree areas on their sidewalks free of litter and trimmed so as not to cause injury.
No person, while a driver or a passenger in a vehicle, shall throw or deposit litter upon any street or public place within the Borough of Longport or upon private property.
No person shall throw or deposit litter in the ocean, bay or any other body of water within the Borough of Longport.
It shall be unlawful for any person to dump or discard along any street or road, on or off any right-of-way, household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture, boats or boat parts or trailers on any private or public property or in any place not specifically designated for the purpose of solid waste storage or disposal.
[Amended 10-6-2010 by Ord. No. 2010-17]
It shall be unlawful for any property owner, agent, or contractor that is in responsible charge of a construction or demolition site to permit the accumulation of litter before, during, or after the completion of any construction or demolition project. Accordingly, it shall be the responsibility of any property owner, agent, or contractor in responsible charge of a construction or demolition site to comply with the following:
Furnish containers adequate to accommodate flyable material or nonflyable debris and/or trash at areas on the construction or demolition site convenient to the active area of construction or demolition; and to maintain and empty said containers in such a manner and with such frequency as to prevent spillage or wind-driven transport of such material and/or debris.
Erect a solid wood or plastic construction fence a minimum of two feet in height seated firmly on the existing grade about the entire perimeter of the construction site.
Store all material, supplies, equipment, and machinery on the construction site with proper security lighting.
Should portable toilets be utilized, said units shall be located fully within the construction fencing on such property with the entrance door to the unit facing away from the street right-of-way. Under no circumstances shall the unit be placed within any municipal or county street right-of-way.
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
[Amended 4-7-1993 by Ord. No. 93-05]
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 materials. 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 surrounding his or her property free of litter. All sweepings shall be collected and properly containerized for disposal. Within 10 days following the last storm high tide of a significant storm event, whereby sand material becomes deposited within the sidewalk area, the homeowner of the abutting property to this sidewalk shall be responsible to clear the sidewalk area of said sand material at his or her own cost. In accordance with § 112-4, sand material only from the sidewalk area may be deposited within the street gutter area within the ten-day period after the last storm high tide. After this ten-day period, no material may be placed within the gutter area, and any violation thereof shall be subject to §§ 112-2 and 112-21 of this chapter.
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises in such a way as to allow said material to be blown or drifted about the premises or sidewalk, streets or public places.
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, utility pole or tree or upon any public structure or building, except as may be authorized or required by law.
The owner or person in control of any private property shall at all times maintain the premises free of litter.
No person shall throw or deposit litter on any open or vacant private or public property within the Borough of Longport, whether owned by such person or not.
[Amended 4-7-1993 by Ord. No. 93-05; 10-6-2010 by Ord. No. 2010-17]
Any person violating this chapter shall, upon conviction thereof, be punishable by one or more of the following: a period of community service not exceeding 90 days; a fine of not less than $100 nor more than $1,250 at the discretion of the presiding Judge.
Any person who is convicted of violating the provisions of this chapter within one year of the date of the previous violation of the same chapter and who was fined for the previous violation shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court for a repeated offense shall not be less that the minimum or exceed the maximum fine fixed for a violation of this chapter, but shall be calculated separately from the fine imposed for the original violation of this chapter. Whenever such person shall have been officially notified of by service of a summons in a prosecution, or in any other official manner, that said person is committing a violation, each day's occurrence shall constitute a separate offense, punishable by a fine or penalty.
[Amended 10-6-2010 by Ord. No. 2010-17]
It shall be the duty of either the Longport Police Department, member of Longport Beach Patrol, Zoning Officer, or Construction Code Official or his designee to enforce the provisions of this chapter.