[HISTORY: Adopted by the Township Council of the Township of Lopatcong 12-30-1974
by Ord. No. 250 as Ch. 72 of the 1974 Code of the Township
of Lopatcong. Amendments noted where applicable.]
[Amended 8-3-2005 by Ord. No. 2005-13]
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings stated herein unless their use
in the text of this chapter clearly demonstrates a different meaning. 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.
Any contrivance now known or hereafter invented, used or designated
for navigation or for flight in the air. The word "aircraft" shall include
helicopters and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle.
Any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced
original or copies of any matter or literature which:
Advertises for sale any merchandise, product, commodity or thing;
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 private gain or profit; but the terms of this definition shall
not 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 any 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 definition
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 any law of this state or under
any ordinance of this 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.
Animal and vegetable wastes resulting from the handling, preparation,
cooking and consumption of food.
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 8-3-2005 by Ord. No. 2005-13]
A container suitable for the depositing of litter.
[Added 8-3-2005 by Ord. No. 2005-13]
Any newspaper of general circulation as defined by general law, any
newspaper duly entered with the United States Post Office in accordance with
federal statute or regulation and any newspaper filed and recorded with any
recording officer as provided by general law and, in addition thereto, any
periodical or current magazine regularly published with not less than four
(4) issues per year and sold to the public.
Any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed
or otherwise reproduced original or copies of any matter of literature not
included in the aforesaid definitions of a "commercial handbill" or "newspaper."
A park, reservation, playground, boardwalk, beach, recreation center
or any other public area in the Township owned or used by the Township and
devoted to active or passive recreation.
Any individual, corporation, company, partnership, firm, association,
or political subdivision of this state subject to municipal jurisdiction.
[Amended 8-3-2005 by Ord. No. 2005-13]
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 includes any yard,
grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant
to such dwelling, house or building or other structure.
Any and all streets, sidewalks, beaches, boardwalks, boulevards,
alleys or other public ways and any 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.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery and similar materials.
The Township of Lopatcong.
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 or upon any private property within the Township without
complying with the State Sanitary Code for landfills, except in public receptacles,
in authorized private receptacles for collection or in official Township dumps.
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
or upon private property.
[Amended 10-16-1985 by Ord. No. 1985-19]
No person shall sweep into or deposit in any gutter, street or other
public place within the Township the accumulation of litter or grass, leaves
and yard clippings 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, grass, leaves and yard
clippings.
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 in front of their business premises free
of litter.
No person, while a driver of or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the Township
or upon private property.
No person shall drive or move any truck or other vehicle within the
Township unless such vehicle is so constructed or loaded as to prevent any
load, contents or litter from being blown or deposited upon any street, alley
or other public place; nor shall any person drive or move any vehicle or truck
within the Township, the wheels or tires of which carry into or deposit in
any street, alley or other public place mud, dirt, sticky substances, litter
or foreign matter of any kind.
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 as
provided herein.
No person shall throw or deposit litter in any fountain, pond, lake,
stream 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 any public place; 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 such
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 receiver 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 private premises which are temporarily or continuously uninhabited
or vacant.
No person shall throw or 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 conspicuous position near the
entrance thereof a sign bearing the words: "No Trespassing," "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.
A.
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, may 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 from being blown or drifted about such premises or
sidewalks, streets or other public places, and except that mailboxes may not
be so used when so prohibited by federal postal law or regulations.
B.
Exemption for mail and newspapers. The provisions of
this section shall not apply to the distribution of mail by the United States
nor to newspapers (as defined herein), except that newspapers shall be placed
on private property 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 in an aircraft shall throw out, drop or deposit 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, except
as may be authorized or required by law.
No person shall throw or deposit 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 collection in such a manner that litter will be prevented
from being carried or deposited by the elements upon any street, sidewalk
or other public place or upon any private property.
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.
A.
Notice to remove. The authorized agent of the Township
Council is hereby authorized and empowered to notify the owner of any open
or vacant private property within the Township, or the agent of such owner,
to properly dispose of litter located on such owner's property which
is dangerous to public health, safety or welfare. Such notice shall be by
registered mail, addressed to said owner at his last known address.
[Amended 2-19-1992 by Ord. No. 1992-02]
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within ten (10) days after receipt of written notice provided for in Subsection A above or within fifteen (15) days after the date of such notice in the event that the same is returned to the post office because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the authorized agent of the Township Council is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Township.
[Amended 2-19-1992 by Ord. No. 1992-02]
C.
Charge included in tax bill. When the Township has effected
the removal of such dangerous litter or has paid for its removal, the actual
costs thereof, plus accrued interest at the rate of six percent (6%) per annum
from the date of the completion of the work, if not paid by such owner prior
thereto, shall be charged to the owner of such property on the next regular
tax bill forwarded to such owner by the Township. Said charge shall be due
and payable by said owner at the time of payment of such bill and shall be
collected in the same manner as fixed by law for the collection of taxes.
[Amended 2-19-1992 by Ord. No. 1992-02]
Any person violating any of the provisions of this chapter shall, upon
conviction in the Municipal Court of the Township of Lopatcong, be punishable
for each offense by a fine not to exceed one thousand dollars ($1,000.) or
by imprisonment for a term not exceeding ninety (90) days in the county jail
or by a period of community service not exceeding ninety (90) days, or any
combination thereof.
[Added 8-3-2005 by Ord. No. 2005-13]
All sections of this chapter shall be enforced by the Lopatcong Township
Police Department.
