[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood 7-12-1988
as Ord. No. 13-88; amended in its entirety 11-27-1990
by Ord. No. 21-90. Subsequent amendments noted where applicable.]
GENERAL REFERENCES.
Brush, grass and weeds — See Ch. 132.
Garbage, rubbish and refuse — See Ch. 193.
Junkyards and junk shop — See Ch. 204.
Littering — See Ch. 215.
Property maintenance — See Ch. 247.
Recycling — See Ch. 256.
Abandoned vehicles — See Ch. 309.
Garbage, rubbish and refuse (Board of Health) — See Ch. 365.
Housing and Sanitation — See Ch. 369.
It is the intent of the Mayor and Council to provide for and promote
the implementation of the Clean Communities Act, P.L. 1986, c. 187, N.J.S.A.
13:1E-99.1, et seq., and to clarify and consolidate certain provisions of
local law in order to assist and promote efforts toward an attractive, safe,
healthy and clean environment within the Borough of Maywood.
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
in a litter receptacle.
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 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, 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.
A container suitable for the depositing of litter and as provided in Maywood Code § 215-1.
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 and bus stations; parks; drive-in restaurants; all street vendor
locations; self-service refreshment areas; construction sites; gasoline service
station islands; shopping centers; parking lots; 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.
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, except by written consent of the owner of said
property, in any place not specifically designated for the purpose of solid
waste storage or disposal.
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, unless stored in a fully
enclosed structure, except that such items may be placed on the curb the night
before and during days designated for the collection of bulky items.
It shall be unlawful for any residential property owner to store or
permit the storage of any tires in areas zoned residential unless stored in
a fully enclosed structure, except that such items may be placed on the curb
the night before and during 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 residential property owner to keep or permit
the keeping of any motor vehicle, trailer or semi-trailer which is missing
tires, wheels, the engine or any 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 on such
residential property, unless stored in a fully enclosed structure.
It shall be unlawful for any residential property owner to permit open
or overflowing waste disposal bins on such property. It shall be unlawful
for any commercial property owner to permit open or overflowing waste disposal
bins on such property except that this chapter shall not have jurisdiction
over the keeping or storage of food items coming within the purview of the
Board of Health.
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 sweepings shall be collected and properly containerized
for disposal.
A.
There is hereby established a Maywood Clean Communities
Committee which shall consist of five members, appointed by the Mayor and
approved by the Council, who shall each serve for two years. The Mayor and
Council shall make its initial appointment of three members for a term to
terminate on December 31, 1991, or as soon thereafter as reappointments are
made for those positions. The Mayor and Council shall make an initial appointment
for two members for a term to terminate on December 31, 1992, or as soon thereafter
as re-appointments are made for those positions. Following the completion
of the initial appointments, all reappointments shall be for a two-year term.
The Committee shall elect one member to act as Chairman.
B.
The Clean Communities Committee shall oversee the implementation
of this chapter, coordinate the Clean Communities Grant Program and act as
liaison to the New Jersey Department of Environmental Protection, Office of
Recycling and the Clean Communities Program.
This chapter shall be enforced by an enforcement officer who shall be
appointed by the Mayor and Council. He shall receive such training as shall
be designated by the Mayor and Council.
It shall be the obligation of the enforcement officer to issue either
warnings, so as to bring to the attention to the residents of Maywood the
existence of the provisions of this chapter, or summonses upon his determining
that there is a violation or violations of a provision or provisions of this
chapter. The enforcement officer shall not go upon any private residential
property for the purpose of determining whether there is a violation of this
chapter but, having determined that there is a violation without doing so,
may issue a summons.
The Municipal Court of the Borough of Maywood is hereby given jurisdiction
to hear the charges of violations of this chapter issued by the enforcement
officer and to effect suitable fines upon the finding of guilt of a violation
of the same.
The following ordinances are hereby ratified and saved from repeal:
A.
Any person, firm or enterprise violating any provision
of this chapter shall be fined not less than $15 nor more than $100 for each
violation. If the violation is of a continuing nature, each day during which
it continues shall constitute a separate and distinct offense.
B.
In addition to the penalty provided above,
the court may direct the violator to perform community service, including
litter pickup and removal, for a time of not less than two nor more than 10
hours for each violation.
