[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood 11-21-72.[1] Section 215-16 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Chs. 193 and 365.
Parks and playgrounds — See Ch. 233.
Recycling — See Ch. 236.
[1]
Editor's Note: The provisions of this chapter are derived from Ch. 14, Art. I, of the former Revised Ordinances, adopted 11-21-72 as Ord. No. 659.
[Amended 12-30-85 by Ord. No. 22-85]
Unless otherwise expressly provided or unless there is something in the subject or context repugnant to such construction or unless inconsistent with the manifest intent of this chapter, the following words and phrases used in this chapter shall have the following meanings:
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle weighing not more than 60 pounds when filled, constructed of galvanized metal or rigid plastic, leakproof, not more than 26 inches in height and having a properly secured metal or plastic lid.
COMMERCIAL HANDBILL
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 of literature which:
A. 
Advertises any merchandise, product, commodity or thing for sale;
B. 
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;
C. 
Directs attention to or advertises any meeting, theatrical performance, exhibition of event of any kind for which an admission fee is charged for the purpose of private gain or profit. The terms of this subsection 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 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. 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 a law of the state or ordinance of the borough; or
D. 
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.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
HANDBILL
Includes both commercial handbills and noncommercial handbills as such terms are defined in this section.
LITTER
Garbage, refuse and rubbish, as such are defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to the public health, safety and welfare.
NEWSPAPER
Any newspaper of general circulation as 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 officer 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.
NONCOMMERCIAL HANDBILL
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 copies of any matter of literature not included in the aforesaid definitions of a "commercial handbill" or "newspaper."
PARK
A park, reservation, playground, beach, recreation center or any other public area in the borough owned or used by the borough and devoted to active or passive recreation.
PRIVATE PREMISES
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, walk, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling, house, building or other structure.
REFUSE
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.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, furniture, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials and bricks or building materials resulting from the demolition of any structure.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a public street.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place except in public receptacles or in authorized private receptacles for collection.
Litter shall be placed in public receptacles or in authorized private receptacles in such a manner as to prevent it from being scattered, carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
[Amended 12-30-85 by Ord. No. 22-85]
Except as otherwise authorized pursuant to this chapter, no person shall put, place, deposit, leave, sweep or throw any litter in any gutter, street or other public place within the Borough of Maywood from any building or lot or from any public or private sidewalk or driveway.
A. 
No person shall drive or move any truck or other 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.
B. 
No person shall drive or move any vehicle or truck if the wheels or tires carry onto or deposit in any street, alley or other public place mud, dirt, adhesive substances or foreign matter of any kind.
No person shall throw or deposit litter in any park or playground 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, playground or upon any street, sidewalk or other public place. Where public receptacles are not provided, all litter shall be carried from the park or playground by the person responsible for its presence and properly disposed of elsewhere.
No person shall post or affix a notice, poster or other paper or device calculated to attract the attention of the public to any lamp post, public utility pole, street sign, traffic post or shade tree or upon any public structure or building, except as may be authorized or required by law.
A. 
Throwing or distributing handbills in public places. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the borough.
B. 
Placing handbills in or on vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicles. Subject to provisions of ordinances of the borough or laws of the State of New Jersey, 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.
C. 
Placing handbills on private vacant premises. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are uninhabited or vacant.
D. 
Placing handbills on posted premises. 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 Trespassing," "No Peddlers or Agents," "No Advertisement" or any similar notice indicating in any matter 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.
E. 
Distributing handbills on private premises; manner of depositing; exceptions.
(1) 
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. In the 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 such handbill 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.
(2) 
The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers, as defined in § 215-1, 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 private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter. This section shall not prohibit the storage of litter in authorized private receptacles for collection.
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 private property may maintain authorized private receptacles for collection in such a manner that litter will not be carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
A. 
Notice to remove. The Board of Health Inspector is authorized and empowered to notify the owner of any open or vacant private property or the agent of such owner to properly dispose of litter located on such property which is dangerous to the public health, safety or welfare. Notice shall be by registered or certified mail addressed to said owner or agent at the last known address.
B. 
Action upon noncompliance. Upon failure, neglect or refusal of any owner or agent so notified to properly dispose of said litter within 10 days after receipt of written notice specified in Subsection A of this section or within 20 days after the date of such notice in the event it is returned to the borough 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 or agent, the Board of Health Inspector is authorized and empowered to pay for disposing of such litter or to order its disposal by the borough.
C. 
Charge included in tax bill. When the borough has effected the removal of dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of 6% per annum from the date of the completion of the work, shall, unless paid by the owner prior thereto, be charged to the owner of the property on the next regular tax bill forwarded to the owner by the borough. The charges shall be due and payable by the owner at the time set for payment of the tax bill.
D. 
Recorded statement constitutes lien. Where the full amount due the borough is not paid by the owner within 30 days after the disposal of such litter as specified in Subsections A and B of this section, then and in that case the Board of Health Inspector shall cause to be recorded in the Tax Collector's office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty of 8% in the event that they are not paid in full on or before the tax bill upon which the charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been properly and satisfactorily completed and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
Any person who violates any provision of this chapter, shall, upon conviction thereof, be punished by a fine not exceeding $1,000 or by 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.
[1]
Editor's Note: Amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I.