[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.
Every person who owns or occupies property shall keep the sidewalk in
front of his premises free of litter.
No person shall throw or deposit litter from a vehicle upon any street,
sidewalk or other public place or upon private property.
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 throw or deposit litter in any fountain, pond, lake,
stream or any other body of water in the borough.
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.
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.
No person shall throw or deposit litter on any open or vacant private
property, whether owned by such person or not.
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.