[HISTORY: Adopted by the Mayor and Council of the Borough of Middlesex as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-27-1971 by Ord. No. 564]
For the purpose of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense shall 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.
BOROUGH
The Borough of Middlesex in the County of Middlesex and State of New Jersey.
FILL MATERIAL
Includes all materials used for landfill and/or road-construction purposes, including industrial scraps, sand, gravel, macadam and concrete products (new or broken up), topsoil and other materials as may be approved by the Middlesex Borough Board of Health.
GARBAGE
The putrescible, animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
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 7-27-2021 by Ord. No. 2038]
LITTER RECEPTACLE
A container suitable for the depositing of litter.
[Added 7-27-2021 by Ord. No. 2038]
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
[Amended 7-27-2021 by Ord. No. 2038]
PUBLIC PLACE
Any and all streets, sidewalks, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings within the Borough.
REFUSE
Any putrescible solid wastes, including garbage, rubbish, ashes, street cleanings, dead animals, scrap metal, machinery, any solid market or industrial waste.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper wrappings, cigarettes, cardboard, tin cans, grass, glass, bedding, crockery, building materials and similar other waste materials.
SIDEWALK
Includes that land between the curbline and property line, whether or not the land has been improved with a hard surface.
[Amended 7-27-2021 by Ord. No. 2038]
No person shall throw or deposit or place, or cause to be blown or cause to be deposited or placed, upon any street, sidewalk or other public place within the Borough of Middlesex any litter, garbage, refuse or rubbish, except in a litter receptacle, or as authorized under the rules and regulations of the Borough for regulating municipal garbage collection.
No person while a driver or passenger in any vehicle shall throw or deposit, or place or cause to be placed, thrown or deposited or blown, upon any street or other public place within the Borough of Middlesex, any litter, garbage, refuse or rubbish.
No person shall drive or move any truck or any vehicle within the Borough of Middlesex unless such vehicle is so constructed or loaded as to prevent any load or contents of litter, ashes, garbage, refuse, rubbish or other waste materials from being blown or deposited or falling upon any street, alley or other public place in the Borough; nor shall any person drive or move any vehicle or truck within the Borough if the wheels or tires carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances or foreign matter of any kind, unless the public way is promptly cleaned at the end of each day's work by the responsible contractor.
Every person who shall deposit litter, ashes, garbage, rubbish or refuse at any sanitary landfill site duly licensed in the Borough of Middlesex shall transport such material to the site either in a closed vehicle, or a vehicle in which such material is covered tightly by a tarpaulin or other appropriate covering, or else all such materials shall be transported in suitable containers with tightly fitting covers.
All litter, garbage, refuse or rubbish or other materials being transported by truck or other vehicle within the Borough of Middlesex which shall spill or fall while being carried or conveyed by a truck or other collection vehicle or container, or while being loaded into or transported by any such truck, vehicle or other container, shall be immediately removed and broom-cleaned so as to leave the premises or street or public way in a clean condition. The operator of any such truck, vehicle or the person having control over any such container shall be responsible for removing and cleaning, as specified herein.
[Added 11-26-1991 by Ord. No. 1222]
No person will be permitted to 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 must keep the sidewalk in front of his or her premises free of litter. All litter sweepings must be collected and properly containerized for disposal.
[Added 11-26-1991 by Ord. No. 1222]
It is unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or immediately following completion of any construction or demolition project. It is the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
[Added 11-26-1991 by Ord. No. 1222]
Commercial establishments and residences. It is 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 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, back yards, courts and alleys clear of litter.
[Added 11-26-1991 by Ord. No. 1222]
It is unlawful for any person to place, to cause to be placed or to hire another to place any advertisement, handbill or any other unsolicited material of any kind in or on any street, sidewalk, building or vehicle within the community in such a manner that it may be removed by natural forces.
Any person who shall violate any provision of this chapter shall, upon conviction, be punishable by a fine not exceeding $200 or by imprisonment for not more than 60 days, or both, in the discretion of the Municipal Magistrate. A separate offense shall be deemed committed on each day during or on which a violation occurred or continued, or for each separate violation hereof.
[Adopted 10-11-2005 by Ord. No. 1667]
An article to establish requirements to control littering in the Borough of Middlesex, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
For the purpose of this article, 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.
LITTER
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.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
A. 
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
B. 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this article, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this article.
This article shall be enforced by the Police Department and/or the Code Enforcement Official of the Borough of Middlesex.