This chapter shall be known and may be cited as the "Mount Holly Township
Anti-Litter Ordinance."
In the interpretation of this chapter, the following words and phrases
shall have the following meanings:
AIRCRAFT
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.
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle as required and authorized in An Ordinance to Regulate Garbage, Trash and Waste Collection in the Township of Mount Holly, codified in Chapter
137, Article
I.
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:
A.
Which advertises for sale any merchandise, product, commodity or thing;
B.
Which 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.
Which directs attention to or advertises any meetings, 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 subsection shall
not apply where an admission fee is charged or a collection is taken up for
the purpose of defraying incidental expenses 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; or
D.
Which, 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 an advertiser or distributor.
GARBAGE
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, carton 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; or magazines; glass, metal,
plastic or paper containers or other packaging or construction material; or
any handbills, advertisements, brochures, flyers, shoppers or other unsolicited
commercial matter, printed or otherwise, of every kind or nature whatsoever.
[Amended 12-12-1988 by Ord.
No. 1988-15]
LITTER RECEPTACLE
A container suitable for the depositing of litter.
[Added 12-12-1988 by Ord.
No. 1988-15]
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 and, in addition
thereto, shall mean and include any periodical or current 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, 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.
PARK
A park, reservation, playground, beach, recreation center or any
other public area in the Township owned or used by the Township 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
or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
Any and all streets, sidewalks, alleys or other public ways and any
and all public parks, squares, spaces, grounds and buildings.
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, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery, brush, weeds, dead and dying trees,
stumps, roots, obnoxious growths, filth and debris.
TRASH
Litter as defined herein.
VEHICLE
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 within the Township except in public receptacles, in
authorized private receptacles for collection or in official Township landfills
during specified hours and shall place or deposit litter in such a manner
that it will be prevented from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon private property.
[Added 12-12-1988 by Ord.
No. 1988-15]
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 and government buildings;
parks; drive-in restaurants; all street vendor locations; self-service refreshment
areas; construction sites; gasoline service station islands; shopping centers;
parking lots; marinas, boat moorage and fueling stations; boat launching areas;
public and private piers operated for public use; beaches and bathing areas;
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.
Persons owning or occupying places of business or property within the
Township shall keep the sidewalk in front of their premises free of litter.
No person, while a driver 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.
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, bay or any other body of water in a park or elsewhere within the Township.
No person shall hand out or distribute or sell any commercial handbill
in any public place, provided 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, any noncommercial 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 that it shall not be unlawful in any public
place for a person to hand out or distribute, without charge, 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 any private premises which are uninhabited or vacant.
No persons 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
or on any open or vacant lots 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.
[Added 12-12-1988 by Ord.
No. 1988-15]
It shall be unlawful for any residential property owner to store or
permit the storage of tires in areas zoned residential except in a fully enclosed
structure.
[Added 12-12-1988 by Ord.
No. 1988-15]
It shall be unlawful for any residential or commercial property owner
to permit open or overflowing waste disposal bins on his or her property.
[Added 12-12-1988 by Ord.
No. 1988-15]
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.
[Added 12-12-1988 by Ord.
No. 1988-15]
Each violation of the provisions of this chapter shall be deemed a separate
violation whether it shall occur on the same day or on succeeding days.
[Amended 12-12-1988 by Ord.
No. 1988-15]
The Township Clean Communities Coordinator or his designee is hereby
authorized to remove litter from properties and enforce the provisions of
this chapter of the Code, subject to and in accordance with the supervision
and direction of the Township Manager. Should it be necessary to have litter
removed from private property by Township employees, the property owner shall
be responsible for the cost of cleanup by the Township employees at the prevailing
rate paid by the Township, and a lien may be placed upon that property to
ensure collection thereof.
[Added 12-12-1988 by Ord.
No. 1988-15; 6-22-1992 by Ord.
No. 1992-5]
Pursuant to N.J.S.A. 13:1E-99.3, any person, firm or corporation violating
any provisions of this chapter shall be liable in the Municipal Court for
a fine not to exceed $1,000 or community service for a term of not less than
20 hours nor more than 40 hours for a first offense or not less than 40 hours
nor more than 80 hours for a subsequent offense within one year of conviction.