[HISTORY: Adopted by the Township Council of the Township of Mount Laurel as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-5-1988 by Ord. No. 1988-25]
this article may be known and may be cited as the "Mount Laurel Township Anti-Litter Ordinance."
For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is also mandatory and not merely directory.
As used in this article, the following terms shall have the meanings indicated:
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage and collection receptacle as required and authorized either by the Code of the Township of Mount Laurel or pursuant to a condition of approval under either the Municipal Land Use Law or the New Jersey Planned Unit Development Law.
- 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:
- (1) Advertises for sale any merchandise, product, commodity or thing;
- (2) Directs attention to any business or mercantile or commercial establishment, or other activity for the purpose of directly or indirectly promoting the interest thereof by sales;
- (3) Directs attention to or advertises any meeting, 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 clause 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, whether either of the same is held, given or takes place 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, provided that nothing contained in this clause 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 any law of this state or any ordinance of township; or
- (4) 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 advertising or distributor.
- Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- Garbage, refuse, and/or rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. "Litter" includes any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, rubber, paper or other natural or synthetic material or a 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 other extraction processes, logging, sawmilling, farming or manufacturing.
- 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.
- NONCOMMERCIAL HANDBILL
- Any printed or written matter, any sample, 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 definition of a commercial handbill or newspaper.
- 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.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- 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 yards, grounds, walks, driveways, porches, steps, vestibules or mailboxes belonging or pertinent to such dwelling, house, building or other structure.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings and includes the areas around privately owned commercial premises, shopping centers and maps which are generally accessible and open to the public and/or to which the public is generally invited for the purpose of conducting business.
- PUBLIC RECEPTACLE
- A litter storage and collection container which may or may not be an authorized private receptacle within the meaning of this article but which is used in connection with the collection of litter.
- All putrescible and nonputrescible solid waste (except body waste), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
- Nonputrescible solid waste consisting of both combustible waste such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, beddings, crockery and similar materials.
- The Township of Mount Laurel.
- 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.
Editor's Note: See N.J.S.A. 40:55D-1 et seq. and 45:22A-21 et seq.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the township, except in public receptacles or in authorized private receptacles for collection.
Proprietors of all places of business, owners of shopping centers, malls or any place of business qualifying as a public place in the Township of Mount Laurel are responsible for providing and servicing receptacles for litter such that at adequate containerization is available.
At a minimum, litter receptacles shall be placed and serviced at the following places which exist in the municipality:
Sidewalks used by pedestrian in active retail commercial areas or commercially zoned areas such that, at a minimum, there shall be no single linear one-fourth mile without a receptacle.
Buildings held out for use by the public, including schools, government buildings and railroad and bus stations.
All street vendor locations, if any.
Self-service refreshment areas.
Gasoline service station islands.
Campgrounds and trailer parks.
Marinas, boat moorage and fueling stations, if any.
Boat launching areas; if any.
Public and private piers operated for public use.
Beaches and bathing areas.
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 provide and service the receptacles at these events.
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 other 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.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or public place or upon private property.
No person shall sweep into or deposit in any gutter, street or other public place within the township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
Nothing contained in this section shall be construed to prohibit persons residing in Mount Laurel Township to whom municipal trash services are provided from delivering to the curb the trash which is collected by the Township of Mount Laurel on a weekly or biweekly basis.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the township shall keep the sidewalk in front of their business 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 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, nor shall any person drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.
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.
No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the township.
No person shall throw or deposit litter on any occupied private property 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.
No person shall throw or deposit litter on any open or vacant private property within the township, whether owned by such person or not.
There shall be no storage of large household items such as appliances, furniture or mattresses in any residentially zoned areas in the township or upon any residential lot, except in a fully enclosed structure.
In areas zoned for residential uses, no person may store tires used for bicycles, motorcycles, automobiles or trucks, except in a fully enclosed structure.
There is specifically prohibited the parking of any vehicles on residential lawns. This provision shall not impact the ability of individuals engaged in agriculture to continue to use their property pursuant to the zoning regulations of the Code.
There is prohibited any accumulation of debris on or around construction sites or its storage in such a manner that it is likely to be removed by natural forces onto adjacent property. It shall be unlawful for any owner, agent or contractor in charge of a construction of demolition site to permit the accumulation of litter before, during or after completion of any construction or demolition project. It shall be 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 frequency as to prevent spillage of refuse.
Every owner, lessee, tenant, occupant or person in charge of any building or structure is required to keep and/or cause to be kept the sidewalk and curb abutting said building or structure from obstruction and nuisances of every kind and to keep said sidewalks, areaways, backyards, courts and alleys free from litter and other offensive material.
[Amended 9-5-1989 by Ord. No. 1989-29]
Any person violating any of the provisions of this article shall be fined a minimum of $35 and a maximum of $100 for each violation or be subject to a period of community service not exceeding 90 days. If the violation is of a continuing nature, then any person charged with a continuing violation can be fined for each day of continued violation.
In contemplation of receiving a State of New Jersey Department of Environmental Protection Clean Communities Model Programs Grant, the township hereby appoints its Environmental Commission as the agency responsible for the implementation of the grant. The Township Manager and/or her designee is hereby appointed as the coordinator of the program.
[Adopted 6-20-2005 by Ord. No. 2005-10]
As used in this article, 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, 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.
- Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
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 a litter receptacle, or having done so, to allow such litter to remain.
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.
The provisions of this article shall be enforced by the Township of Mount Laurel as directed by the Office of the Township Manager.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $100. Each day of violation may be the basis of a separate violation.