[HISTORY: Adopted by the Mayor and Council
of the Borough of Highland Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted by Ord. No. 955 (§§ 3-1.1 to 3-1.15
and 3-1.17 to 3-1.22 of the 1987 Code)]
A.
Prohibiting litter and other unsightly and unhealthy
materials from being placed or strewn on the streets, sidewalks and
other areas of the Borough used by the public, will enhance and promote
the Borough and help to maintain the Borough as a desirable place
to live and work.[1]
B.
The enforcement of appropriate anti-litter measures
will promote the public health and safety of the Borough residents
and others who work in or visit the Borough.
This article shall be known and cited as "The
Highland Park Anti-Litter Ordinance."
As used in this article, the following terms
shall have the meaning indicated:
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 advertises any service, merchandise, product,
commodity or thing for sale;
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;
Which 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 gain or profit.
The terms of this clause shall not apply where an admission fee is
charged or 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,
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 a law of this state or the Code
of this Borough; or
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 advertiser
or distributor.
Putrescible animal and vegetable waste resulting from either
the handling, preparation, cooking or consumption of food.
Include both commercial handbills and noncommercial handbills,
as such terms are defined in this article.
Garbage, refuse and rubbish as such are defined herein and
all other waste materials, including but not limited to dirt and/or
construction debris from a noncontiguous site which, if thrown or
deposited as herein prohibited, tend to create a danger to public
health, safety and welfare.
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 recycling office as
provided by federal 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.
Any printed or written mailer, 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.
A park, reservation, playground, beach, recreation center
or any other public areas in the Borough, owned or used by any public
agency and devoted to recreation purposes.
Any dwelling house, building or other structure designed
or used either wholly or in part for residential purposes, whether
inhabited or vacant, and shall include any yard, grounds, walks, driveway,
porch, steps, vestibules or mailbox belonging to or appurtenant to
such dwelling house, or building or other structure.
Include all streets, sidewalks, backyards, alleys or other
public walkways and all public parks, squares, spaces, docks, grounds
and buildings.
All putrescible and nonputrescible solid wastes, except body
wastes, including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned vehicles and boats, discarded vehicle parts, solid
market and industrial waste, specifically including abandoned furniture,
household equipment, scrap building materials and other such similar
items.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes such as papers, scrappings, cigarettes,
cigars and tobacco, waste cardboard, tin cans, yard, garden or lawn
clippings, leaves, wood, glass, bedding, crockery, rags, plastics,
rubber, metal and similar materials.
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 sweep, throw, deposit or dump
litter in or upon any street, sidewalk or other public place, except
in public receptacles or in private receptacles for collection in
official Borough disposal areas.
[Added by Ord. No. 1205]
Litter receptacles and their servicing are required
at the following public places which exist in the municipality. 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, government buildings, and railroad and bus stations; parks;
drive-in restaurants; all street vendor locations; self-service refreshment
areas; construction sites; gasoline service stations islands; shopping
centers; parking lots; campgrounds and trailer parks; 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.
A.
Litter shall be placed in private receptacles in such
manner as to prevent it from being scattered, carried or deposited
by the elements upon any street, sidewalk or other public or private
premises.
B.
Litter, other than garbage, shall be placed in public
receptacles or in private receptacles.
C.
Branches, clippings, shrubs, and the like in excess
of 15 inches in length but not greater than five feet in length, and
not in excess of 50 pounds in weight, may be placed at the curb for
pick up if securely tied in bundles so as to prevent their being scattered,
carried or deposited by the elements upon any street, sidewalk or
other public or private place or premises.
No person shall sweep into or deposit in any
gutter, street or other public place the accumulation of litter from
any building or lot or from any public or private sidewalks or driveway.
Every person who owns or occupies property shall keep the sidewalk
and gutter within two feet of the curb free of litter in front of
his premises.
No person who owns or occupies a place of business
shall sweep into or deposit in any gutter, street or other public
place the litter from any building or lot or from any public or private
sidewalk or driveway. Every person who owns or occupies a place of
business shall keep the sidewalk and public street in front of his
business premises free of litter.
No person shall throw or deposit litter from
a vehicle upon any street or other public place or upon any private
premises or vacant land.
No person shall drive or move any truck or other
commercial vehicle unless the vehicle is so constructed or loaded
as to prevent litter from being blown or deposited upon any street,
alley or other public place or private premises. No person shall drive
or move any vehicle or truck if the wheels or tires carry onto, deposit
in any street, alley or other public place, mud, dirt, sticky substances
or foreign matter of any kind from any other place other than the
traveled portion of a public street or alley.
No person shall throw or deposit litter in any
park except in public receptacles and in such manner as to prevent
such litter 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 litter shall be carried from the
park by the person responsible for its presence, and shall be properly
disposed of elsewhere.
No person shall throw or deposit litter in any
river, fountain, lake, pond, stream, bay or any other body of water.
A.
No person shall throw or deposit any handbill in or
upon any sidewalk, street or other public place.
B.
No person shall hand out or distribute or sell handbills
in any public place; provided, however, that it shall not be deemed
unlawful for any person to hand out or distribute, without charge
to the receiver thereof, in any sidewalk, street or other public places,
any handbill to any person who is willing to accept it.
No person shall throw or deposit any handbill
in or upon any vehicle; provided, however, that it shall not be unlawful
for a person to hand out or distribute without charge to the receiver
thereof, in any public place, a handbill to any occupant of a vehicle
who is willing to accept it.
No person shall throw or deposit any handbill
in or upon any private premises which are temporarily or continuously
uninhabited or vacant.
No person shall throw, deposit or distribute
any handbill in or upon any private premises:
A.
If requested
by anyone in or upon the premises not to do so; or
B.
If there
is posted on the premises in a conspicuous position near the entrance
thereof a sign bearing the words "No Handbills," "No Trespassing,"
"No Peddlers or Agents," "No Advertisement," or similar notice indicating
that the occupants of the premises do not desire to be molested or
have their right to privacy disturbed or to have any such handbills
left upon such premises.
No person shall post or affix any notice, poster,
or other paper or device, calculated to attract the attention of the
public to any public lamp post, public utility pole, shade tree or
upon any public or private structure or building, or upon any official
traffic control devices, except as may be authorized or required by
law.
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 shall maintain
private receptacles for collection in such a manner that litter will
not be carried or deposited by the elements upon any other public
place or upon 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 be considered to prohibit the storage of litter
in private receptacles for collection.
No person shall throw or deposit litter in any
open or vacant private property whether owned by such person or not.
A.
Notice to remove. All members of the Police Department,
the Health Inspector for the Borough and any other person authorized
by resolution of the governing body are authorized and empowered to
notify the owner of any private premises or vacant land, or the tenant
or agent of such owner to dispose properly of litter located on such
owner's property which is dangerous to public health, safety or welfare.
Notice shall be by registered or certified mail, return receipt requested,
addressed to said property owner or his agent or tenant at his last
known address, or served personally upon the owner, tenant or agent.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of the litter within 10 days after receipt of a written notice specified in Subsection A of this section, or within 10 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 the notice was properly addressed to the last known address of the owner, tenant or agent, the Health Inspector or his duly designated agent is authorized and empowered to pay for disposing of such litter or to order its disposal by the Borough.
C.
When the Borough has effected the removal of dangerous
litter or has paid for its removal, the actual cost thereof 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 charge shall be due and payable by the owner at the
time set for payment of the tax bill.
D.
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 Health Inspector shall certify the cost thereof to the Borough Council which shall examine the certificate and if found to be correct shall cause the cost as shown thereon to be charged against the land. The amount so charged shall constitute a lien against the property and shall remain in full force and effect for the amount due in payment of removal and interest and costs of court, if any, for collection until final payment is made. The costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquency penalty at the same rate as in the case of taxes. The certification of the Health Inspector in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that all work has been done properly and satisfactorily 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.
A.
Any person who violates any provisions of this article
shall, upon conviction thereof, be punished by a fine of at least
$25 but not more than $500 or by imprisonment for a term not to exceed
90 days, or both. A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
B.
All members of the Police Department, the Health Inspector
and the Superintendent of Public Works are authorized and empowered
to issue warnings and summons for violations of this article.
C.
The principal purpose of this article is to secure
compliance with the term of the section and thus improve conditions
of cleanliness and order within the Borough. Accordingly, for a first
violation of this article a summons shall be issued as a warning in
lieu of a summons for the purpose of requiring appearance in court
and prosecution for the violation alleged; any summons issued as a
warning for a first offense shall be marked "Warning Only —
First Offense — No Court Appearance Required." A record shall
be made of each summons issued for violations of this article whether
the same are issued for purposes of prosecution or as a warning for
first offense.
[Adopted 5-1-2007 by Ord. No. 07-1724]
It shall be unlawful for any person to deliver
or deposit or for any person, firm or corporation to cause the delivery
or deposit of any unsolicited newspapers, shoppers and other like
printed matter to or upon any private premises within the Borough
of Highland Park, except in accordance with the terms hereof. For
the purposes of this article, "unsolicited" shall mean the unsolicited
newspapers, shoppers and other like printed matter which has not been
ordered, subscribed to or requested by the recipient.
Such unsolicited newspapers, shoppers and other
like printed matter shall be placed on the ground or floor at the
place where the premises receives its mail or within a three-foot
radius of that point. The unsolicited newspapers, shoppers and other
like printed matter shall clearly state the name and address of the
contact person to whom a written notice by certified mail, return
receipt requested, may be sent requesting that such delivery of the
unsolicited newspapers, shoppers and other like printed matter be
ceased or canceled.
There shall be no intentional delivery of any such unsolicited printed matter to premises after the owner or tenant of such premises has notified the contact person referred to in § 253-24 hereof, by certified mail, return receipt requested, at the address so indicated, that such delivery shall cease or be suspended for a stated period of time. For the purposes of condominiums or other common properties, notification must come from the individual unit owner or tenant.
