The purpose of this article is to establish
requirements to control littering in the Borough of Essex Fells, 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 article 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.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
This article shall be enforced by the Police
Department of Essex Fells.
[Amended 11-17-2009 by Ord. No. 2009-878]
Any person, firm or corporation who violates any of the provisions of this article shall, upon conviction, be punished as provided in Chapter
1, Article
III, General Penalty, and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.