For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
GARBAGE
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse and 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.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys, beaches
or other public ways, and any and all public parks, squares, spaces,
docks, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleaning, 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 and
similar materials.
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 sweep, throw, deposit or dump
litter in or upon any occupied, open or vacant property, whether owned
by such person or not, or in or upon any street, sidewalk, park or
other public place or any pond, lake or stream or other body of water
within the Borough, except in public receptacles or in authorized
private receptacles for collection. 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 other public place, or upon private property.
Storing, keeping or maintaining debris from
construction on the streets and sidewalks of the Borough is prohibited,
except in permitted dumpsters.
No person, including merchants owning or occupying
a place of business, shall sweep into or deposit in any gutter, street
or other public place within the Borough 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.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street or other public
place within the Borough or upon private property.
No person shall drive or move any truck or other
vehicle within the Borough 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 Borough,
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 bring, cart, remove, transport
or collect any litter from outside the Borough or into the Borough
for the purpose of dumping or disposing thereof. No truck or other
vehicle containing litter which has been transported into the Borough
shall be parked or allowed to remain standing on any street in the
Borough or on any public property for a period in excess of two hours.
No person shall cast or place or cause to be
cast or placed any advertisement, handbill, circular or paper on any
public street, on sidewalks, into any vestibules or yards, upon porches
of any dwelling house or other buildings, or on or into any vehicle
while on the public highways or on private property within the Borough,
except that this section shall not apply to newspapers and addressed
envelopes delivered to subscribers and addresses. Advertisements,
handbills, circulars and paper may be distributed in the Borough,
provided they are securely placed at each dwelling so as not to be
blown away by the wind.
Any person who supplies the Borough of Stone
Harbor with proofs sufficient to obtain a conviction for littering
under this chapter, shall, after the conviction and sentencing, be
entitled to a reward from the Borough in an amount equal to 10% of
the fine received by the Borough in connection with said conviction.
[Amended 3-7-2006 by Ord. No. 1251; 6-20-2023 by Ord. No. 1642; 7-18-2023 by Ord. No. 1648]
Any person or association of persons violating any provision of this chapter shall upon conviction thereof be subject to a fine of not less than $500 nor more than the penalties set forth in Chapter
1, Article
III, Penalty, of the Borough of Stone Harbor Code, together with the necessary costs of cleanup, if any. A violation of this section, in combination with conduct by the offender that either causes terror and/or alarm to others, incites violence, hinders or obstructs any Borough employee in performance of its duties, is unreasonably loud and/or boisterous, offends the sensibilities of the public given the time and place of the conduct, and/or otherwise has a deleterious impact on public order, shall constitute a breach of the peace.