[Amended 10-11-2005 by Ord. No. 2005-14]
For purposes of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or other
vessel, such as to prevent the yard waste from spilling or blowing out into
the street and coming into contact with stormwater.
GARBAGE
Putrescible animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food or any such related activity.
LITTER
Garbage, refuse, rubbish or debris as defined herein and all other
unconsumed substances or waste materials which have been discarded, whether
made of aluminum, glass, plastic, rubber, paper or other natural or synthetic
material, or any combination thereof.
PERSON
Any individual, corporation, company, partnership, firm, association,
or political subdivision of this state subject to municipal jurisdiction.
PRIVATE PREMISES
Any dwelling house, building or other structure designed or used
wholly or in part for private residential purposes, whether inhabited or temporarily
or continuously uninhabited or vacant, and shall include any yard, ground,
public or private walks, driveway, porch, steps of vestibule belonging 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, playgrounds
and library facilities.
PUBLIC STRUCTURE OR BUILDING
Any structure or building owned or operated by the federal, county
or state government or any governmental agency.
REFUSE
All putrescible solid waste, including human body waste, garbage,
rubbish, ashes, street cleanings, dead animals, abandoned motor vehicles,
dismantled motor vehicles and parts thereof, scrap metal, junk, machinery
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, glass, bedding,
crockery, bottles, packing materials, building materials and other similar
materials.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive, or
other way, which is an existing state, county, or municipal roadway, and includes
the land between the street lines, whether improved or unimproved, and may
comprise pavement, shoulders, gutters, curbs, sidewalks, parkway areas, and
other areas within the street lines.
[Amended 10-11-2005 by Ord. No. 2005-14]
A. No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Borough, except in public receptacles
or in authorized private receptacles or in authorized private receptacles
normally used for the purpose of depositing such matter or material.
B. Except as otherwise provided in this chapter, no person shall
sweep, rake or blow 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, unless the litter is containerized.
Person owning or occupying property shall keep the sidewalk, entrance walks,
parking lots and parking areas in front of or upon their premises free of
litter. If litter that is not containerized is placed in the street, the person
responsible for placement of the litter shall remove the litter from the street
or said person shall be deemed in violation of this chapter.
[Amended 9-27-1976 by Ord. No. 76-7; 10-11-2005
by Ord. No. 2005-14]
Persons placing litter in public receptacles or in authorized private
receptacles shall do so in such a manner and in such containers as will prevent
it from being carried or deposited by the elements or by animals upon any
street, sidewalk or other public place or upon private property. The placing
of litter in excess of three pounds at any one time in public or private receptacles
is prohibited.
[Amended 10-11-2005 by Ord. No. 2005-14]
No person shall throw or deposit litter in any lake, pond, pool, river,
stream or fountain or any other body of water in a public or private place
within the Borough.
[Amended 10-11-2005 by Ord. No. 2005-14]
A. No person, while a driver or passenger in a vehicle or
boat, shall throw or deposit litter upon any street or other public place
or private place within the Borough.
B. No person shall drive or move any truck, motor vehicle
or other vehicle within the Borough unless such vehicle is so constructed
or loaded as to prevent any load or contents or litter from being blown or
deposited upon any street, alley or other public or private place. Further,
no person shall drive or move any truck, motor vehicle or other vehicle within
the Borough, the wheel or tires or any portion of which carry onto or deposit
in any street, alley or other public or private place mud, dirt, sticky substances
or foreign matter of any kind.
C. No person in any aircraft shall throw out, drop or deposit
within the Borough any litter, handbill or other object.
[Amended 10-11-2005 by Ord. No. 2005-14]
Sweeping, raking, blowing or otherwise placing yard waste that is not
containerized at the curb or along the street is only allowed during the seven
days prior to a scheduled and announced collection, and shall not be placed
closer than 10 feet from any storm drain inlet. Placement of such yard waste
at the curb or along the street at any other time or in any other manner is
a violation of this chapter. If such placement of yard waste occurs, the party
responsible for placement of the yard waste must remove the yard waste from
the street or said party shall be deemed in violation of this chapter.
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 and who
does accept it.
[Amended 9-27-1976 by Ord. No. 76-7]
A. No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon any private premises which are continuously
uninhabited or vacant.
B. The owners of all vacant land or premises shall at all
times keep same free of litter.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill upon any private premises if required by anyone thereon not to do
so or if there is placed on such premises in a conspicuous position near the
entrance thereof a sign bearing the words "No trespassing," "No peddlers or
agents," "No advertisement" or any similar notice indicating in any manner
that the occupants or owners of such premises do not desire to be molested
or have their right of privacy disturbed or to have any such handbills left
upon such premises.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill in or upon private premises which are inhabited except by handing
or transmitting any such handbill directly to the owner or occupants or other
person then present in or upon such premises, provided that in the case of
inhabited private premises which is not posted, as provided in this Article,
such persons, unless requested by anyone upon such premises not to do so,
shall have the authority to place or deposit any such handbill in or upon
such inhabited private premises if such handbill is so placed or deposited
in a manner to secure and to prevent such handbill from being blown or drifted
about such premises or sidewalks, streets or other public places and except
that mailboxes may not be used when so prohibited by federal postal law or
regulations. The provisions of this section shall not apply to the distribution
of United States mail nor to the deposit or delivery of newspapers.
[Amended 12-27-1990 by Ord. No. 90-14]
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, shade tree or upon any public or private structure or building
except as may be authorized by the owners or occupants thereof or as authorized
or required by law, and no person shall attach anything by chain or otherwise
to any public utility pole, tree or structure within the public right-of-way.
[Added 10-11-2005 by Ord. No. 2005-14]
The provisions of this chapter shall be enforced by the Zoning Officer
or his designee and the Police Department.
[Added 10-11-2005 by Ord. No. 2005-14]
Any person(s) who is found to be in violation of the provisions of this
chapter shall be subject to a fine not to exceed the fine set forth at §
1-15
of this Code of the Borough of New Providence.