[HISTORY: Adopted by the Mayor and Council
of the Borough of Oaklyn 8-11-1964 by Ord. No. 4-64. Amendments noted
where applicable.]
GENERAL REFERENCES
Brush, weeds and trees — See Ch. 58.
Unfit buildings — See Ch. 62.
Dumping — See Ch. 71.
Fire prevention — See Ch. 75.
Housing standards — See Ch. 83.
Refuse and pollution in parks and recreation areas — See Ch. 95B.
Peddling and soliciting — See Ch. 98.
Property maintenance — See Ch. 101.
Trash and refuse — See Ch. 119.
Storage of vehicles — See Ch. 122.
As used in this chapter, the following definitions
shall apply:
The Borough of Oaklyn, in the County of Camden.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
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,
newspaper, 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, saw milling, farming or manufacturing.
[Amended 6-6-1988 by Ord. No. 8-88]
A container suitable for the depositing of litter.
[Added 6-6-1988 by Ord. No. 8-88]
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
Any and all streets, sidewalks, boulevards, municipal or
private parking lots, alleys or other public ways and any and all
public parks, squares, spaces, grounds, buildings and recreation areas.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and solid market and industrial wastes.
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.
[Amended 6-6-1988 by Ord. No. 8-88; 3-13-1990 by Ord. No. 1-90]
It shall be unlawful for any person to throw,
drop, discard or otherwise place litter of any nature upon any public
or private property, other than in a litter receptacle. It shall be
unlawful for any litter receptacle to be placed or remain in or about
any public or private property prior to 9:00 a.m. of the day preceding
trash pickup. It shall be unlawful for any litter receptacle to be
placed or remain in or about any public or private property after
9:00 a.m. the day following trash pickup.
A.
Persons placing litter in public receptacles or in
private receptacles shall do so in such a manner as to prevent it
from being carried or deposited by the elements upon any public place.
B.
Use of litter receptacles. Litter receptacles and
their servicing are required at the following public places which
exist in the municipality, including 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 station 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 so that adequate containerization is available.
[Added 6-6-1988 by Ord. No. 8-88]
[Amended 6-6-1988 by Ord. No. 8-88]
The owner, lessee, tenant, occupant or person
in charge of any structure shall keep the sidewalk and curb abutting
the building or structure free from obstruction or nuisances of every
kind, and shall keep sidewalks, areaways, backyards, courts and alleys
free from litter and other offensive material. No person shall sweep
into or deposit in any gutter, street, catch basin or other public
place any accumulation of litter from any public or private sidewalk
or driveway. Every person who owns or occupies property shall keep
the sidewalk in front of his or her premises free of litter. All sweeping
shall be collected and properly containerized for disposal.
No person while a driver or passenger in a vehicle
shall throw or deposit litter upon any public place within the Borough.
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 or contents of litter from being blown
or deposited upon any public place.
[Added 9-13-1977 by Ord. No. 13-77]
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
[Added 9-13-1977 by Ord. No. 13-77]
No person shall throw, deposit or distribute
any commercial or noncommercial handbill upon any private premises
if requested by anyone thereon not to do so or if there is placed
on said premises in a conspicuous position near the entrance thereof
a sign bearing the words "No Peddlers or Agents," "No Advertisements"
or any similar notice indicating in any manner that the occupants
of said premises do not desire to be molested or have their right
of privacy disturbed or to have any such handbills left upon such
premises.
[Added 9-13-1977 by Ord. No. 13-77]
No person shall throw, deposit or store litter
on any occupied private property within the Borough, 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 and removal of same in such manner that same shall not
be unsightly and detrimental to the surrounding neighborhood.
[Added 9-13-1977 by Ord. No. 13-77]
A.
The owner or person in control of any private property
shall at all times maintain the premises free of litter.
B.
Illegal dumping. 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 or appliances on 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.
[Added 6-6-1988 by Ord. No. 8-88]
C.
Storage of household solid waste. It shall be unlawful
for any residential property owner to store or permit storage of any
bulky household waste, including household appliances, furniture and
mattresses, in areas zoned residential, except in a fully enclosed
structure or during days designated for the collection of bulky items.
[Added 6-6-1988 by Ord. No. 8-88]
D.
Storage of tires. It shall be unlawful for any residential
property owner to store or permit the storage of any bulky household
waste, including household appliances, furniture and mattresses, in
areas zoned residential, except in a fully enclosed structure or on
days designated for the collection of tires.
[Added 6-6-1988 by Ord. No. 8-88]
E.
Storage of vehicles. It shall be unlawful for any
residential and/or commercial property owner to park or permit the
parking of any vehicle on his or her lawn.
[Added 6-6-1988 by Ord. No. 8-88; amended 3-13-1990 by Ord. No. 1-90]
F.
Inoperable vehicles. It shall be unlawful for any
person to keep or permit the keeping on streets, vacant lots, lawns
and driveways, except in a fully enclosed structure, any inoperable
motor vehicle, trailer or semitrailer which is missing tires, wheels,
engine or any essential parts; or which displays extensive body damage
or deterioration; or which does not display a current, valid state
license; or which is wrecked, disassembled or partially disassembled.
[Added 6-6-1988 by Ord. No. 8-88; amended 3-13-1990 by Ord. No. 1-90; 5-11-2021 by Ord. No. 07-21]
G.
Uncovered vehicles. It shall be unlawful for any vehicle
to be driven, moved, stopped or parked on any highway, unless such
a vehicle is constructed or loaded to prevent any of its load from
dropping, shifting, leaking or otherwise escaping therefrom. Any person
operating a vehicle from which any glass or objects have fallen or
escaped, which could cause an obstruction, damage a vehicle or otherwise
endanger travelers or public property, shall immediately cause the
public property to be cleaned of all glass or objects and shall pay
the costs therefor.
[Added 6-6-1988 by Ord. No. 8-88]
H.
Construction sites. It shall be unlawful for any owner,
agent or contractor in charge of a construction or 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 a frequency
as to prevent spillage of refuse.
[Added 6-6-1988 by Ord. No. 8-88]
I.
Open or overflowing waste disposal bins. It shall
be unlawful for any residential or commercial property owner to permit
open or overflowing waste disposal bins on his or her property. [1]
[Added 6-6-1988 by Ord. No. 8-88]
[1]
Editor's Note: Former Subsection J, dealing
with fines and penalties, as added 5-9-1989 by Ord. No. 6-89, which
immediately followed this subsection, was repealed 5-10-1994 by Ord.
No. 6-94.
[Added 9-13-1977 by Ord. No. 13-77]
No person shall throw or deposit litter on any
open or vacant private property within the Borough, whether owned
by such person or not.
[Added 9-13-1977 by Ord. No. 13-77]
Owners of vacant lots must keep such lots free
of rubbish. If the owner of a vacant lot shall fail or neglect to
comply with this provision, then the Borough of Oaklyn, its agents
or servants, under the direction of the Public Works Director, may
enter upon said premises in order to remove such rubbish, and the
costs paid and incurred for removing the same shall be certified by
said Public Works Director to the Council, which shall examine such
certification and, if found correct, shall cause the cost as shown
in said certification to be charged against said lands, and the amount
so charged shall forthwith become a lien upon said lands and be added
to and become and form part of the taxes next to be assessed and levied
upon such lands, the same to bear interest at the same rate as other
taxes, and shall be collected and enforced according to law and remain
a lien until paid.
[Added 9-13-1977 by Ord. No. 13-77; amended 7-10-2012 by Ord. No. 9-12]
A.
No person
shall throw or deposit any commercial or noncommercial handbill in
or upon any private grounds, except on the porch or steps of the private
or commercial premises. Any commercial or noncommercial handbill not
thrown or deposited on the porch or steps of the private or commercial
premises shall constitute a violation of this chapter.
B.
No person
shall throw or deposit more than one commercial or noncommercial handbill
in or upon any private grounds, except on the porch or steps of the
private or commercial premises, within a twenty-four-hour period.
Each commercial or noncommercial handbill thrown or deposited in or
upon any private grounds, except on the porch or steps of the private
or commercial premises, in excess of one handbill within a twenty-four-hour
period, shall constitute a violation of this chapter, with each commercial
or noncommercial handbill thrown or deposited in excess of one handbill
within a twenty-four-hour period constituting a separate and distinct
offense.
[Added 9-13-1977 by Ord. No. 13-77; amended 5-10-1994 by Ord. No. 6-94; 7-10-2012 by Ord. No.
9-12]
A.
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction thereof, be liable to the fines and penalties as set forth in § 1-14 of the Code of the Borough of Oaklyn.
B.
The continuation
of such violation for each successive day shall constitute a separate
offense, and the person, firm or corporation allowing a continuation
of the violation may be punished, as provided above, for each as a
separate offense.
[Added 12-27-1990 by Ord. No. 16-90]
No garbage, litter, refuse, rubbish or trash,
whether of a commercial, industrial or residential nature or origin,
etc., shall be picked up or otherwise removed from any location within
the Borough of Oaklyn by anyone before 7:00 a.m.
[Added 12-27-1990 by Ord. No. 15-90; amended 9-10-2002 by Ord. No. 11-2002; 12-11-2012 by Ord. No. 21-12]
A.
No trash
dumpster, roll-off container, or other trash receptacle of any type
used in the removal of garbage, litter, refuse, rubbish, debris or
trash of any type may be placed or maintained by any private party
in or on any Borough property, street or right-of-way, except in compliance
with the provisions of this chapter. Furthermore, no trash dumpster,
roll-off container, or similar container for trash or debris of any
type may be placed or maintained on any private property within the
Borough except in compliance with the provisions of this chapter or
in a manner and location as set forth on a duly approved site plan.
B.
No trash
dumpster, roll-off container, or other trash receptacle of the type
typically used in the removal of garbage, litter, refuse, rubbish,
debris or trash of any type may be placed in or upon any street, curbline
or sidewalk in the Borough, unless a permit is issued by the Chief
of the Oaklyn Police Department, or his designee, to the owner and/or
occupier of said property authorizing the placement of such a dumpster
or other trash receptacle in a specified area of a street, curbline
or sidewalk within the Borough.
[Added 2-12-1991 by Ord. No. 1-91]
A.
Poles; trees; shrubs; sidewalk or curb area.
(1)
It shall be unlawful for any person or persons to
place, attach or post any sign, poster, advertisement, card, handbill,
paper or lights or any notice upon any poles, trees or shrubs standing
in any street or sidewalk or in the area between the sidewalk and
curb thereof in the Borough of Oaklyn. Signs shall include but shall
not be limited to signs advertising the sale or rental of real estate
and political advertisements.
(2)
Removal. The Borough of Oaklyn shall have the right
to arrange for the removal of all signs or notices which are in violation
of this section of the chapter and are on public property or in the
areas between the curb and sidewalk of any streets within the Borough.
B.
Restrictions on private property. It shall be unlawful
for any person or persons to place, attach or post any sign, poster,
advertisement, card, handbill, paper or lights or any other notice
on residential (R-1 and R-2) property except for those signs, posters,
advertisements, cards, handbills, papers or lights which advertise
or give notice of a sale, rental or other activity occurring on the
specific property or at the specific location upon which said activities
are or will be taking place.
(1)
Political advertising signs. The display of political
advertising signs on private property is specifically excluded from
this provision of this subsection of this section.
(2)
Open house advertisements. The display of open house signs is specifically excluded from Subsections A and B of this section; however, said signs are only to be displayed three hours before the commencement of the open house and must be removed no later than two hours following the conclusion of said open house.
[Added 12-13-2022 by Ord. No. 20-22]
It shall be unlawful for any person, firm, corporation or organization
to intentionally release, organize the release of, or intentionally
cause to be released balloons inflated with a gas that is lighter
than air within the Borough of Oaklyn except:
A.
Balloons
released for a specific scientific or meteorological purpose by a
governmental agency, pursuant to a governmental contract or by a recognized
educational institution;
B.
Balloons
which are tethered and retrieved by the releaser;
C.
Hot-air
balloons which are designed to be and which are recovered;
D.
Balloons
which are released indoors and which are not subject to release into
the atmosphere.
