[HISTORY: Adopted by the Mayor and Council of the Borough of Old Tappan 5-26-1975 as Sec. 3-2 of the 1975 Code, as amended through Ord. No. 442-90. Subsequent amendments noted where applicable.]
Solid waste — See Ch. 209.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage or collection receptacle approved by the borough.
- Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Any refuse, garbage, rubbish, paper wrappings, cans, leaves, wood, glass or any substance and material which might affect the health and welfare of the public or render the streets or public places unsightly.
- A park, playground, recreation center or any other public area owned or used by the borough or local authorized governmental agencies and devoted to active or passive recreation.
- PRIVATE PREMISES
- Any dwelling, house, building or other structure designated or used either wholly or in part for private residential purposes, whether inhabited or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps or vestibule, belonging or appurtenant to such dwelling house, building or other structure.
- PUBLIC PLACE
- Any or all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
- All solid waste, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
- Solid waste consisting of both combustible and noncombustible wastes such as paper, wrappings, cigars, cigarettes, cardboard, tin cans, scrap metals, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway.
No person shall throw or deposit any litter in or upon any public street, sidewalk or other public place, except that litter may be deposited in public receptacles, authorized private receptacles or in official borough dump sites after acquiring a permit from the Board of Health.
No permit shall be issued unless the applicant therefor shall furnish satisfactory evidence to the Board of Health that (s)he has given five days prior written notice to the owners or other persons in actual or legal possession of all abutting premises, advising them of the date upon which the application will be made.
The Board of Health may, in its discretion, withhold the granting of the permit until all of the interested parties have been heard and may impose special conditions and regulations in connection with each application as may be necessary to preserve the public health. If, in the opinion of the Board of Health, the granting of the application is deemed to be detrimental or harmful to the public health, then the Board may deny the application, in which event no permit shall be granted.
Litter receptacles and their servicing shall be required at the following public places which exist in the borough:
Pedestrian walkways, shopping malls and shopping centers.
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.
All street vendor locations.
Self-service refreshment areas.
Gasoline service station islands.
Campgrounds and trailer parks.
Marinas, boat moorage and fueling stations and boat launching areas.
Public and private piers operated for public use.
Beaches and bathing areas.
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.
This section shall not affect nor prohibit any person from depositing refuse or garbage which may result from the actual use or occupancy of the person actually living or residing on property in the borough.
No person shall sweep into or deposit in any gutter, street or other public place the accumulation of any 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 the property free of litter. This provision shall not apply to those periods of time fixed by the borough for the collection of litter.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street, public place or upon private property.
No person shall load, drive or move any truck or other vehicle unless the vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street or other public place.
No person shall throw or deposit any litter in any fountain, stream, river, skating rink or any other body of water in a park or recreation area or elsewhere in the borough.
No person shall throw or deposit litter on any occupied or vacant private property, whether owned by such person or not, provided that the owner or person in control of the property may maintain private receptacles for the collection of litter.
The owner, agent, lessee, tenant, occupant or other person who manages or controls a building or lot shall be jointly or severally responsible for keeping the sidewalk, flagging, curbstone and the air shafts, areaways, backyards, courts, parking lots and alleys free from litter.
This chapter shall not be construed to prevent the keeping of organic matter used for the purpose of fertilizing soil and commonly known as a "compost heap," provided that the compost heap complies with the requirements and regulations of the Regional Board of Health and the Board of Health of the borough.