[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.]
GENERAL REFERENCES
Solid waste — See Ch. 209.
For the purpose of this chapter, the following terms shall have the
meanings indicated:
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.
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.
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.
A.
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.
B.
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.
C.
Litter receptacles and their servicing shall be required
at the following public places which exist in the borough:
(1)
Pedestrian walkways, shopping malls and shopping centers.
(2)
Active retail commercially zoned areas, such that at
a minimum there shall be no single linear quarter mile without a receptacle.
(3)
Buildings held out for use by the public, including schools,
government buildings and railroad and bus stations.
(4)
Parks.
(5)
Drive-in restaurants.
(6)
All street vendor locations.
(7)
Self-service refreshment areas.
(8)
Construction sites.
(9)
Gasoline service station islands.
(10)
Parking lots.
(11)
Campgrounds and trailer parks.
(12)
Marinas, boat moorage and fueling stations and boat launching
areas.
(13)
Public and private piers operated for public use.
(14)
Beaches and bathing areas.
(15)
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.
D.
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.
