[HISTORY: Adopted by the Mayor and Council of the Borough of Paulsboro 12-3-2002 by Ord. No. 25.02.]
Advertisements and printed matter — See Ch. 2.
Garbage and rubbish — See Ch. 38.
Lot maintenance — See Ch. 42.
Nuisances — See Ch. 44.
Editor's Note: This ordinance also repealed former Ch. 40B, Littering, adopted 5-17-1988 by Ord. No. 0.2.88.
This chapter shall be known and may be cited as the "Anti-Litter Ordinance" of the Borough of Paulsboro.
Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings indicated:
- The Borough of Paulsboro, New Jersey.
- Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food or any such related activity.
- 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, newspapers, 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, sawmilling, farming or manufacturing.[Amended 11-14-2005 by Ord. No. 17.05]
- LITTER RECEPTACLE
- A container suitable for the depositing of litter.[Added 11-14-2005 by Ord. No. 17.05]
- Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.[Amended 11-14-2005 by Ord. No. 17.05]
- PRIVATE PREMISES
- Any dwelling house, building or other structure designed or used either 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 or vestibule belonging or pertinent 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 other governmental agency.
- All putrescible solid waste, including human body waste, garbage, rubbish, ashes, street cleanings, dead animals, abandoned motor vehicles, dismantled motor vehicles and parts thereof, tires, scrap metal, junk, machinery and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper wrappings, cigarettes, cardboard, tin cans, glass, bedding, crockery, bottles, packing materials, buildings materials and all other similar materials.
Word usage. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
[Amended 11-14-2005 by Ord. No. 17.05]
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
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.
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any public structure or building or private or commercial premises to keep and cause to be kept the sidewalk and curb abutting the building or structure free from litter, obstruction, or nuisances of every kind, and to 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 sweepings shall be collected and properly containerized for disposal.
[Amended 11-14-2005 by Ord. No. 17.05]
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this ordinance, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this ordinance.
No persons 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 wheels 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.
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.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof of a noncommercial handbill to any occupant of a vehicle who is willing to accept it and who does accept it.
No persons shall throw, deposit or distribute any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
No persons 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 the 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 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.
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, however, that in case of inhabited private premises which are not posted as provided in this chapter, such person, 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 be 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 newspaper which has been subscribed for in advance by the owner or occupant or for which said deposit, distribution or delivery to which the owner or occupant has previously consented in writing.
No person in any aircraft shall throw out, drop or deposit within the Borough any litter, handbill or other object.
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.
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 the private property may maintain authorized private receptacles for collection and removal of litter in such manner that the litter shall not be unsightly and detrimental to the surrounding neighborhood or be a danger to public health, safety and welfare.
The owner, occupant or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property within the Borough, whether owned by such person or not.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of $100 for the first offense, $200 for the second offense within six months after the first offense, and not exceeding $1,000 or imprisonment of no more than 30 days in the county jail for a third or subsequent offense within six months of the last offense. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[Added 11-14-2005 by Ord. No. 17.05]
The provisions of this chapter shall be enforced by the Police Department and/or the Code Enforcement Officer of the Borough of Paulsboro.
[Added 11-14-2005 by Ord. No. 17.05]
Each section, subsection, sentence, clause and phrase of this ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this ordinance to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this ordinance.