[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Pemberton 5-2-1986 by Ord. No. 16-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 107.
Public nuisances — See Ch. 134.
Property maintenance — See Ch. 145.
Recycling — See Ch. 147.
Sanitation — See Ch. 210.
[Amended 10-6-2005 by Ord. No. 18-2005]
For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used 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.
GARBAGE
Includes putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Any used or unconsumed substance or waste materials 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.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
REFUSE
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.
RUBBISH
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 10-6-2005 by Ord. No. 18-2005]
A. 
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.
B. 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this chapter, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this chapter.
C. 
A person shall not throw, dump, deposit or cause to be thrown, dumped or deposited litter on property owned by another person without the permission of the owner or occupant of such property, or on any public highway, street or road, upon public parks or recreation areas, or upon any other public property, except that property designated for that use.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the township, the accumulation of litter from any building or lot or any other public or private sidewalk or driveways. Persons owning or occupying places of business within the township shall keep the sidewalk in front of their business premises free of litter.
If an object of litter is discovered on another's property without his permission, on any public highway, street or road, upon public parks or recreation areas or upon any other public property except that property designated for that use, bearing a person's name, it shall be prima facie evidence that the person whose name appears on the object, through dumping, deposited or caused it to be thrown, dumped or deposited there.
If the throwing, dumping or depositing of litter was done from a motor vehicle, except a motor bus, it shall be prima facie evidence that the throwing, dumping or depositing was done by the driver of the motor vehicle.
A. 
Any person whether or not such person is a resident of the Township of Pemberton, who shall witness the throwing, dumping or depositing of litter from a motor vehicle onto any public highway, street or road onto another's property without the owner's permission, onto public park or public recreation lands or onto any other public property, except such as is designated for the throwing, dumping or depositing of litter, may report the date and time of day of the littering and the license plate registration number and state of registration to any state or local law enforcement authority.
B. 
The license plate registration number as recorded shall constitute prima facie evidence that the littering was done by the person to whom such motor vehicle is registered.
C. 
Any person so reporting a violation shall be required to appear as witness in any prosecutions resulting therefrom.
[Amended 10-6-2005 by Ord. No. 18-2005]
A. 
Enforcement. This chapter shall be enforced by the Police Department and Code Enforcement Officer of Pemberton Township.
B. 
Prosecution for a violation of §§ 126-2 through 126-6 may be initiated by any peace officer or agent of the Township of Pemberton who witnessed an offense in violation of such sections or who discovered an article bearing a person's name on the property of another, or any public highway, street or road, upon a public park or recreation area or upon any other public property except that designated for that use, or by any private citizen who witnessed an offense or discovered incriminating evidence, who is willing to make the initial charge and testify for the township, by having a summons issued by the Township Court Clerk.
A. 
Notice to remove. The Township Code Enforcement Officer is hereby authorized and empowered to notify the owner of any open or vacant property within the township, or the agent of such owner, to properly dispose of litter located on such owner's property which is dangerous to, threatens or is otherwise a nuisance to the public health, safety or welfare. Such notice shall be by regular and certified mail addressed to said owner at his address as shown on the township tax records.
B. 
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to or which threatens or serves as a nuisance to the public health, safety or welfare, within 10 days after receipt of written notice provided for in Subsection A above, or within 15 days after the date of such notice in the event the same is returned to the post office because of its inability to make delivery thereof, provided that the same was properly addressed to the address of such owner or agent as set forth on the township's tax records, the Code Enforcement Officer is hereby authorized and empowered to arrange for the disposal of such litter or to order its disposal by the township.
C. 
Charge included in tax bill. When the township has effected the removal of such litter which is dangerous to or threatens or constitutes a nuisance to the public health, safety or welfare, or has paid for its removal, the actual costs thereof, plus all costs attendant thereto, plus accrued interest at the lawful rate from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the township, and said charge shall be due and payable by said owner at the time of payment of such bill.
D. 
Imposition of lien. Where the full amount due the township is not paid by such owner within 15 days after the disposal of such litter, as provided for in Subsections A and B above, then the Code Enforcement Officer shall cause to be recorded in the Tax Collector's office of the Township of Pemberton a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall result in the request by the Tax Collector to the Township Council that it adopt a resolution that the amount constitutes a lien upon the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall constitute a personal debt of the owner to the Township of Pemberton, which personal debt may be enforced via any collection litigation instituted by the township. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
[Added 6-2-1988 by Ord. No. 17-1988]
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 area; 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 such that adequate containerization is available. "Litter receptacle" means a container suitable for the depositing of litter.
[Amended 10-6-2005 by Ord. No. 18-2005]
A. 
Any person found to be in violation of this chapter shall be issued a written warning for a first offense. Second and subsequent offenses shall be subject to the penalties provided for in the general penalty provisions of the Pemberton Township Code.
B. 
A person who violates any provision of this chapter shall be subject, upon condition thereof, to a fine of not more than $1,000. Each violation is considered a separate offense and punishable as such.
C. 
The Judge, in his discretion, may allow the person convicted of a violation of this chapter to remove the litter the person threw, dumped, deposited, or caused to be thrown, dumped or deposited, from the said property in lieu of the penalty as provided in this section.