[HISTORY: Adopted by the Mayor and Council
of the Borough of River Edge 12-31-1975 as § 4-1 of the
1975 Code. Amendments noted where applicable.]
No person shall throw or deposit litter in or
upon any street, sidewalk or other public place within the Borough
except in public receptacles or in authorized private receptacles
for collection, or in official Borough dumps.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such a manner
as to prevent it from being carried or deposited by the elements upon
any street, sidewalk or other public place.
No person shall sweep into or deposit in any
gutter, street or other public place within the Borough the accumulation
of 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 their premises free of litter.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the Borough the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons
owning or occupying places of business within the Borough shall keep
the exterior of their business premises, including sidewalks, driveways
and parking areas, free of litter.
No person shall throw or deposit litter in any
park within the Borough in such a manner that the litter will be carried
or deposited by the elements upon any part of the park or upon any
street or other public place. Where public receptacles are not provided,
all such litter shall be carried away from the park by the person
responsible for its presence and properly disposed of elsewhere.
No persons shall throw or deposit litter in
any fountain, pond, lake, stream, river or any other body of water
in a park or elsewhere within the Borough.[1]
No person in any aircraft shall throw out, drop
or deposit within the Borough any litter, handbill or any 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 or shade tree, or upon
any public structure or building, except as may be authorized or required
by law.
No person shall throw or deposit litter on any
occupied private property within the Borough, whether owned by the
person or not, except that the owner or person in control of private
property may maintain authorized private receptacles for collection
in such a manner that litter will be prevented from being carried
or deposited by the elements upon any street, sidewalk or other public
place or upon any private property.
The owner or person in control of any private
property shall at all times maintain the premises free of litter,
provided 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.
A.
Notice to remove. The Health Executive is hereby authorized
and empowered to notify the owner of any open or vacant private property
within the Borough or the agent of the owner to properly dispose of
litter located on the owner's property which is dangerous to public
health, safety or welfare. The notice shall be by registered mail,
addressed to the owner, at his last known address.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within five days after receipt of written notice provided for in Subsection A above, or within 10 days after the date of the notice in the event that the same is returned to the Borough Post Office Department because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Health Executive is hereby authorized and empowered to pay for the disposing of the litter or to order its disposal by the Borough.
C.
Charge included in tax bill. When the Borough has
effected the removal of the dangerous litter, or has paid for its
removal, the actual cost thereof plus interest computed at the same
rate as is then charged for delinquent taxes from the date of the
completion of the work, if not paid by the owner prior thereto, shall
be charged to the owner of the property on the next regular tax bill
forwarded to the owner by the Borough, and the charge shall be due
and payable by the owner at the time of payment of the bill.
D.
Recorded statement constitutes lien. Where the full amount due the Borough is not paid by the owner within 30 days after the disposal of the litter, as provided for in Subsections A and B above, then, and in that case, the Health Executive shall cause to be recorded in the Tax Collector's office 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 the work was done. The recordation of the sworn statement shall constitute a lien and privilege on 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. The costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to the same interest and penalties as that fixed for taxes in the event that the same is not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. 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 the statement, plus interest, constitute a charge against the property designated or described in the statement and the same is due and collectible as provided by law.
[Amended 7-7-2008 by Ord. No. 1625]
This chapter shall not apply to literature distributed
in connection with a campaign for public office or a referendum for
a public question.
[Amended 3-21-1988 by Ord. No. 955; 12-16-2008 by Ord. No. 1172]
For a violation of any provision of this chapter,
the maximum penalty, upon conviction thereof, shall be a fine not
exceeding $1,000, or imprisonment for up to 90 days, or a period of
community service not exceeding 90 days, or any combination thereof.
