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Borough of Rutherford, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough of Rutherford Council 4-7-1959 by Ord. No. 1769. Amendments noted where applicable.]
GENERAL REFERENCES
Clean environment — See Ch. 21.
Commercial property maintenance — See Ch. 21A.
Garbage, rubbish and refuse — See Ch. 40.
Deposit and removal of materials — See Ch. 56.
Health nuisances — See Ch. 64.
Feeding of pigeons — See Ch. 72.
Litter in playgrounds and recreation areas — See Ch. 73.
Property maintenance — See Ch. 78.
Sanitary Code — See Ch. 89.
Shopping carts — See Ch. 96.
Water pollution — See Ch. 129.
This chapter shall be known and may be cited as the "Anti-Litter Ordinance."
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle required by the borough.
BOROUGH
The Borough of Rutherford.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling preparation, cooking and consumption of food.
LITTER
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 8-28-2007 by Ord. No. 3140-07]
PARK
A park, playground, recreation center or any other public area owned or used by the borough and devoted to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
Any dwelling, house, building or other structure designated or used either wholly or in part for private residential purpose, 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 street, road, highway, boulevard, alley, curb, sidewalk, or other public way, any and all public parks, fields, squares, spaces, grounds, memorials, or buildings, and any public watercourse or water source of any kind, including fountains, rivers, lakes, streams, wetlands, drainage ditches, or skating rinks.
[Amended 8-28-2007 by Ord. No. 3140-07]
REFUSE
All putrescible and nonputrescible solid wastes (except body waste), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
Nonputrescible solid waste 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.
SHOPPING CART
A contrivance of baskets, mounted on wheels and propelled by hand, provided by stores or other business establishments for the convenience of their customers in the carrying of packages, bags or other receptacles.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway.
[Amended 8-28-2007 by Ord. No. 3140-07]
No person shall throw, sweep into or deposit litter, refuse, rubbish, or garbage of any kind into any gutter, street, waterway, or other public place. 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 owning or occupying property shall keep the sidewalks in front of the premises free of litter.[1]
[1]
Editor's Note: See also Ch. 109, Streets and Sidewalks, § 109-11.
Any shopping cart found upon a street or other public place may be removed by the borough from whom it may be redeemed by the owner upon payment to the Clerk of the Municipal Court on behalf of the borough of a fee of $2.
[1]
Editor's Note: See also Ch. 96, Shopping Carts.
[1]
Editor's Note: Former § 53-5, Deposit of refuse prohibited; exception, was repealed 8-28-2007 by Ord. No. 3140-07.
[Amended 8-28-2007 by Ord. No. 3140-07]
No person while a driver or a passenger in a vehicle shall throw or deposit litter upon any street, public place, or upon private property. Whenever any litter is thrown or discarded or allowed to fall from any vehicle in violation of this chapter, the operator or owner, or both, of the motor vehicle shall also be deemed to have violated this chapter.
No person shall load, drive or move any truck or other vehicle unless such 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, nor shall any person drive or move any vehicle or truck, the wheels or tires of which carry onto or deposit in any street or other public place, mud, dirt, sticky substance, litter or foreign matter of any kind.
[Amended 8-28-2007 by Ord. No. 3140-07]
No person shall throw or deposit litter in any water source, fountain, stream, river, skating rink, or other body of water within the Borough. Whenever any litter is thrown or discarded or allowed to fall from any boat or watercraft in violation of this chapter, the operator or owner, or both, of the boat or watercraft shall also be deemed to have violated this chapter.
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, traffic sign, parking meter or shade tree or upon any public structure or building, except as may be authorized by law.
No person shall affix or place any notice or other paper for a commercial purpose on any vehicle parked or standing in a street or other public place, except as may be authorized by law.
No person shall throw or deposit litter on any occupied or vacant private property whether owned by such person or not; provided, however, that the owner or person in control of private property may maintain private receptacles for the collection of litter.
[Amended 4-5-1988 by Ord. No. 2496-88; 11-1-1988 by Ord. No. 2520-88]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $1,000 and, in default of payment thereof, may be sentenced to imprisonment in the county jail for a term not exceeding 90 days; or shall be subject to a period of community service not exceeding 90 days.
[Added 8-28-2007 by Ord. No. 3140-07]
This chapter shall be enforced by the Borough of Rutherford Building Department. The Borough Construction Official or his or her duly authorized designees are hereby designated and authorized as the enforcement officers of this chapter. They are authorized to establish reasonable regulations providing for warning for the improper disposal of materials, and enforcement thereafter by issuance of summonses for violation of this chapter. Any such regulations shall be approved by the Borough Administrator.