[HISTORY: Adopted by the Mayor and Council
of the Borough of Woodcliff Lake 10-21-1992 by Ord. No. 91-12 (Ch.
166 of the 1985 Code). Amendments noted where applicable.]
This chapter provides for regulatory authority
designed to promote a clean litter-free environment for the citizens
of the Borough of Woodcliff Lake.
This chapter is enacted pursuant to N.J.S.A.
13:1E-99.1 et seq., the Clean Communities Act of the State of New
Jersey.[1]
[1]
Editor's Note: Repealed by L. 2002, c. 128, § 12, eff.
Dec. 20, 2002. See now N.J.S.A. 13:1E-213 et seq., Clean Communities
Program Act .
As used in this chapter, the following terms
shall have the meanings indicated:
An uncontaminated non-water-soluble, nondecomposable, inert
solid such as rock, soil, gravel, concrete, glass and/or clay or ceramic
products.
Waste building material and refuse resulting from construction,
remodeling and repair operations on houses, commercial buildings,
pavements and other structures.
Waste generated from the razing of buildings, factories and
other man-made structures, including streets, roads and fences.
Disposal of solid waste at or on any land site, public or
private, or in any body of water in a manner which does not protect
the environment, is susceptible to open burning, which promotes the
production of odors or is exposed to the elements, vectors and scavengers.
A solid waste facility which is designed and operated for
the purpose of composting leaves, either exclusively or in combination
with other Type ID 23 wastes, as identified in N.J.A.C. 7:26-2.13.
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, any unlighted
cigarette, cigar or 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.
A land site at which solid waste is disposed of in a manner
which does not protect the environment, is susceptible to open burning,
promotes the production of odors or is exposed to the elements, vectors
and scavengers.
Any litter, garbage, refuse, sludge and other discarded materials
resulting from industrial, commercial and agricultural operations
and from domestic and community activities and shall include all other
waste materials, including liquids, except for liquids which are treated
in public sewage treatment plants and except for solid animal and
vegetable wastes collected by swine producers licensed by the State
Department of Agriculture to collect, prepare and feed such wastes
to swine on their own farms.
An organism, including insects, other arthropods or rodents,
that is capable of transmitting a pathogen from one organism to another.
A.
Littering prohibited. It shall be unlawful for any
person to throw, drop, discard or otherwise cause litter to be placed
upon any public or private property, or in any body of water, other
than in a litter receptacle or waste container designed for the purpose
of litter storage or disposal.
B.
Dumping prohibited.
(1)
It shall be unlawful for any person to discard or
dump along any street or road, on or off any right-of-way, any solid
waste, including but not limited to vehicle or vehicle parts, rubber
tires, appliances, furniture, construction wastes or demolition wastes.
(2)
It shall be unlawful for any person to discard or
dump on any property, public or private, or in any body of water any
solid waste, including but not limited to vehicle or vehicle parts,
rubber tires, appliances, furniture, construction waste or demolition
wastes, or any manner of solid waste without the express written consent
of the property owner and then only in a litter receptacle or waste
container designed for the express purpose of solid waste storage
or disposal.
(3)
Open dumps are declared to be a nuisance and hazardous
to human health and are prohibited. Leaf composting facilities operating
in compliance with all applicable regulations and possessing all applicable
permits or those operated by property owners or operators solely for
the purpose of composting vegetative wastes produced on site shall
not be regulated by this subsection.
(4)
The land application of clean fill, provided that
it is wholly uncontaminated by the presence of other solid waste,
and further provided that it is applied by the property owner or with
the express written consent of the property owner shall not be regulated
by this subsection.
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.
A.
It shall be unlawful for any residential or commercial
property owner to permit open or overflowing waste disposal bins,
containers or litter receptacles on his or her property.
B.
It shall be unlawful for any residential or commercial
property owner to permit the presence of waste disposal bins, containers
or litter receptacles in a manner which promotes or tends to promote
the presence of any disease vector.
A.
It shall be unlawful for any vehicle to be driven,
moved, stopped or parked on any street, road or highway or public
or private property in a manner which results in any portion of its
load dropping, sifting, leaking or otherwise escaping therefrom.
B.
Any person operating a vehicle from which any portion
of the load has fallen or otherwise escaped, which could cause an
obstruction to traffic, damage a vehicle or otherwise endanger travelers
or damage property, shall immediately cause the public or private
property or roadway to be cleaned and shall pay the costs therefor.
It shall be unlawful for any owner, agent or
contractor in charge of a construction or demolition site to permit
the accumulation of litter before, during or after completion of any
construction or demolition project. It shall be the duty of the owner,
agent or contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or nonflyable solid waste at areas
convenient to construction areas and to maintain and empty the receptacles
in such a manner and with such a frequency as to prevent spillage
of solid waste.
It shall be the duty of the owner, lessee, tenant,
occupant or person in charge of any structure to keep and cause to
be kept the sidewalk and curb abutting the building or structure free
from obstruction of every kind and to keep sidewalks, areaways, front
yards, back yards, courts and alleys from litter and other solid waste.
A.
It shall be unlawful for any person to place, to cause
to be placed or to hire another person to place any advertisement,
handbill or unsolicited material of any kind in or on any street,
sidewalk, building, tree, pole, structure or vehicle within the Borough
of Woodcliff Lake in such a manner that it will be removed by natural
forces.
B.
Any person responsible for the placement of any advertisement,
handbill or unsolicited material of any kind in or on any street,
sidewalk, building, tree, pole, structure or vehicle within the Borough
of Woodcliff Lake shall be under obligation to remove the aforementioned
materials and dispose of them in a litter receptacle or waste container
designed for the purpose of solid waste storage or disposal.
A.
Whenever the Director of the Bergen County Department
of Health Services or his designee has cause to believe that any person
is in violation hereof, a prompt investigation shall be made by the
appropriate personnel of the Bergen County Department of Health Services.
B.
If, upon inspection, a condition which is in violation
of this chapter is discovered, the Director of the Bergen County Department
of Health Services or his designee may initiate a civil action in
the Special Civil Part of the Superior Court or in the Superior Court
if the primary relief sought is injunctive or, if the penalty for
a single violation exceeds the jurisdictional limit of the Special
Civil Part of the Superior Court, by filing and serving of appropriate
process.
C.
Nothing in this chapter shall be construed to preclude
a municipality's right, pursuant to N.J.S.A. 26:3A2-25, to initiate
legal proceedings hereunder in Municipal Court.
A.
Any person who shall violate any of the provisions
of this chapter or who shall fail to comply therewith or with any
of the requirements thereof shall be punishable by a penalty as set
forth below.
B.
Each day that a violation continues shall constitute
a separate and distinct offense, punishable by the imposition of additional
penalties as are set forth below.
C.
For penalty determination purposes, any prior violation
of the same provision having occurred within the five years immediately
preceding the current violation shall be considered in determining
the rank of the current violation.
D.
The violation of any section or subsection of this
chapter shall constitute a separate and distinct offense independent
of the violation of any other section or subsection or of any order
issued pursuant to this chapter.
|
Offenses
| ||||||
|---|---|---|---|---|---|---|
|
Section
|
1st
|
2nd
|
3rd
|
4th and Subsequent
| ||
|
218-4A, Littering prohibited
|
$100
|
$200
|
$500
|
$1,000
| ||
|
218-4B, Illegal dumping
| ||||||
|
Street or road
| ||||||
|
Less than 10 cubic yards
|
$200
|
$400
|
$800
|
$1,000
| ||
|
More than 10 cubic yards
|
$400
|
$800
|
$1,000
|
$1,000
| ||
|
Public/private property
| ||||||
|
Less than 10 cubic yards
|
$200
|
$400
|
$800
|
$1,000
| ||
|
More than 10 cubic yards
|
$400
|
$800
|
$1,000
|
$1,000
| ||
|
Open dump
| ||||||
|
Less than 25 cubic yards
|
$200
|
$400
|
$800
|
$1,000
| ||
|
25 to 100 cubic yards
|
$400
|
$800
|
$1,000
|
$1,000
| ||
|
More than 100 cubic yards
|
$800
|
$1,000
|
$1,000
|
$1,000
| ||
|
218-5, Containerization of sweepings
|
$100
|
$200
|
$500
|
$1,000
| ||
|
218-6, Open or overflowing disposal bins
| ||||||
|
Open/overflowing waste bins
|
$200
|
$400
|
$800
|
$1,000
| ||
|
Disease vectors
|
$200
|
$400
|
$800
|
$1,000
| ||
|
218-7, Uncovered vehicles
|
$400
|
$600
|
$800
|
$1,000
| ||
|
218-8, Construction sites
|
$400
|
$600
|
$800
|
$1,000
| ||
|
218-9, Commercial establishments and residences
|
$200
|
$400
|
$600
|
$1,000
| ||
|
218-10, Distribution of handbills
| ||||||
|
Handbill/natural forces
|
$100
|
$200
|
$400
|
$600
| ||
|
Handbill removal
|
$100
|
$200
|
$400
|
$600
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