[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson 5-28-1974 by Ord. No. 628 (Ch. 51 of the 1966 Code);
amended in its entirety 10-17-1989 by Ord. No. 963. Subsequent amendments
noted where applicable.]
A.
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.
B.
BOROUGH
GARBAGE
LITTER
LITTER RECEPTACLE
PERSON
PRIVATE PREMISES
PUBLIC PLACE
PUBLIC STRUCTURE OR BUILDING
REFUSE
RUBBISH
VEHICLE
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
The Borough of Emerson.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
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,
newspaper, 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 container suitable for the depositing of litter.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling house, building or other structure designated
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, walk, driveway, porch steps or
vestibule belonging or appurtenant to such dwelling house, building
or other structure.
Any street, sidewalk, alley or other public way and any and
all public parks, squares, spaces, grounds and buildings.
Any structure or building owned or operated by the federal,
county or state government or any governmental agency.
All putrescible solid wastes (except body wastes), including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, dismantled automobiles and parts thereof, scrap metal,
junk, machinery and solid market and industrial wastes.
Nonputrescible solid wastes, consisting of both combustible
and noncombustible wastes, such as papers, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery, building materials and similar materials.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
A.
No person shall throw or deposit litter in or upon
any street, sidewalk or other public place or private property within
the Borough, except in public receptacles or in authorized private
receptacles for collection or in official Borough dumps; provided,
however, that said public receptacles shall not be used by persons
owning or occupying property in the vicinity of said public receptacles
for the deposit of domestic, commercial and industrial litter arising
from the conduct of said activities.
B.
"Authorized private receptacles," as used herein,
shall mean plastic bags commonly manufactured and sold for the collection
of household garbage and/or the bagging of leaves.
C.
Illegal dumping. It shall be unlawful for any person
to discard or dump along any street or road, on or off any right-of-way,
any household or commercial solid waste, rubbish, refuse, junk, vehicle
or vehicle parts, rubber tires, appliances, furniture or private property,
except by written consent of the owner of said property, in any place
not specifically designated for the purpose of solid waste storage
or disposal.
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 litter sweepings shall be
collected and properly containerized for disposal. It shall be unlawful
for any residential or commercial property owner to permit open or
overflowing waste disposal bins on his or her property.
No person while a driver or passenger in a vehicle
shall throw or deposit litter upon any street or other public place
within the Borough.
No person shall drive or move any truck or other
vehicle within the Borough unless such vehicle is so constructed or
loaded as to prevent any load or contents of litter from being blown
or deposited upon any street, alley or other public place; nor shall
any person drive or move any vehicle or truck within the Borough,
the wheels or tires of which carry onto or deposit in any street,
alley or other public place mud, dirt, sticky substances or foreign
matter of any kind.
No person shall throw or deposit litter in any
park within the Borough except in public receptacles and in such a
manner that the litter will be prevented from being 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 person shall throw or deposit litter in any
fountain, pond, lake, stream, bay or any other body of water in a
park or elsewhere within the Borough.
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 or vehicle within the community in such a manner
that it may be removed by natural forces.
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, a
noncommercial handbill to any occupant of a vehicle who is willing
to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
No person 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 said premises in a conspicuous position near the entrance thereof
a sign bearing the words "no peddlers or agents," "no advertisements"
or any similar notice, indicating in any manner that the occupants
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.
A.
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, occupant or other person then present in or upon such private
premises; provided, however, that in the 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 as to secure or 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.
B.
Exemption for mail and newspapers. The provisions
of this section shall not apply to the distribution of mail by the
United States nor to newspapers.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 by the
owners thereof 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 private property may maintain authorized private receptacles for
collection and removal of the same in such manner that the same shall
not be unsightly and detrimental to the surrounding neighborhood.
A.
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 or nuisances of every kind and to keep sidewalks,
areaways, backyards, courts and alleys free from litter.
B.
The owner or person in control of any private property
shall at all times maintain the premises free of litter, particularly
one or more automobile bodies, frames or chassis, one or more automobiles
unable to be self-propelled or one or more abandoned automobiles;
provided, however, that this section shall not prohibit the storage
of litter in authorized private receptacles for collection.
A.
Vacant lots. No person shall throw or deposit litter
on any open or vacant private property within the Borough, whether
owned by such person or not.
B.
Construction sites. 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 immediately
following 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 debris or trash 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 refuse.
In the event that the owner or possessor of
private property or lands shall refuse or neglect to abate or remedy
the condition which constitutes a violation of this chapter, the municipality
may cause the condition to be abated and remedied. Upon the removal
of any materials prohibited to be stored or abandoned on lands by
this chapter by or under the direction of an appointed officer or
officers of this jurisdiction, in cases where the owner or tenant
shall have refused or neglected to remove the materials within five
days of receiving a notice of violation, such officer shall certify
the cost thereof to the municipality, which shall examine the certificate
and, if found correct, shall cause the cost as shown thereon to be
charged against said lands and will be added to and become and form
part of the taxes next to be assessed and levied upon said lands.
The fines shall bear interest at the same rate as taxes and shall
be collected and enforced by the same officers and in the same manner
as taxes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
A person
who throws, drops, discards or otherwise places any litter of any
nature upon public or private property other than in a litter receptacle
commits a petty disorderly persons offense, and, notwithstanding the
provisions of N.J.S.A. 2C:43-3 to the contrary, for every such offense
shall be fined not less than $100 or more than $500.
B.
If a person violates Subsection A of this section, the court, in addition to any penalty imposed under that subsection, may direct the person to perform community service, including litter pickup and removal from any public property, or any private property with permission of the owner, upon which the person deposited litter, for a term of not less than 20 hours nor more than 40 hours.
C.
A person who is convicted of an offense under Subsection A of this section within six months after the date of a previous conviction thereunder shall be sentenced to pay a fine not less than $500 or more than $1,000, may be sentenced to imprisonment for a definite term not to exceed 60 days, and may be directed to perform community service, including litter pickup and removal from any public property or from any private property if permission of the owner has been granted, for a term of not less than 40 nor more than 80 hours.
