Township of Lower, NJ
Cape May County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Lower as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering on beaches — See Ch. 178, Art. I.
Brush, grass and debris — See Ch. 185.
Conduct — See Ch. 230.
Dumping — See Ch. 285.
Landfills — See Ch. 408.
Unsolicited printed matter — See Ch. 493.
Property maintenance — See Ch. 500.
Solid waste — See Ch. 570.
[Adopted by Ord. No. 78-110 (Sec. 3-17 of the 1975 Code)]
[Amended by Ord. No. 79-119]
For purposes of the this article, the following terms shall be construed to have the following meanings:
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle made of metal or plastic, equipped with suitable handles and tight-fitting cover.
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced copy of any matter of literature which advertises anything for sale, directs attention to any establishment, meeting, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit.
COMPOST
A mixture for decaying of organic substances to be used for soil conditioning/fertilization which is heaped, piled, and maintained in a controlled area in such a fashion as to prevent its dispersal as litter.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of foods.
LITTER
Garbage, refuse and rubbish, as defined herein, and all other waste material which, if thrown or deposited as prohibited herein, tends to create a danger to public health, safety and welfare.
NEWSPAPER
Any newspaper of general circulation as defined by law or any paper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation, including any periodical or current magazine published and sold to the public.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or other printed matter not included in the definition of "commercial handbill" or "newspaper."
PRIVATE PREMISES
Any dwelling, house, building, or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously vacant, and shall include commercial store premises and any yard, grounds, walk, driveway, porch, steps, vestibule, entry or mailbox belonging or appurtenant to a dwelling, house, building, store or structure.
PUBLIC PLACES
All streets, sidewalks, boulevards, alleys or other public ways, beaches, public parks, square spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles 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.
VEHICLE
Every device in, upon or by which any person or property is or may be transported, propelled or drawn upon a highway or beach.
No person shall throw or deposit litter in any public place within the Township except in public receptacles or in authorized private receptacles for collection.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in a manner that will prevent it from being carried or deposited by the elements in any public place or upon any private property.
No person shall sweep into or deposit in any public place the accumulation of litter from any building or lot or from any public place or private sidewalk, premises, or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
Every person owning or occupying a place of business engaged in the sale, distribution or service of any food or food products for immediate consumption shall maintain authorized private receptacles for collection in a manner that will prevent litter from being carried or deposited by the elements in any public place or upon private 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 Township or upon private property.
No person shall drive or move any truck or other vehicle within the Township unless the vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon the beaches, any street, alley or other public place. No person shall drive or move any vehicle or truck within the Township, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.
No person shall throw, deposit, hand out or distribute any commercial handbill in or upon any public place or private premises within the Township, except by handing the commercial handbill personally to an individual at such public place or private premises if the individual has first personally affirmatively indicated a willingness to receive the distribution of the commercial handbill.
No person shall throw, deposit, hand out or distribute any noncommercial handbill in or upon any public place or private premises within the Township, except by handing the noncommercial handbill personally to an individual at such public place or premises if the individual has first personally affirmatively indicated a willingness to receive the distribution of the commercial handbill; or by placing the noncommercial handbill securely at the private premises in question in such a manner that it will neither be blown away nor fall to the ground.
No person shall throw or deposit any commercial handbill in or upon any vehicle. This shall not be construed to prevent any person from distributing, without charge to the receiver, a handbill to any occupant of a vehicle who is willing to accept it personally.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which is temporarily or continuously vacant.
No one shall create a nuisance or disturbance either in distributing or in receiving distribution of commercial and/or noncommercial handbills by blocking either vehicular or pedestrian traffic, or by discarding the item distributed in such manner as to litter or deface public or private premises.
No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law.
[Amended by Ord. No. 79-119]
No person shall throw or deposit litter on any private premises within the Township, whether owned by that person or not, except that the owner or person in control of private premises may maintain authorized private receptacles for the collection of litter, and compost piles as defined herein, in a manner that the litter or compost will be prevented from being carried or deposited by the elements upon any public place or upon any private premises.
[Amended by Ord. No. 79-119]
The owner or person in control of any private property shall at all times maintain the premises free of litter. This section shall not prohibit the storage of litter in authorized private receptacles for collection, nor the maintenance of compost as prescribed herein.
No person shall throw or deposit litter on any open or vacant private property within the Township, whether owned by such person or not.
No person shall deposit newspapers or other printed material, either individually or in stacks, on any private premises within the Township, whether owned by that person or not, unless the newspapers or other printed material is secured by rope, string, wire, or the like of such sufficient strength as to insure that the newspapers or other printed material shall remain secured. This section shall not apply to newspapers deposited in receptacles installed for the daily or weekly receipt of the newspapers.
[Amended by Ord. No. 79-119]
The Township Building Inspector, the Township Zoning Officer, the Township Police Department, and the Township Health Official, the latter to include any and all members of the County Health Department assigned to duty within the Township, are authorized and empowered to notify the owner of any private property, occupied or vacant, within the Township, or the agent of the owner, to properly dispose of litter on his property within 10 days of the date of the notice. The notice shall be by certified mail, return receipt requested, addressed to the owner or agent at his last known address and shall state the acts to be performed, as well as the penalty for failure to comply with the notice. In the event that the offending condition is not remedied, the above-described persons shall be deemed the enforcement officials of this section, and each of them shall have the authority to bring an action in the Township municipal court seeking enforcement of this section.
The violation of any of the provisions of this article shall, upon conviction, subject the violator to the penalty stated in Chapter 1, Article III, General Penalty.
[Adopted by Ord. No. 90-1 (Sec. 3-27 of the 1975 Code)]
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 areas; 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.
As used in this article, the following terms shall have the meanings indicated:
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, any unlit 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 not including 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.
The following persons shall be deemed to be enforcement officials for the purposes of this article:
A. 
Any member of the Township Police Department.
B. 
The Code Enforcement Officer.
Anyone convicted of a violation of this article shall be subject to a fine of $100 for each violation. If the violation is of a continuing nature, each day during which the violation continues shall be deemed a separate and distinct offense.