[HISTORY: Adopted by the Board of Health
of the Borough of Wanaque 3-20-1991 as Ord. No. 2-91.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 15.
Hazardous materials — See Ch. 74B.
Parks — See Ch. 84.
Property maintenance — See Ch. 88.
Streets and sidewalks — See Ch. 96.
Abandoned vehicles — See Ch. 106.
Air pollution — See Ch. 116.
Garbage and rubbish — See Ch. 120.
Health nuisances — See Ch. 127.
[1]
Editor's Note: This ordinance also repealed
former Ch. 125, Littering, as adopted 10-12-1971 and readopted 12-11-1973.
As used in this chapter, the following terms
shall have the meanings indicated:
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, and 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 extracting processes,
logging, saw milling, farming or manufacturing.
A container suitable for the depositing of litter which is
so designed to contain litter in the receptacle from the effects of
the weather and which is of sufficient size to contain all litter
deposited therein between normal periodic servicing.
Every public place or building within the borough which is
within the jurisdiction and control of the borough and is or may be
in general use by all citizens and in which all have an equal right
of passage at will.
Includes highways, roads, avenues, boulevards, courts, public
lanes, alleys, sidewalks, footpaths and all other public highways
for vehicular or pedestrian travel.
A.
No person shall throw, drop, discard or otherwise
put or place, or cause to be thrown, put or placed, into, upon or
within any street, public place, parking lot or public building litter
of any nature or any substance, matter or thing whatsoever whereby
the safe, free or unobstructed use of the same by the public may be
in any way impeded or interfered with or whereby the same may be detrimental
to the health, safety or welfare of the public. Nothing in this subsection
shall prohibit the deposit of any such material in any public or private
receptacles approved by the borough for such purpose. Nothing contained
in this subsection shall be constructed to prohibit construction,
repair or maintenance equipment, materials or machinery from being
utilized on such street, public place, parking lot or public building.
B.
No person shall throw, drop, discard or otherwise
put or place, or cause to be thrown, put or placed, into, upon or
within any private property within the borough, including open and
vacant land, whether owned by such person or not, any litter, 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.
Litter receptacles and their servicing are required
at the following public places which exist in the Borough of Wanaque,
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, governmental 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, 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.
It shall be unlawful for any person to discard
or dump along any street or road, on or off any right-of-way, or on
any public or private property any household or commercial solid waste,
rubbish, refuse, junk vehicle or parts thereof, 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.
It shall be unlawful for any residential property
owner to store or permit storage of any household waste, including
household appliances, furniture and mattresses, in areas zoned residential,
except in a fully enclosed structure during days designated for the
collection of bulk items, or away from public view such that the storage
of such items is in such a manner so as not to constitute a threat
to the public health, safety and welfare.
It shall be unlawful for any residential property
owner to open, store or permit the open storage of tires in areas
zoned residential, unless such tire or tires are stored in such a
manner that there does not exist any potential for the breeding of
mosquitoes.
It shall be unlawful for any vehicle to be driven,
moved, stopped or parked within the borough on any highway, street,
alley or other public place, unless such vehicle is constructed or
loaded to prevent any of its contents from dropping, sifting, leaking
or otherwise escaping therefrom; nor shall any person drive or move
any vehicle or truck within the borough, the wheels or tires of which
carry onto or deposit on any street, alley or other public place mud,
dirt, sticky substances, litter or foreign matter of any kind. Any
person operating a vehicle from which any glass or objects have fallen
or escaped which could cause an obstruction, damage a vehicle or otherwise
endanger travelers or public property shall immediately cause the
public property to be cleaned of all glass or objects and shall pay
the costs thereof.
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 debris or trash at areas
convenient to the construction areas and to maintain and empty the
receptacles in such a manner and with such a frequency as to prevent
spillage of refuse.
[Amended 6-15-2011 by Ord. No. 1-0-11]
It shall be unlawful for any residential or
commercial property owner to permit or maintain open or overflowing
solid waste containers on his or her property.
A.
Purpose. This section requires that dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times
and prohibits the spilling, dumping, leaking, or otherwise discharging
of liquids, semi-liquids or solids from the containers to the municipal
separate storm sewer system(s) operated by the Borough of Wanaque
and/or the waters of the state so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
B.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSONS
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of the chapter clearly demonstrates
a different meaning. 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.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough of Wanaque or other public body, and is designed and
used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
Any waste container that a person controls, whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
C.
Prohibited conduct.
(1)
Any person who controls, whether owned, leased, or operated, a refuse
container or dumpster must ensure that such container or dumpster
is covered at all times and shall prevent refuse from spilling out
or overflowing.
(2)
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Wanaque.
D.
Exceptions to prohibition:
(1)
Permitted temporary demolition containers.
(2)
Litter receptacles (other than dumpsters or other bulk containers).
(3)
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
(4)
Large, bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
E.
Enforcement. This section shall be enforced by the Property Maintenance
Officer, Health Officer or their designees of the Borough of Wanaque.
F.
Penalties. Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,000.
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 sidewalks, alleyways, backyards, courts and alleys free from
litter and other offensive material. 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.
All sweepings shall be collected and properly containerized for disposal.
It shall be unlawful for any person to keep
or permit the keeping on streets, vacant lots, residential lawns or
on any premises located within the borough, except within a fully
enclosed structure, any motor vehicle, trailer or semitrailer which
is wholly unfit without rebuilding or reconditioning for use for highway
transportation; which has been discarded for use as a motor vehicle,
trailer or semitrailer; which does not display a current valid state
license; or which is wrecked, disassembled or partially disassembled.
This section shall not apply if it is proven by the owner that the
vehicle in question is being actively reconditioned, provided that:
A.
Only one (1) vehicle may be reconditioned outside
of an enclosed structure at any given time on property.
B.
Vehicle body parts and equipment necessary for the
reconditioning of said vehicle are stored in an enclosed structure.
C.
The reconditioning is performed in such a manner so
as not to create an eyesore or public nuisance.
D.
The vehicle is covered at all times when it is not
being reconditioned.
No person shall prevent or interfere with any
employee of the Borough of Wanaque or any municipally authorized person
in the sweeping or cleaning of any street or in the removal of sweeping
ashes, garbage, rubbish, snow, ice or other refuse material.
Any person who violates any provision of this
chapter shall, upon conviction thereof, be liable to a penalty of
not more than one thousand dollars ($1,000.) or imprisonment for not
more than ninety (90) days, or both, for each violation.
