[HISTORY: Adopted by the Mayor and Council of the Borough of North Haledon 7-11-1990 by Ord. No. 19-1990 (Ch. 103 of the 1990 Code). Amendments noted where applicable.]
The purpose of the within chapter is to prohibit littering in the Borough of North Haledon. The provisions of the within chapter are supplemental to the existing ordinances of the Borough. If there is any conflict between the provisions of the within chapter and the provisions of any other ordinances, the more stringent provisions shall be applicable.
The following words shall have the following meanings:
- 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 garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material which might affect the health and welfare of the community or render the streets and public places unsightly.
- Includes corporations, companies, associations, societies, firms, partnerships and joint-stock companies as well as individuals.
It shall be unlawful for any person to throw, put or place, or cause to be thrown, put or placed, into, upon or within any street, public place, parking lot open to the public or public building 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 rendered unsightly in appearance. Nothing in this section shall prohibit the deposit of any such material in any public or private receptacles approved by the Municipal Council for such purpose. Nothing in this section shall be construed to prohibit construction, repair or maintenance equipment, materials or machinery from being utilized temporarily on a street, public place, parking lot or public building. This section shall not apply to municipal activities by municipal employees.
No person shall sweep or cause to be swept into or deposit in any gutter, street, catch basin or other public place any significant accumulation of litter from any public or private place. Every person who owns or occupies property shall keep the sidewalk in front of his/her premises free from litter. All significant sweepings shall be collected and properly containerized for disposal. Nothing contained herein shall be construed to prohibit the washing down of driveways and sidewalks.
No person shall put, deposit or store any litter or other material or equipment or any bulk household item, including but not limited to appliances, furniture, mattresses, or tires, except in fully enclosed structures or during designated days for collection of bulk items, upon any property or private property whereby such property may be rendered unsightly in appearance or detrimental to the public health, safety and welfare of the public. Nothing contained herein shall prohibit the deposit of grass clippings and branches and twigs on private property, as long as the said material originated from the same premises on which it is deposited and so long as the said material does not generate odors and is located in the rear portion of the property.
Litter receptacles and their servicing may be required at the discretion of the governing body at the following public places existing in the municipality, including but not limited to: sidewalks used by pedestrians in active retail commercially zoned areas; buildings held out for use by the public, including schools, government buildings, 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, where directed by the governing body upon the recommendation of the Superintendent of Public Works.
No person shall place or cause to be placed any receptacles for refuse or garbage outside of any commercial building except in an enclosure provided and designated for such storage. The area surrounding the receptacle shall be kept free of litter.
It shall be the duty of the owner, lessee, tenant, occupant or person in 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 any kind and to keep sidewalks, areaways, backyards, courts and alleys free from accumulations of litter and other offensive material.
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins upon property owned by such person.
It shall be unlawful to operate any trucks or motor vehicles carrying or conveying stones, dirt, sand, gravel, earth, fill, glass, grass clippings, solid waste or other similar materials on any road within the Borough without said materials being covered or retained in place by tarpaulins or other suitable equipment or device to prevent said materials from falling off, sifting, leaking or otherwise escaping from the vehicle. Any person operating a vehicle from which any glass, debris, 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 be liable for and pay the costs thereof.
It shall be unlawful for any owner, agent or contractor in charge of a construction site 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 construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse. Temporary accumulations during the time of actual construction or demolition shall not constitute a violation. In the event, however, if the Superintendent of Public Works determines that the accumulation has continued beyond reasonable time, he/she may give a written direction to the owner, agent or contractor that the accumulation be removed. Thereafter, if the accumulation is not removed, within a reasonable time after the notice, it shall constitute a violation.
No person shall interfere with any employee of the Borough of North Haledon or any municipally employed person in the sweeping or clearing of any street or in the removal of sweepings, ashes, garbage, rubbish, snow, ice or other refuse materials described herein.
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 material prohibited to be stored or abandoned on lands by this chapter by or under the direction of the sanitarian or appointed officers of this jurisdiction, in cases where the owner or tenant shall refuse or neglect to remove same within five days of receiving a notice of violation, such officer shall cause the cost to be charged against said properties and owners for services rendered by the municipal crews pursuant to N.J.S.A. 40:48-2.12f. Costs incurred shall be levied against said properties. The same 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 a lien for delinquent real estate taxes.
The amounts to be billed shall be equivalent to the cost of the services rendered by either the Borough's employees or the person contacted by the Borough to perform the services, or both.
In addition to the cost of removal of the debris/litter, any person who shall violate any of the provisions of this chapter or any order promulgated hereunder shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. In addition, each violation of any of the provisions of this chapter shall be deemed a separate offense, and each day that such violation shall continue shall be deemed a separate and distinct offense.