[HISTORY: Adopted by the Mayor and Council of the Borough
of Kenilworth 8-10-1926 by Ord.
No. 64 and 10-22-1974 by Ord. No. 74-12; amended in its entirety 5-24-2006 by Ord. No. 2006-09. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 106.
The purpose of this chapter is to establish requirements to
control littering in the Borough of Kenilworth so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this 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.
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, 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 container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A.Â
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
B.Â
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this chapter, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this chapter.
This chapter shall be enforced by the Police Department, Board
of Health and code enforcement officials of the Borough of Kenilworth.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine
of not less than $100 nor more than $500.
