[HISTORY: Adopted by the Mayor and Council
of the Borough of Dunellen 3-1-1989. Amendments noted where applicable.]
There exists in the Borough of Dunellen a need
to control littering and related activities and to control improper
dumping of all types of waste. In order to make available to the Borough
of Dunellen grant funds under the "Clean Communities and Recycling
Act," N.J.S.A. 13:1E-92 et seq.,[1] it is necessary to provide regulatory measures through
this chapter to control littering and improper dumping.
[1]
Editor's Note: See now N.J.S.A. 13:1E-213 et seq. (P.L. 2002,
ch. 128), the Clean Communities Program Act.
As used in this chapter, the following terms
shall have the meanings indicated:
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or any printed matter
of literature which is not delivered by United States mail, including,
but not limited to those which:
Any new or used substance or waste material which has been
discarded, whether made of paper, plastic, aluminum, glass, rubber
or other natural or synthetic material, or any combination thereof,
including, but not limited to, any bottle, jar, box, can, cap, top,
detachable tab, garbage, trash, refuse, debris, rubbish, grass clippings,
other lawn or garden wastes, newspapers, magazines, glass, metals,
plastic or paper containers, and other packing or construction materials.
A container designed and utilized for the deposit of quantities
of general litter or waste not to exceed one cubic yard in volume
or 25 pounds in weight.
An area that is provided for the use of the public, whether
owned or operated by public or private interests.
Materials generated by residential and commercial sources
which would otherwise become litter, and which may be collected, separated
or processed and returned to the stream of commerce in the form of
raw materials or products.
A container designed for the collection of specified recyclable
materials.
Garbage, refuse and other discarded materials resulting from
residential, industrial, commercial and agricultural operations, and
from domestic and community activities, and shall include all other
waste materials.
A container designed for the collection of quantities of
litter or waste in excess of one cubic yard in volume or 25 pounds
in weight.
It shall be unlawful for any person to:
A.
Throw, drop, discard, scatter or otherwise place litter
of any nature upon any public or private property other than in a
litter receptacle or waste disposal bin.
B.
Throw, drop, discard or otherwise place or dump any
household trash, construction debris or materials, refuse, junk, vehicles
or vehicle parts, tires, appliances, furniture or other private property
on any public or private property or along any road, street or right-of-way,
except by written consent of the owner of the property and in an area
specifically designated for the purpose of solid waste storage or
disposal.
C.
Place or dump any quantities of household or commercial
garbage or solid waste generated on private property in a private
litter receptacle or waste disposal bin without the written consent
of the owner of the receptacle or bin.
D.
Place or dump any quantities of materials designated
for recycling in a litter receptacle or waste disposal bin unless
the receptacle or bin is identified as a collection container for
recyclables.
A.
Litter receptacles and their maintenance shall be
required at the following public places in the Borough of Dunellen:
(1)
Sidewalks in the commercial zone, such that there
shall be no single linear one quarter mile without a receptacle.
(2)
Buildings held out for the use of the public, including
schools, government buildings, railroad stations, bus stops, parks,
construction sites, street vendor locations, service stations, shopping
centers, and parking lots over 20 vehicles.
B.
Litter receptacles provided by the municipality and
located in public places shall be serviced by the municipality on
a timely basis.
C.
Litter receptacles and their maintenance shall be
required at all special events to which the public is invited, including,
but not limited to, sporting events, parades, carnivals, circuses,
art shows and festivals. The sponsors of these events shall be responsible
for providing and maintaining the litter receptacles such that there
are an adequate number of containers available and that collected
litter and waste are removed from the site in a timely manner.
D.
Sponsors of special events shall provide suitable
and separate recyclable containers clearly labeled for the collection
of glass and aluminum beverage containers generated at special events,
and shall provide for the proper disposition of collected recyclables
in a timely manner.
E.
Sponsors of special events shall collect and dispose
of all litter and recyclable materials from the property where the
event took place within 48 hours from the completion of the event.
A.
It shall be unlawful for the owner or operator of
any vehicle, as defined in N.J.S.A. 39:1-1 et seq., which is loaded
with any material, whether new or used, organic or manufactured, to
drive, move, stop or park on any road or public right-of-way unless
the vehicle is designed or loaded to prevent any of the load from
stopping, shifting, leaking or otherwise escaping from the vehicle.
B.
Any person operating a vehicle from which any litter
or material, including, but not limited to, glass or other potentially
hazardous materials, has fallen or otherwise escaped, whether causing
an obstruction, damage to another vehicle, or otherwise endangering
travelers or public property, shall immediately clear or clean the
area affected, or shall pay the costs thereof.
C.
The owner, agent or contractor in charge of a construction
project or demolition site shall not permit the accumulation of litter
before, during or after completion of the project. It shall be the
duty of the owner, agent or contractor in charge to furnish suitable
containers adequate to accommodate all debris or trash at areas convenient
to the site and to maintain and empty the receptacles in such a manner
and with sufficient frequency as to prevent spillage of refuse, litter,
trash or other objects.
D.
The owner, tenant or manager of any residential or
commercial property shall not permit any litter receptacle, waste
disposal bin or recyclables container to be left open or overflowing
on their property. All receptacles, bins or containers must be enclosed
by a fence whenever there are five or more individual receptacles
over 30 gallons each or a bin or container of more than four cubic
yards in a residential or business zone.
E.
Any owner or operator of a solid waste or recycling
collection service shall be responsible for collection and removal
of any garbage, trash, litter, refuse or other material dropped, scattered
or otherwise improperly distributed during the course of collection,
dumping or conveying from the collection point to any other point
within the Borough.
F.
All property owners, tenants or managers of any property
shall provide suitable containers of indestructible material for the
collection and storage of litter, refuse and other household or commercial
solid waste and maintain such containers and the area around them
in a manner so that a littering or nuisance problem is not created,
including any potential health, safety or welfare problems for the
owner, occupant or general public.
G.
Any temporary or unapproved sign, flyer, poster, picture,
announcement or other material tacked, taped, nailed or otherwise
affixed to any pole, post, tree, public building or other element,
whether legally or illegally, shall be removed and properly disposed
by the owner or person placing the material, within 48 hours of the
conclusion of the advertised event, or it shall be subject to removal
and disposition at the expense of the owner or person placing the
material without recourse. No clause contained herein shall limit
the application of any other ordinance which allows for the immediate
removal of any illegally posted material.
It shall be unlawful for any person to store
or permit to be stored any bulk household or commercial waste, including
furniture, appliances, mattresses, or construction material, on any
property in a residential zone except in a fully enclosed structure
or other area so that the materials are concealed so as not to create
a public nuisance or hazard. It shall not be unlawful for the aforementioned
materials to be placed at curbside on days scheduled for collection
of such items.
It shall be the responsibility of the owner,
occupant, tenant or manager of any residential or commercial property
to:
A.
Keep and cause to be kept the alleys, sidewalk and
curb area abutting and adjacent to the property free from obstructions
or nuisances of any kind, including, but not limited to, litter and
other offensive material.
B.
Place all litter or materials collected in a proper
container, so as not to constitute a nuisance, hazard or condition
conducive to the littering or scattering of collected materials.
C.
Insure that no litter or other accumulated material
be swept or deposited in any street, curb or gutter area, catch basin
or other public place, and that all sweepings or collected litter
and materials is properly placed in containers for disposal.
A.
Public places. No person shall deposit or sell any
handbill in or upon any public place; provided, however, that it shall
not be unlawful in any public place for any person to hand out or
distribute without charge to the receiver, any handbill to any person
willing to accept it.
B.
Private premises. No person shall deposit or sell
any handbill in or upon any private premises, except by handing or
transmitting any such handbill directly to the occupant of such private
premises; provided, however, that in case of private premises which
are not posted against the receiving of handbills or similar material,
such person, unless requested by anyone upon such premises not to
do so, may securely place any such handbill in such a manner as to
prevent such handbill from being deposited by the elements upon any
public place or other private premises, except mailboxes may not be
so used when prohibited by federal postal law or regulations.
C.
Vehicles. No person shall deposit any handbill in
or upon any vehicle unless the occupant of a vehicle is willing to
accept it.
D.
Cleanup. It shall be the responsibility of any person
distributing handbills to maintain the area which they are utilizing
free of any litter caused by or related to said handbill distribution.
E.
Exemption for newspapers and political and religious
literature. The provisions of this section shall not apply to the
distribution upon private premises only of newspapers or political
or religious literature, except that newspapers and political or religious
literature shall be placed in such a manner as to prevent its being
carried or deposited by the elements upon any public place or other
private premises.
A.
Enforcement of the regulations and requirements of
this chapter shall be the responsibility of the Code Enforcement Official
appointed by the Mayor and Council. Nothing in this chapter shall
prevent any other official of the Borough of Dunellen from issuing
a warning notice for a violation of the provisions of this chapter,
subject to formal action by the code enforcement official.
B.
The Code Enforcement Official shall have the power
to withhold strict enforcement of the requirements of this chapter,
provided that written application has been made by the person, owner,
occupant or manager subject to the penalties provided in this chapter,
and the violation is the first offense.
C.
Nothing in this chapter shall be construed to abrogate
or impair the powers of any department of the Borough of Dunellen
to enforce any provision of any other ordinance or regulation or prevent
the violation thereof.
A.
First violations will be addressed by a warning notice.
Second violations will subject the offender to a fine of $100 per
occurrence or violation. If the violation is of a continuing nature,
each day the violation continues will be considered a separate and
distinct offense.
B.
Violations in excess of 1/2 cubic yard of litter,
or which create a hazard to the health, safety or welfare of the general
public, will be subject to a fine of not more than $500 or 90 days
imprisonment for each day of occurrence or continuation.
C.
Other penalties can be imposed on violators for costs
connected with removal of improperly disposed litter or other materials
dumped on public or private property.
