[HISTORY: Adopted by the Township Committee of the Township of Elk 6-1-1978. Amendments noted where applicable.]
Property maintenance — See Ch. 110.
As used in this chapter, the following terms shall have the meanings indicated:
- Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.[Added 2-1-1979]
- 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,
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 extraction process,
logging, sawmilling, farming or manufacturing.[Added 2-1-1979; amended 9-1-1988]
- LITTER RECEPTACLE
- A container suitable for the depositing of litter.[Added 9-1-1988]
- PUBLIC PLACE
- Any place to which the public has access and shall include any street, highway, road, alley or sidewalk. It shall also include the front or the neighborhood of any store, shop, restaurant or other place of business and public grounds, areas, parks, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this chapter.
- All putrescible solid waste, including garbage, rubbish,
street cleanings, dead animals, abandoned automobiles, dismantled
automobiles and parts thereof, scrap metal and junk machinery, and
solid market and industrial waste.[Added 2-1-1979]
- Nonputrescible solid waste, consisting of both combustible
and noncombustible waste, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery,
building materials and similar materials.[Added 2-1-1979]
[Amended 2-1-1979; 6-7-1979; 9-1-1988]
Littering prohibited. It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than in a litter receptacle.
Use of litter receptacles. 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.
Illegal dumping. It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, 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.
Storage of household solid waste. It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, in areas zoned residential, except in a fully enclosed structure or during days designated for the collection of bulky items.
Storage of tires. It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential, except in a fully enclosed structure or on days designated for the collection of tires.
Inoperable vehicles. It shall be unlawful for any person to keep or permit the keeping on streets, vacant lots and residential lawns, except in a fully enclosed structure, any motor vehicle, trailer or semitrailer which is missing tires, wheels, engine or any essential parts; or which displays extensive body damage or deterioration; or which does not display a current, valid state license; or which is wrecked, disassembled or partially disassembled.
Uncovered vehicles. It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom. 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 cost therefor.
Construction sites. 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 construction areas, and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
Open or overflowing waste disposal bins. It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
Commercial establishments and residences. 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 the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind, and to keep sidewalks, areaways, 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. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free of litter. All sweepings shall be collected and properly containerized for disposal.
No person shall cast or throw any stick, stone or other substance or shall shoot from any airgun, pistol, or rifle any shot or projectile at, against or into any car, automobile, person or property of another.
No person shall place any material, fluid or substance to be in or on any surface of any public place which impedes, obstructs or makes dangerous travel thereon.
Posting of notices. No person shall post or affix any notice, poster solicitation or other paper or device calculated to attract the attention of the public to any lamppost, public utility pole, shade tree or upon any public structure or building, except as may be authorized or required by law.
[Added 5-6-2010 by Ord. No. O-2010-24]
[Amended 9-1-1988; 5-6-2010 by Ord. No. O-2010-24; 9-20-2016 by Ord. No. O-7-2016]
Any person or entity who is convicted of violating this chapter shall be subject to any one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; and/or by a fine not exceeding $2,000; and/or by a period of community service not exceeding 90 days. If the violation is of a continuing nature, each day which it continues shall constitute a separate and distinct offense.
Any person who is convicted of violating the same provision of this chapter within one year of the date of a previous violation of this chapter, and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the chapter, but shall be calculated separately from the fine imposed for the initial violation of this chapter.