[HISTORY: Adopted by the Common Council of
the City of Linwood 7-8-1970. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Antilitter and Weed Control Ordinance of the City of Linwood."
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein. 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 contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle.
The City of Linwood, New Jersey.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter of literature:
Which advertises for sale any merchandise, product,
commodity or thing.
Which directs attention to any business or mercantile
or commercial establishment, or other activity, for the purpose of
either directly or indirectly promoting the interest thereof by sales.
Which directs attention to or advertises any
meeting, theatrical performance, exhibition or event of any kind for
which an admission fee is charged for the purpose of private gain
or profit; but the terms of this clause shall not apply where an admission
fee is charged or a collection is taken up for the purpose of defraying
the expenses incident to such meeting, theatrical performance, exhibition,
or event of any kind, when either of the same is held, given or takes
place in connection with the dissemination of information which is
not restricted under the ordinary rules of decency, good morals, public
peace, safety and good order; provided, that nothing contained in
this clause shalt be deemed to authorize the holding, giving or taking
place of any meeting, theatrical performance, exhibition or event
of any kind without a license, where such license is or may be required
by any law of this state, or under any ordinance of this City.
Which, while containing reading matter other
than advertising matter, is predominantly and essentially an advertisement,
and is distributed or circulated for advertising purposes, or for
the private benefit and gain of any person so engaged as advertiser
or distributor.
Animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
"Garbage," "refuse" and "rubbish," as defined herein, and
all other waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
For any "newspaper" of general circulation as defined by
general law, any "newspaper" duly entered with the Post Office Department
of the United States, in accordance with federal statute or regulation,
and any "newspaper" filed and recorded with any recording officer
as provided by general law; and, in addition thereto, shall mean and
include any periodical or current magazine regularly published with
not less than four issues per year and sold to the public.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original, or copies of any
matter of literature not included in the aforesaid definitions of
a "commercial handbill" or "newspaper."
A park, reservation, playground, boardwalk, beach, recreation
center or any other public area in the City owned or used by the City
and devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling house, building or other structure designed
or used, either wholly or in part, for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house
or building or other structure.
Any and all streets, sidewalks, beach, boardwalk, boulevards,
alleys or other public ways and any and all public parks, squares,
spaces, grounds and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard grass, clippings, leaves, wood, glass, bedding, crockery
and similar materials.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
A.
No person shall throw or deposit litter in or upon
any street, sidewalk, beach, boardwalk or other public place or upon
any private property, without complying with the State Sanitary Code
for landfills, within the City, except in public receptacles, in authorized
private receptacles for collection or in official City dumps.
B.
However, the depositing of litter is hereby permitted
in and upon any street, sidewalk and/or curb, provided that the litter
has been deposited in a reasonable manner and reasonable place for
purposes of collection by the City Street Department or any other
authorized agency of the City of Linwood concerned with the collection
and/or disposal of litter.
[Amended 3-28-1990 by Ord. No. 1-1990]
Person placing litter in public receptacles
or in authorized private receptacles shall do so in such manner as
to prevent it from being carried or deposited by the elements upon
any street, sidewalk or other public place or upon private property.
Litter receptacles and their servicing are required in the following
locations: pedestrian walkways; shopping malls; active retail commercially-zoned
areas, such that at a minimum there should 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; all street vendor locations; self-service refreshment areas;
construction sites; gasoline service station islands; shopping centers;
parking lots; 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.
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.
A.
No person shall sweep into or deposit in any gutter,
street or other public place within the City the accumulation of litter
from any building or lot or from any public or private sidewalk or
driveway. Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter.
B.
However, the depositing of litter is hereby permitted
in and upon any street, sidewalk and/or curb, provided that the litter
has been deposited in a reasonable manner and reasonable place for
purposes of collection by the City Street Department or any other
authorized agency of the City of Linwood concerned with the collection
and/or disposal of litter.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the City the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons
owning or occupying places of business within the City shall keep
the sidewalk in front of their business premises free of litter.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street or other public
place within the City or upon private property.
[Amended 3-28-1990 by Ord. No. 1-1990]
No person shall drive or move any vehicle or
other vehicle within the City unless such vehicle is so constructed,
loaded or covered as to prevent any load, contents or litter from
being blown or deposited upon any street, alley or other public place,
nor shall any person drive or move any vehicle or truck within the
City, the wheels or tires of which carry into or deposit in any street,
alley or other public place, mud, dirt, sticky substances, litter
or foreign matter of any kind.
No person shall throw or deposit litter in any
park within the City except in public receptacles and in such a manner
that the litter will be prevented from being carried or deposited
by the elements upon any part of the park or upon any street or other
public place. Where public receptacles are not provided, all such
litter shall be carried away from the park by the person responsible
for its presence and properly disposed of elsewhere, as provided herein.
No person shall throw or deposit litter in any
fountain, pond, bay, stream or any other body of water in a park or
elsewhere within the City.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any sidewalk, street or other
public place within the City, nor shall any person hand out or distribute
or sell any commercial handbill in any public place. Provided, however,
that it shall not be unlawful on any sidewalk, street or other public
place within the City for any person to hand out or distribute, without
charge to the receiver thereof, said material to any person willing
to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any vehicle. Provided, however,
that it shall not be unlawful in any public place for a person to
hand out or distribute, without charge to the receiver thereof, a
noncommercial handbill to any occupant of a vehicle who is willing
to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
No person shall throw or deposit or distribute
any commercial or noncommercial handbill upon any private premises,
if requested by anyone thereon not to do so, or if there is placed
on said premises in a conspicuous position, near the entrance thereof,
a sign bearing the words: "No Trespassing," "No Peddlers or Agents,"
"No Advertisement," or any similar notice indicating in any manner
that the occupants of said premises do not desire to be molested or
have their right of privacy disturbed, or to have any such handbills
left upon such premises.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill in or upon private premises
which are inhabited, except by handing or transmitting any such handbill
directly to the owner, occupant or other person then present in or
upon such private premises. Provided, however, that in case of inhabited
private premises which are not posted, as provided in this chapter,
such person, unless requested by anyone upon such premises not to
do so, may place or deposit any such handbill in or upon such inhabited
private premises if such handbill is so placed or deposited as to
be secure, or to prevent such handbill from being blown or drifted
about such premises or sidewalks, streets or other public places,
and except that mailboxes may not be so used when so prohibited by
federal postal law or regulations.
A.
Exemption for mail and newspapers. The provisions
of this section shall not apply to the distribution of mail by the
United States, nor to newspapers (as defined herein), except that
newspapers shall be placed on private property in such a manner as
to prevent their being carried or deposited by the elements upon any
street, sidewalk or other public place or upon private property.
No person in an aircraft shall throw out, drop
or deposit within the City any litter, handbill or any other object.
No person shall post or affix any notice, poster
or other paper or device, calculated to attract the attention of the
public, to any lamp post, public-utility pole or shade tree, or upon
any public structure or building, except as may be authorized or required
by law.
No person shall throw or deposit litter on any
occupied private property within the City, whether owned by such person
or not, 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 street, sidewalk or other public place or upon
any private property.
The owner or person in control of any private
property shall at all times maintain the premises free of litter.
Provided, however, that this section shall not prohibit storage of
litter in authorized receptacles for collection.
No person shall throw or deposit litter on any
open or vacant private property within the City, whether owned by
such person or not.
A.
Notice to remove. The Health Department is hereby
authorized and empowered to notify the owner of any open or vacant
private property within the City, or the agent of such owner, to properly
dispose of litter located on such owner's property which is dangerous
to public health, safety or welfare. Such notice shall be by registered
mail, addressed to said owner at his last known address.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of written notice provided for in Subsection A. above, or within 15 days after the date of such notice, in the event the same is returned to the City Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the Health Department is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the City.
C.
Charge included in tax bill. When the City has effected
the removal of such dangerous litter, or has paid for its removal,
the actual costs thereof, plus accrued interest at the rate of 6%
per annum from the date of the completion of the work, if not paid
by such owner prior thereto, shall be charged to the owner of such
property on the next regular tax bill forwarded to such owner by the
City, and said charge shall be due and payable by said owner at the
time of payment of such bill.
D.
Recorded statement constitutes lien. Where the full amount due the City is not paid by such owner within 30 days after the disposal of such litter, as provided for in Subsections A and B, above, then and in that case, the Health Department shall cause to be recorded in the Tax Collector's office of the City a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done, The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of 8% in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement, and that the same is due and collectible, as provided by law. Said lien may be sold and assigned or foreclosed upon by the City in the same manner and to the same extent as a lien for unpaid taxes assessed on said property.
[Added 3-28-1990 by Ord. No. 1-1990]
No person shall discard or dump any household
or commercial solid waste in any place not specifically designated
for the purpose of solid waste storage or disposal.
A.
A code declaring ragweed and poison ivy to be a nuisance,
providing for removal or abatement thereof and recovery of expenses
incurred by the Board of Health in removing or abating such nuisance,
and prescribing penalties for violations, is hereby established pursuant
to Chapter 188, Laws of 1950. A copy of said code is annexed hereto
and made a part hereof without the inclusion of the text thereof herein.
B.
Said code established and adopted by this chapter
is described and commonly known as the "Weed Control Code of New Jersey
(1953)."
C.
Three copies of said "Weed Control Code of New Jersey
(1953)" have been placed on file in the office of the Chairman of
this local Board of Health upon the introduction of this chapter and
will remain on file there for the use and examination of the public
so long as said ordinance is in effect.
[Added 9-25-2013 by Ord. No. 19-2013]
It shall be unlawful for any property owner, agent, or contractor
that is in responsible charge of a construction or demolition site
to permit the accumulation of litter before, during, or after the
completion of any construction or demolition project. Accordingly,
it shall be the responsibility of any property owner, agent, or contractor
in responsible charge of a construction or demolition site to comply
with the following:
A.
Furnish
containers adequate to accommodate flyable material or nonflyable
debris and/or trash at areas on the construction or demolition site
convenient to the active area of construction or demolition; and to
maintain and empty said containers in such a manner and with such
frequency as to prevent spillage or wind-driven transport of such
material and/or debris. The Construction Official may require covering
of container if frequency of emptying is determined by said Construction
Official not to be adequate.
B.
Erect
a solid wood or plastic construction fence a minimum of two feet in
height seated firmly on the existing grade about the entire perimeter
of the construction site.
C.
Store
all material, supplies, equipment, and machinery on the construction
site with proper security lighting.
D.
Should
portable toilets be utilized, said units shall be located fully within
the construction fencing on such property with the entrance door to
the unit facing away from the street right-of-way. Under no circumstances
shall the unit be placed within any municipal or county street right-of-way.
E.
Provide
a mechanism for control of vermin if determined by Construction Official
that the site is the cause for vermin reported to said office.
A.
Any person violating any of the provisions of this
chapter shall, upon conviction in the Municipal Court of Linwood,
be punished for each offense by a fine not to exceed $200 or by imprisonment
for any term not exceeding 90 days in the county jail or in any place
provided by the municipality for the detention of prisoners, or both.
The Municipal Court Judge before whom any person is convicted of violating
this chapter shall have power to impose any fine or term of imprisonment
not exceeding the maximum fixed in this chapter.
B.
In default of the payment of any fine imposed hereunder,
any person convicted of any violation may, in the discretion of the
Municipal Court Judge by whom he was convicted, be imprisoned in the
county jail or place of detention provided by the municipality for
any term not exceeding 90 days.
Ordinance No. 37-1 et seq., enacted on June
14, 1967, entitled "Property Care and Maintenance" is hereby repealed.
