[HISTORY: Adopted by the Mayor and Council
of the Borough of Atlantic Highlands as indicated in article histories.
Amendments noted where applicable.]
[Adopted 9-10-1968 by Ord. No. 548]
For the purpose of this article, the following
terms, phrases, words, and their derivations shall have the meaning
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.
The Borough of Atlantic Highlands.
Putrescible 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, deposited or stored as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling house, building, or other structures 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, ground, walk, driveway, porch, steps or
vestibule belonging or appurtenant to such dwelling, house building,
or other structure.
Any streets, sidewalks, alleys or other public ways and any
and all public parks, squares, spaces, grounds and buildings.
Any structure or building owned or operated by the federal,
county or state government or any governmental agency.
All putrescible solid wastes (except body wastes) including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, dismantled automobiles and parts thereof, scrap metal,
junk, machinery, and solid market and industrial wastes.
Nonputrescible solid wastes, consisting of both combustible
and noncombustible wastes, such as papers, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery, building materials 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.
No person shall throw or deposit litter in or
upon any street, sidewalk[1] or other public place within the Borough except in public
receptacles or in authorized private receptacles for collection; provided,
however, that said public receptacles shall not be used by persons
owning or occupying property in the vicinity of said public receptacles
for the deposit of domestic, commercial and industrial litter arising
from the conduct of said activities.
[1]
Editor's Note: For additional regulations
concerning uses of streets and sidewalks see Ch. 318, Streets and
Sidewalks.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such a manner
as to prevent it from being carried or deposited by the elements upon
any streets, sidewalk or other public place. No person shall burn
in the open any rubbish or garbage, or refuse, including wood, and
building debris except by permission of the Chief of the Fire Department.
This shall not be construed to prohibit outdoor cooking and the use
of normal fuel therefor.
No person shall sweep into or deposit in any
gutter, street or other public place within the Borough, 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.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or others owning
or occupying places of business within the Borough 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 Borough.
No person shall drive or move any truck or other
vehicle within the Borough unless such vehicle is so constructed or
loaded as to prevent any load or contents of litter from being blown
or deposited upon any street, alley or other public place.
No person shall throw or deposit litter in any
part within the Borough 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 to
other public places. 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.
No person shall throw or deposit litter in any
fountain, pond, lake, stream, bay or any other body of water in a
part or elsewhere within the Borough.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any sidewalk, street or other
public place within the Borough. 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 Borough for any person to hand out or
distribute, without charge to the receiver thereof, any noncommercial
handbill 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, 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 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.
A.
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 article, such person, unless
requested by anyone upon such premises not to do so, shall have the
authority to place or deposit any such handbill in or upon such inhabited
private premises, if such handbill is so placed or deposited as to
secure or 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 used when so prohibited by federal postal
law or regulations.
B.
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.
No person in any aircraft shall throw out, drop
or deposit with the Borough, 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 by the
owners thereof or required by law.
No person shall throw, deposit or store litter
on any occupied, private property within the Borough, 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 and removal of same in such manner that same shall not
be unsightly and detrimental to the surrounding neighborhood.
The owner or person in control of any private
property shall at all times maintain the premises free of litter,
particularly one or more automobile bodies, frames or chassis, one
or more automobiles unable to be self-propelled, or one or more abandoned
automobiles; provided, however, that this section shall not prohibit
the storage of litter in authorized private, receptacles for collection.
No person shall throw or deposit litter on any
open or vacant private property within the Borough whether owned by
such person or not.
[Amended 10-24-1989 by Ord. No. 952-89][1]
[Adopted 11-30-2005 by Ord. No. 26-2005]
This purpose of this article is to establish
requirements to control littering in the Borough of Atlantic Highlands
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
For the purpose of this article, 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.
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.
Whenever any litter is thrown or discarded or allowed
to fall from a vehicle or boat in violation of this article, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this article.
C.
Recycling Center.
[Added 3-9-2023 by Ord.
No. 05-2023]
(1)
It shall be unlawful for any person to throw, drop, discard, or otherwise
illegally dump or place any litter of any nature within the Borough
Recycling Center other than the following preapproved and posted materials
in the posted/defined areas:
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Preapproved and posted materials
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Recyclables: cardboard, newspapers, jars, cans, bottles (glass,
plastic #1 and #2, aluminum), tin, steel and bimetal cans
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Mixed paper: including catalogs, junk mail, letterhead, magazines,
phone books placed in container
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Car batteries
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Antifreeze
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Motor oil
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Brush: logs and long branches must be cut into 4 foot sections
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Leaves and yard waste: No grass clippings
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Pumpkins
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Metal Items
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Fire extinguishers
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Electronic items: including computers, TVs, phones
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Flags
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Items specifically prohibited from disposal at the recycling
yard are:
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Plastic bags
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Plastic tarps
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Styrofoam
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Florescent lights
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CFL light bulb
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Plastic margarine/butter tubs
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Baby wipe containers
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Paint cans, except those containing completely dried paint
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Household trash
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Bulk trash
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(2)
The use of the Atlantic Highlands Recycling Center facility is limited to the residents of Atlantic Highland. Persons who reside outside the municipality and discard litter of any material at the municipal recycling yard shall be considered to be committing an act of illegal dumping and are subject to the fines set forth in Subsection C(3).
(3)
Penalties. The person responsible for the violation of this Subsection C shall be subject to the following penalties:
(a)
First offense. For a first offense, the penalty shall be a maximum
amount of $500.
(b)
Second offense. For a second offense, the penalty shall be a
maximum fine in the amount of $1,500.
(c)
Third offense. For a third or subsequent offense, the penalty
shall be a maximum fine in the amount of $2,500.
The Police Department and/or Code Enforcement
Officer of the Borough of Atlantic Highlands shall enforce this article.
