[HISTORY: Adopted by the Mayor and Council of the Borough of Ho-Ho-Kus 8-23-1988 by Ord. No. 629.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Improper disposal of waste — See Ch. 32.
Property maintenance — See Ch. 47.
Public scavengers — See Ch. 48.
Recycling — See Ch. 52.
Solid waste — See Ch. 64.
[1]
Editor's Note: This ordinance also repealed former Ch. 34, Littering and Rubbish, adopted as follows: Art I, 5-22-2005 by Ord. No. 6; Art. II, 8-28-1962 by Ord. No. 388.
[Amended 11-28-1989 by Ord. No. 648]
As used in this chapter, the following definitions shall apply:
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Any used or consumed 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 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.
[Amended 2-28-2006 by Ord. No. 906]
LITTER RECEPTACLE
A container suitable for the depositing of litter.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
[Amended 2-28-2006 by Ord. No. 906]
PUBLIC PLACE and PUBLIC BUILDING
To be construed so as to severally mean any and every public place or building within the Borough which is within the jurisdiction and control of the municipality, which is or may be in general use by all citizens and in which all have an equal right of passage at will.
REFUSE
All putrescible solid wastes (except body wastes), including garbage, street cleanings and dead animals.
RUBBISH
Nonputrescible solid or liquid wastes, consisting of both combustible and noncombustible wastes, such as papers, wrappings, cigarettes, cardboard, tin cans, glass, bedding, crockery, gasoline, oil or other chemical wastes, abandoned automobiles, dismantled automobiles and parts thereof, scrap metal, junk, machinery and solid market and industrial wastes, building materials and similar materials.
STREET
To be construed so as to include highways, roads, avenues, boulevards, courts, public lanes, alleys, sidewalks, footpaths and all other public highways for vehicular or pedestrian travel.
[Amended 2-28-2006 by Ord. No. 906]
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 chapter, the operator or owner or both of the motor vehicle or boat shall also be deemed to have violated this chapter.
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.
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.
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.
A. 
It shall be unlawful for any residential property owner to park or permit the parking of any vehicle on his or her residential lawn.
B. 
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, an engine or any essential parts; which displays extensive body damage or deterioration; which does not display a current, valid state license; or which is wrecked, disassembled or partially disassembled.
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, sifting, 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 costs therefor.
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.
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 throw, put or place or cause to be thrown, put or placed in any stream or ditch in the Borough of Ho-Ho-Kus any litter, substance, matter or thing whatsoever whereby the free and unobstructed use of the stream or ditch may be in any way impeded or interfered with or whereby the same may be rendered unsightly, unsanitary or polluted.
A. 
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including:
(1) 
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.
(2) 
Buildings held out for use by the public, including schools, government buildings and railroad and bus stations.
(3) 
Parks.
(4) 
Drive-in restaurants.
(5) 
All street vendor locations.
(6) 
Self-service refreshment areas.
(7) 
Construction sites.
(8) 
Gasoline service stations islands.
(9) 
Shopping centers.
(10) 
Parking lots.
(11) 
Campgrounds and trailer parks.
(12) 
Marinas, boat moorage and fueling stations.
(13) 
Boat launching areas.
(14) 
Public and private piers operated for public uses.
(15) 
Beaches and bathing areas.
(16) 
At special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals.
B. 
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.
A. 
Any person or entity who shall violate any of the provisions of this chapter or any order promulgated hereunder shall, after a summon is issued under the terms hereof, upon conviction, be punished as follows:
(1) 
For a first offense, by a fine not to exceed $50.
(2) 
For a second offense, by a fine not to exceed $100.
(3) 
For a third or any subsequent offense, by a fine not to exceed $250 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment.
B. 
Each violation of any of the provisions of this chapter and each day that each such violation shall continue shall be deemed to be a separate and distinct offense.
[Added 11-28-1989 by Ord. No. 648[1]]
A. 
No person shall throw, put or place or cause or permit to be thrown, put or placed into, upon or within any street, public place, parking lot or public building any substance, matter or thing whatsoever whereby the safe, free or unobstructed use of the same by the public may be in any way impeded or interfered with or whereby the same may be rendered unsightly in appearance; provided, however, that nothing herein contained shall prohibit the deposit of any such material in any public or private receptacles approved by the Borough Council for such purpose.
B. 
It shall be unlawful for any person to place or cause to be placed or to hire another person to place any advertisement, handbill or unsolicited material of any kind in or on any street, sidewalk, building or vehicle within the community in such manner that it may be removed by natural forces.
[1]
Editor's Note: Pursuant to the Borough, the addition of this section required the renumbering of former §§ 34-14, Repealer, and 34-15, When effective, as §§ 34-15 and 34-16, respectively.
All ordinances or parts of ordinances inconsistent with the provisions hereof are hereby repealed to the extent of the inconsistency, and, specifically, former Chapter 34 of the Code of the Borough of Ho-Ho-Kus is hereby repealed.