[HISTORY: Adopted by the Township Committee of the Township
of Delaware by Ord. No. 70-3; amended in its entirety by Ord. No. 1991-16 (Sec. 3-2.3 of the 1985 Revised
General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 268.
It shall be unlawful for any person to throw, drop, discard,
or otherwise place litter of any nature outdoors upon any public or
private property, other than in a litter receptacle, or at a spot
where the litter is to be picked up for recycling, or for disposal
as permitted by the County Solid Waste Management Plan.
Any used or unconsumed substance or waste material which
is man-made and 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, newspaper,
magazines, glass, metal, plastic or paper containers or other packaging
or construction material, but does not include the waste of primary
processes of mining or other extraction processes, logging, sawmilling,
farming or manufacturing.
A.
Litter receptacles and their servicing are required at the following
public places which exist in the Township: buildings held out for
use by the public, including schools, and government buildings; 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.
B.
"Litter receptacle" means a container suitable for the depositing
of litter.
It shall be unlawful for any person to discard or dump along
any public 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 the storage of tires in areas zoned residential, except
in a fully enclosed structure or during days designated for the collection
of tires.
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
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 non-flyable 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 unlawful for any residential or commercial property
owner to permit any overflowing outdoor waste disposal bin on his
or her property.
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
sidewalks, backyards, courts and alleys free from litter. 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.
Any person, firm or corporation violating any provision of this
subsection shall be punished by a fine of not exceeding $500 or by
imprisonment for a term not exceeding 90 days, or both; and each day
that such violation shall occur shall constitute a separate offense.
