City of Burlington, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Burlington by Ord. No. 8-1997 (Ch. 8.24 of the 1996 Municipal Code). Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 201.
Property maintenance — See Ch. 265.
Solid waste — See Ch. 300.
Streets and sidewalks — See Ch. 306.
Abandoned vehicles — See Ch. 340.
Vehicles and traffic — See Ch. 344.
As used in this chapter, the following terms shall have the meanings indicated:
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse and rubbish as defined herein, and all other waste material which, if thrown or deposited as required herein, tends to create a danger to public health, safety and welfare.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is Tier A Stormwater Guidance 68 owned or operated by the City or by any other public entity, and is designed and used for collecting and conveying stormwater.
[Added 11-10-2020 by Ord. No. 16-2020]
PERSON
As defined in § 1-15. For purposes of any fine, penalty or imprisonment the term "person" shall include the officer and directors of a corporation or other legal entity having officers and directors.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys, beaches or other public ways, and any and all public parks, squares, spaces, docks, grounds and buildings.
REFUSE
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.
RUBBISH
Nonputrescible solid wastes, consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
SOLID WASTE
Garbage, refuse and other discarded materials resulting from industrial, commercial or agricultural operations, or from domestic or community activities, and shall include all other waste materials, including liquids.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Added 11-10-2020 by Ord. No. 16-2020]
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including but not limited to cars, trucks, motorcycles, scooters, all-terrain vehicles (ATVs), bicycles, skateboards or any motorized or nonmotorized device operated on a roadway, as well as devices used exclusively upon stationary rails or tracks.
[Amended 11-10-2020 by Ord. No. 16-2020]
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Added 11-10-2020 by Ord. No. 16-2020]
[Amended 7-21-2009 by Ord. No. 13-2009; 6-14-2011 by Ord. No. 05-2011; 11-10-2020 by Ord. No. 16-2020]
A. 
No person shall sweep, throw, deposit, or otherwise discard litter or waste of any nature other than in a litter receptacle, or having done so, to allow such litter to remain. This prohibition shall include any occupied, open or vacant property, whether owned by such person or not, whether public or private, in or upon any street, sidewalk, park, or other public place, or into any part of the public water or sewer infrastructure, or into any pond, lake, stream or other body of water within the City, except in public receptacles or in authorized private receptacles for collection. 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 street, sidewalk or other public place, into the City's stormwater or sanitary infrastructure, or upon private property.
The City shall provide litter receptacles at the linear quarter mile in active retail commercially zoned areas and in parks. Persons owning or controlling buildings held out for use by the public, including schools, government buildings and railroad and bus stations; drive-in restaurants; self-service refreshment areas; construction sites; gasoline service stations; shopping centers; parking lots; campgrounds; marinas, boat moorage and fueling stations; boat launching areas and other similar uses shall provide adequate litter receptacles. The sponsor of any special event to which the public is invited, such as sporting events, parades, carnivals and festivals, shall be responsible for providing adequate receptacles and providing for their servicing.
[Amended 11-10-2020 by Ord. No. 16-2020]
A. 
No person, while a driver or passenger in a vehicle or boat, shall throw or deposit litter upon any street, gutter, sewer, storm drain, storm basin, catch basin sewer or sanitary conduit or other public place or into any part of the public water or sewer infrastructure within the City or upon private property.
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.
No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded 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 onto or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.
No person shall bring, remove, transport or collect any litter from outside the City or into the City for the purpose of dumping or disposing thereof, unless authorized by the City. No truck or other vehicle containing litter which has been transported into the City shall be parked or allowed to remain standing on any street in the City or any public property for a period in excess of two hours.
[Amended 11-10-2020 by Ord. No. 16-2020]
No person shall discard or dump any household, commercial or industrial solid waste in any place not specifically designated for the purpose of solid waste storage or disposal. All contractors, commercial entities and commercial property owners (including for residential properties) shall comply with the provisions of applicable state and county regulations as well as all provisions of City Code relating to the disposal of trash, construction debris and/or industrial waste.
[Amended 11-10-2020 by Ord. No. 16-2020]
A. 
Stream dumping. In order to protect public health, safety and welfare, the spilling, dumping, leaking, or otherwise discharging of liquids, semiliquids or solids from the containers to the municipal separate storm sewer system operated by the City of Burlington and/or the waters of the state is strictly prohibited. No person shall discard or dump any household, commercial or industrial solid waste in a stream, river, or waterway in the City or into any storm drain, storm basin, catch basin, sewer or sanitary conduit or other public place or part of the public water or sewer infrastructure within the City. Violation of these provisions as to stream dumping shall result in the heightened fines and penalties set forth in this chapter.
B. 
No person, including merchants owning or occupying a place of business or a contractor disposing of contract or construction waste, shall sweep into or deposit in any gutter, street, sewer, storm drain, storm basin, catch basin sewer or sanitary conduit or other public place or part of the public water or sewer infrastructure within the City.
[Amended 11-10-2020 by Ord. No. 16-2020]
Each person owning any property, building or structure within the City shall keep, and cause to be kept, the sidewalk and curb abutting such property, building or structure and all areaways, backyards, courtyards, and alleys free from litter, trash, debris, waste or recyclable materials. The accumulation of litter, trash, debris, waste (including construction or similar waste) or recyclable materials from any building or lot or from any public or private sidewalk or driveway is prohibited.
Open or overflowing commercial, industrial or residential waste disposal bins are prohibited.
[Amended 9-16-2008 by Ord. No. 17-2008; 4-9-2019 by Ord. No. 03-2019; 11-10-2020 by Ord. No. 16-2020]
The minimum penalty for violation of each section of this chapter, except §§ 217-7 and 217-8, is $300. The minimum penalty for violation of § 217-7 or § 217-8 is $1,000. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation. Any person convicted of a first offense under § 217-2 shall be subject to a minimum fine of $224, payable through the Violations Bureau. Notwithstanding the same, any person convicted of a third or subsequent offense pursuant to this section shall face a minimum fine of $500 and a jail term of up to 90 days.