As used in this chapter, the following terms
shall have the meanings indicated:
CONTAINERIZED
The placement of grass clippings and leaves in a trash can,
bucket, bag or other vessel, such as to prevent the grass clippings
or leaves from spilling or blowing out into the street and coming
into contact with stormwater.
[Added 9-19-2005 by Ord. No. 25-2005]
GARBAGE
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse and rubbish, as defined herein, 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 and all other waste material which, if thrown
or deposited as herein prohibited, tends to create a danger to public
health, safety and welfare.
[Amended 9-19-2005 by Ord. No. 25-2005]
LITTER RECEPTACLE
A container suitable for the depositing of litter.
[Added 9-19-2005 by Ord. No. 25-2005]
PERSON
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
[Added 9-19-2005 by Ord. No. 25-2005]
PUBLIC PLACE
Includes all streets, roads, highways, sidewalks, parking
lots, alleys or other public ways, and any and all public buildings,
parks, squares, spaces, grounds and recreation areas.
REFUSE
All putrescible and nonputrescible solid waste (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, bottles, yard clippings, leaves, wood, glass, bedding, crockery
and similar materials.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing state, county, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
[Added 9-19-2005 by Ord. No. 25-2005]
[Added by Ord. No. 8-1982; amended by Ord. No. 33-1989; Ord. No. 46-2003; 9-19-2005 by Ord. No. 25-2005]
A. Disposal
of grass clippings. It shall be unlawful for any person to dispose
of grass clippings by depositing them in any catch basin or sewer
or by leaving them along any curbline or gutter. To the extent necessary
in order to assemble and accumulate grass clippings, the same may
temporarily be placed in a gutter or along a curbline so long as they
are not left there permanently (i.e., any longer than reasonably necessary
in the assemblage or gathering process). In addition, no person shall
dispose of grass clippings by placing them or causing them to be placed
(i.e., through air blowers or other mechanical equipment) upon adjacent
property. Grass clippings may only be disposed of if containerized.
B. Disposal of leaves. It shall be unlawful for any person to dispose of leaves by depositing them in any catch basin or sewer or by leaving them along any curbline or gutter. To the extent necessary in order to assemble and accumulate leaves, the same may temporarily be placed in a gutter or along a curbline so long as they are not left there permanently (i.e., any longer than reasonably necessary in the assemblage or gathering process). In addition, no person shall dispose of leaves by placing them or causing them to be placed (i.e., through air blowers or other mechanical equipment) upon adjacent property. Leaves may only be disposed of if containerized, except during the leaf disposal period as defined in Subsection
B(2). For purposes of this section, adjacent property shall not be deemed to refer to the curbline or gutter of that portion of a public street that may be adjacent to the property from which the leaves are being disposed.
(1) Leaves may be placed at the curbline or in the gutter of that portion of the public street adjacent to the property from which the leaves are being disposed of but only during the leaf disposal period of time and dates as defined in Subsection
B(2). Leaves shall not be placed closer than 10 feet to any storm drain inlet or catch basin and may be in the street gutter only for a maximum period of seven days before their actual collection.
(2) The
leaf disposal period shall be that period of scheduled time and dates
as shall be announced by the Township Manager or Township Engineer
by giving two weeks’ advance notice prior to the period’s
commencement, which notice shall be:
(a) Prominently posted in at least one public place reserved for such
or similar announcements;
(b) Published in at least one newspaper which is circulated within the
Township; and
(c) Filed with the Township Clerk.
C. All persons residing on Essex County roads (Beaufort
Avenue; East Cedar Street; Eisenhower Parkway; East/West Hobart Gap
Road; Kennedy Parkway; Laurel Avenue; South/North Livingston Avenue;
East/West Northfield Road; Old Short Hills Road; Parsonage Hill Road;
Passaic Avenue; Shrewsbury Drive; South Orange Avenue; and Walnut
Street) and State Highway Rt. 10 (East/West Mt. Pleasant Avenue) are
required to place leaves for disposal in bags which have either been
provided by the Township or their equivalent. No leaves for disposal
may be placed at the curbline of the above-listed streets.
[Added by Ord. No. 46-2003]
Any brush or branches placed at the curbline
for disposal must be cut in lengths not to exceed three feet and must
be tied or bundled.
No person owning or occupying a place of business
shall sweep or deposit, or cause, suffer or permit to be swept or
deposited, in any gutter, street or other public place within the
Township, 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 Township shall keep the sidewalks, walkways,
driveways, parking areas, and other public areas adjacent to their
business premises free of litter.
No person shall throw, place or deposit any
litter, or cause, suffer or permit any litter to be thrown, placed
or deposited, upon any occupied or unoccupied private property or
upon any vacant lot within the Township, whether owned by such person
or not, except that the owner or person in control of such property
or lot may maintain authorized private receptacles for private collection,
and then only in such manner as to prevent the litter from being carried
or deposited by the elements upon any street, sidewalk or other public
place or upon other private property.
No person shall throw, place or deposit any
litter, or cause, suffer or permit any litter to be thrown, placed
or deposited, in any public or private fountain, pond, stream, brook
or other body of water within the Township.
No newspaper shall be deposited upon walkways,
driveways, or landscaped areas of any private property. 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 other private property.
[Amended 9-6-2011 by Ord. No. 29-2011]
No person shall post or affix any notice, poster or other paper
or device calculated to attract the attention of the public, nor cause,
suffer or permit the same to be posted or affixed, to any tree, lamppost,
public utility pole or traffic signs within the municipal right-of-way
or upon any public building or structure, except as may be permitted
or required by law.
No person shall transport paper by truck or
other vehicle within the Township unless the paper is fully and completely
covered by canvas, tarpaulin or similar material. The covering shall
be securely fastened as to prevent any paper from being blown or deposited
upon any street, alley, or other public place or private premises.
Unless another penalty is expressly provided
herein, any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $500,
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.