[HISTORY: Adopted by the Mayor and Council
of the Borough of Stanhope as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-17-1985 by Ord. No. 1985-22]
For the purposes of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking or consumption of food.
Garbage, refuse and rubbish, as defined herein, and all other
junk or waste material which, if thrown, deposited or stored, as herein
prohibited, tends to create a danger to public health, safety and
welfare.
Any dwelling house, building or other structure designed
or used, whether 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 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 but not limited to paper, wrappings,
cigarettes, cardboard, tin cans, bedding, crockery, building materials
and other similar materials. Such definition shall not include such
hay, grass, straw, weeds, vegetable wastes, ashes or animal manures,
which are used by the individual homeowner as compost materials, provided
that such composting does not create a danger to public health, safety
and welfare.
No person shall throw or deposit litter in or
upon any street, sidewalk or other public place within the borough,
except in public receptacles or in authorized private receptacles
for collection, or in official sanitary landfills.
[Amended 7-26-1988 by Ord. No. 1988-20]
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. All such receptacles shall
be maintained by the persons responsible therefor in such a manner
as to prevent any litter stored therein from overflowing.
[Amended 7-26-1988 by Ord. No. 1988-20]
No person shall sweep into or deposit in any
gutter, street, catch basin 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. Such sweepings and/or accumulations
of litter shall be collected and properly containerized for disposal
as provided by law.
[Added 7-26-1988 by Ord. No. 1988-20]
Every owner, lessee, tenant, occupant or person
in charge of any building, structure or lot shall keep and cause to
be kept the sidewalk and curb abutting said building, structure or
lot free from any obstruction, nuisance, litter or other offensive
material.
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 throw, deposit or distribute
any commercial or noncommercial handbill in such a manner that it
will not be prevented from being blown or drifted about sidewalks,
streets or other public or private places.
No person shall post or affix any notice, poster
or other paper or device calculated to attract the attention of the
public to any lamppost, public utility pole or public shade tree or
upon any public structure or building, except as may be authorized
by the owners thereof or required by law. Any sign so authorized shall
be removed by the poster of said sign within 48 hours of the advertised
event.
[Amended 7-26-1988 by Ord. No. 1988-20]
Any truck or similarly utilized vehicle within
the borough shall be covered and its load and/or contents sufficiently
secured so as to prevent said load or contents from dropping, leaking
or otherwise escaping.
No person shall throw, deposit or store litter
on any 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 litter in such manner that it 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,
provided that this section shall not prohibit the storage of litter
in authorized private receptacles for collection.
[Added 7-26-1988 by Ord. No. 1988-20]
No person, owner, tenant, lessee or person in
charge of property in a residential zone shall store or permit to
be stored upon said property any bulky solid waste such as appliances,
furniture, mattresses or tires, except in a fully enclosed structure.
[Added 7-26-1988 by Ord. No. 1988-20]
No owner, lessee or person in charge of property
upon which construction of any description is taking place shall permit
or cause the accumulation or storage of debris on or around said premises
in such a manner that it is likely to be removed by natural forces
onto adjacent property.
[Added 7-26-1988 by Ord. No. 1988-20]
A.
Litter receptacles and their servicing shall be required
at the following public places within the borough, and the proprietors
or other persons in charge thereof shall be responsible for providing
and servicing of said receptacles so that adequate containerization
is available.
(1)
Sidewalks used by pedestrians in active retail commercially
zoned areas, such that there shall be no single linear quarter mile
without a receptacle.
(2)
Buildings held out for use by the public, including
schools, government buildings or bus stops.
(3)
Drive-in restaurants.
(4)
Parks.
(5)
Street-vendor locations.
(6)
Self-service refreshment areas.
(7)
Shopping centers.
(8)
Parking lots.
(9)
Beaches and bathing areas.
B.
Sponsors of special events to which the public is
invited, including sporting events, parades, carnivals, circuses and
festivals, shall be responsible for providing and servicing litter
receptacles at the sites of said events so that adequate containerization
is available.
[Amended 7-26-1988 by Ord. No. 1988-20; 10-3-1989 by Ord. No. 1989-19; 6-30-1998 by Ord. No. 1998-8]
Any person violating any provision of this article
shall, upon conviction, be punishable by a fine not exceeding $1,000
or imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof.
[Amended 7-26-1988 by Ord. No. 1988-20]
This article shall be enforced and administered
by the Code Enforcement Officer and the Police Department of the Borough
of Stanhope.
[Adopted 12-16-2008 by Ord. No. 2008-16]
For the purposes of this article, the following terms shall
have the meanings indicated:
The request, directly or indirectly, for money, credit, property,
financial assistance, or other thing of any kind of value. Solicitation
shall include, but not be limited to, the use or employment of canisters,
cards, receptacles or similar devices for the collection of money
or other thing of value. A solicitation shall take place whether or
not the person making the solicitation receives any contribution.
Notwithstanding any other provision of law to the contrary,
no person shall place, use or employ a donation clothing bin, for
solicitation purposes, unless all of the following requirements are
met:
A.
The person has obtained a permit, valid for a specified period of
time from the Borough, in accordance with the following:
(1)
In applying for such a permit, the person shall include:
(a)
The location where the bin would be situated, as precisely as
possible;
(b)
The manner in which the person anticipates any clothing or other
donations collected via the bin would be used, sold, or disbursed,
and the method by which the proceeds of collected donations would
be allocated or spent;
(c)
The name and telephone number of the bona fide office required pursuant to Subsection E of this section, of any entity which may share or profit from any clothing or other donations collected via the bin; and
(d)
Written consent of the property owner to place the bin on his
property.
B.
The Borough shall not grant an application for a permit to place,
use or employ a donation clothing bin if it determines that the placement
of the bin could constitute a safety hazard. Such hazards shall include,
but not be limited to, the placement of a donation clothing bin within
100 yards of any place which stores large amounts of, or sells, fuel
or other flammable liquids or gases.
C.
An expiring permit for a donation clothing bin may be renewed upon
application for renewal and payment of the fee imposed for such renewal.
Such application shall include:
(1)
The location where the bin is situated, as precisely as possible,
and, if the person intends to move it, the new location where the
bin would be situated after the renewal is granted and written consent
from the property owner to place the bin on his property;
(2)
The manner in which the person has used, sold, or disbursed any clothing
or other donations collected via the bin, the method by which the
proceeds of collected donations have been allocated or spent, and
any changes the person anticipates it may make in these processes
during the period covered by the renewal; and
D.
The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin, in addition to the information required pursuant to Subsection E of this section.
E.
The person, and any other entity which may share or profit from any
clothing or other donations collected via the bin, maintains a bona
fide office where a representative of the person or other entity,
respectively, can be reached at a telephone information line during
normal business hours for the purpose of offering information concerning
the person or other entity. For the purposes of this subsection, an
answering machine or service unrelated to the person does not constitute
a bona fide office; and
(1)
The following information is clearly and conspicuously displayed
on the exterior of the donation clothing bin:
(a)
The name and address of the registered person that owns the
bin, and of any other entity which may share or profit from any clothing
or other donations collected via the bin;
(b)
The telephone number of the person's bona fide office and,
if applicable, the telephone number of the bona fide office of any
other entity which may share or profit from any clothing or other
donations collected via the bin;
(c)
In cases when any entity other than the person who owns the
bin may share or profit from any clothing or other donations collected
via the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin, their proceeds, or both, may be shared, or given entirely
to, an entity other than the person who owns the bin, and identifying
all such entities which may share or profit from such donations; and
(d)
A statement, consistent with the information provided to the Borough in the most recent permit or renewal application in Subsections A and C of this section, indicating the manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold or disbursed, and the method by which the proceeds of collected donations would be allocated or spent.
A.
The Borough shall receive and investigate, within 30 days, any complaints
from the public about the bin. Whenever it appears to the Borough
that a person has engaged in, or is engaging in any act or practice
in violation of Section 2 of P.L.2007, c.209 (N.J.S.A. 40:48-2.60
et seq.) or this article, the person who placed the bin shall be issued
a warning, stating that if the violation is not rectified or a hearing
with the Borough is not requested within 45 days, the bin will be
seized or removed at the expense of the person who placed the bin,
and any clothing or other donations collected via the bin will be
sold at public auction or otherwise disposed of. In addition to any
other means used to notify the person who placed the bin, such warning
shall be affixed to the exterior of the bin itself.
B.
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the Borough may seize the bin, remove it, or have it
removed, at the expense of the person who placed the bin, and sell
at public auction or otherwise dispose of any clothing or other donations
collected via the bin. Any proceeds from the sale of the donations
collected via the bin shall be paid to the chief financial officer
of the Borough.
In addition to any other penalties or remedies authorized by
the laws of this state, any person who violates any provision of P.L.2007,
c.209 (N.J.S.A. 40:48-2.60 et seq.) or this article which results
in seizure of the donation clothing bin shall be:
A.
Subject to a penalty of up to $20,000 for each violation. The Borough
may bring this action in the municipal court or Superior Court as
a summary proceeding under the "Penalty Enforcement Law of 1999,"
P.L.1999, c.274 (N.J.S.A. 2A:58-10 et seq.), and any penalty monies
collected shall be paid to the chief financial officer of the municipality;
and
B.
Deemed ineligible to place, use or employ a donation clothing bin
for solicitation purposes pursuant to Section 2 of P.L.2007, c.209
(N.J.S.A. 40:48-2.61) and this article. A person disqualified from
placing, using or employing a donation clothing bin by violating the
provisions of P.L.2007, c.209 (N.J.S.A. 40:48-2.60 et seq.) and this
article may apply to the Borough to have that person's eligibility
restored. The Borough may restore the eligibility of a person who:
This ordinance shall take effect on February 1, 2009, after
passage and publication as required by law.
