[HISTORY: Adopted by the Township Committee of the Township of Alloway 9-8-1988 by Ord. No. 246. Amendments noted where applicable.]
It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than a litter receptacle.
"Litter" means 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, newspaper, 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.
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear 1/4 mile without a receptacle; buildings held out for use by the public, including schools, government buildings and railroad and bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service stations 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.
"Litter receptacle" means a container suitable for the depositing of litter.
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 or 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.
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:
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.
No person shall throw or deposit litter in any pond, lake, stream, bay or any other body of water in a park or elsewhere within the Township.
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.
[Added 8-18-2011 by Ord. No. 458]
The owner of lands lying within the Township of Alloway is hereby required to remove or cause to be removed: any abandoned refrigerators, washing machines, old furniture, abandoned and cast-out junk of various sorts, brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, tires, trash and debris within the time contained in a Notice advising of same which shall not be less than 72 hours or more than 10 days from the date the Notice is received or presumed received (as described hereafter) by the owner of the property as reflected on the current tax bill.
[Added 8-18-2011 by Ord. No. 458]
Notice to the owner to cause the removal of the substances referred to in the preceding section shall be given by a Township employee and may be served upon the owner, either personally or by registered mail, return receipt requested, and regular mail. If service is made by registered mail, the time period within which such removal shall be accomplished shall he deemed to have commenced on the date of receipt as reflected on the return receipt of the registered mail obtained by the postal authority for the delivery of such registered notice or, if not claimed, and the regular mailing is not returned, then the time period shall commence three days after the mailing.
Every such notice shall, in addition to requiring the removal, advise the owner that failure to accomplish such removal within the time stated therein will result in removal under the direction of an appropriate Township employee, and the cost of such removal shall be charged to the owner of such lands and shall be payable to the Township within 30 days after date of submission of the charges. Unless such charges are paid within the thirty-day period, the costs as assessed shall become a lien upon the lands and shall be collected as provided by law.
[Added 8-19-2010 by Ord. No. 448; amended 8-18-2011 by Ord. No. 458]
Whenever an owner of lands within the Township receiving notice provided for by the preceding section tails or neglects, within the prescribed time, to effect removal of such substances, such removal shall be accomplished under the direction of the appropriate Township employee.
The removal shall be accomplished in either of the two following methods: by use of the township employees or through an independent contractor approved by the Township.
Retention and approval of the independent contractor shall be accomplished in accordance with the provisions of N.J.S.A. 40A:11-1, et seq.
Where the removal is accomplished by Township employees, an accurate record of the cost of such removal shall be determined by an appropriate Township employee, who shall certify the cost thereof to the governing body, which cost shall include time, labor, materials and equipment. Any bills submitted by an independent contractor pursuant to the provisions of N.J.S.A. 40A:11-1, et seq. shall likewise be submitted to the governing body, and an appropriate Township official shall certify that the work specified in the statement submitted by the independent contractor was, in fact, performed.
If the governing body finds the certification correct, the cost shall be charged against the lands, and the amount charged shall become a lien upon the lands and shall he added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
[Amended 9-16-2010 by Ord. No. 449; 8-18-2011 by Ord. No. 458]
Any person who shall violate any of the provisions of this article or fail to comply with any notice given in accordance with this article shall, upon conviction thereof, he subject to a fine not in excess of $500 or imprisonment not in excess of 90 days, or both.
Any such penalties shall be imposed in addition to the cost of removing the substances hereinbefore referred to upon the lands described in the notice given.
For purposes of this article, each day on which such a condition exists after the expiration of the notice period shall he deemed or constitute a separate offense under this article, and separate complaints may be filed for each such offense.