[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank as Sec. 3-2 of the 1987 Revised General Ordinances. Amendments
noted where applicable.]
[Amended by Ord. No. 1989-15; Ord. No. 2005-41]
A.Â
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, or having done so, to allow such litter
to remain.
B.Â
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.
[Amended by Ord. No. 1989-15; Ord. No. 2005-41]
The following definitions shall be applicable to this chapter:
Any cigarette, cigar or any portion thereof, whether lit
or unlit, or of any packaging related thereto, or of any match or
matchbook, or any flaming or glowing material, that has been discarded.
[Added 3-27-2006 by Ord. No. 2006-12]
One of a variety of containers that are specifically designed
to be used for the disposal of cigarette litter, typically consisting
of an enclosed container with wide base containing sand or other inflammable
material, and a narrow neck above with a hole through which cigarette
litter can be discarded and concealed from view, and provided that
the type of container has been specifically approved for use as a
cigarette litter receptacle pursuant to a resolution adopted by the
Mayor and Council of the Borough of Red Bank.
[Added 3-27-2006 by Ord. No. 2006-12]
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.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
[Amended by Ord. No. 1989-15]
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, 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.
[Amended by Ord. No. 307-73; Ord. No. 1989-15; 3-27-2006 by Ord. No. 2006-12]
A.Â
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 quarter-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; 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.Â
In addition to the foregoing, every owner of a food service establishment
having seating for more than 25 individuals, any establishment holding
a retail consumption license issued by the State of New Jersey, Division
of Alcoholic Beverage Control, any nightclub, or commercial building
in which more than 25 individuals are regularly employed shall provide
and maintain in good condition a cigarette litter receptacle which
shall be located in any outdoor location where employees of the building
are either permitted to or do in fact smoke, provided that such a
cigarette litter receptacle shall not be located less than 10 feet
from any public entrance to the building. Notwithstanding the foregoing,
no commercial building owner shall be obligated to provide a cigarette
litter receptacle if there is already such a receptacle located on
public property within 10 feet of the location where the employees
of the building are either permitted to or do in fact smoke.
[Added by Ord. No. 307-73; amended 3-27-2006 by Ord. No. 2006-12]
All persons who own or occupy property, whether or not used
for commercial purposes, shall keep the sidewalk abutting such property
and all parking areas on the property free of litter and cigarette
litter at all times.
[Added by Ord. No. 307-73; amended 3-27-2006 by Ord. No. 2006-12]
No person shall throw or deposit, or cause to be thrown or deposited,
any litter, cigarette litter or debris in any pond, lake, stream,
river, or any other body of water within the Borough.
[Added by Ord. No. 307-73; amended by Ord. No.
87-24; Ord. No.
1989-15; 3-27-2006 by Ord. No. 2006-12]
No person shall sweep into or deposit in any gutter street,
catch basin or other public place any accumulation of litter or cigarette
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 and cigarette litter. All sweeping
shall be collected and properly containerized for disposal.
[Added by Ord. No. 2005-41]
A.Â
CONTAINERIZED
PERSON
STREET
YARD WASTE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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, catch basins and other areas within the
street lines.
Leaves, trees or parts thereof, brush, weeds or other plant
matter and grass clippings.
B.Â
No person shall sweep, rake, blow or otherwise place into or deposit
in any street, or other public place any accumulation of litter or
yard waste from any public or private property, 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 litter or yard
waste shall be collected and properly containerized for disposal.
C.Â
Sweeping, raking, blowing or otherwise placing yard waste that is
not containerized at the curb or along the street is only allowed
during the seven days prior to a scheduled and announced collection,
and shall not be placed closer than 10 feet from any storm drain inlet.
Placement of such yard waste at the curb or along the street at any
other time or in any other manner is a violation of this chapter.
Placement of uncontainerized litter in the street, or upon any other
public, or private property, at any time is also a violation of this
chapter. If such placement of yard waste or litter occurs, the party
responsible for placement of the yard waste or litter must remove
the yard waste or litter from the street, or other public or private
property, or said party shall be deemed in violation of this chapter.
[Added by Ord. No. 307-73; amended by Ord. No.
1989-15]
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
[Added by Ord. No. 1989-15]
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.
[Added by Ord. No. 1989-15]
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.
[Added by Ord. No. 1989-15; amended 3-27-2006 by Ord. No. 2006-12]
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, cigarette litter and
other offensive material.
[Added by Ord. No. 1987-24; amended by Ord. No.
1989-15]
It shall be unlawful for any person to place, to cause to be
placed, or to hire another person to place any advertisement, handbill
or unsolicited material of any kind in or on any street, sidewalk,
building or vehicle within the community in such a manner that it
will be removed by natural forces.
[Added by Ord. No. 1989-15]
It shall be unlawful to store bulky items such as appliances,
tires, furniture, mattresses and like items except in a fully enclosed
structure or during days designated for collection of bulky items.
[Added by Ord. No. 1989-15]
[Added by Ord. No. 1989-15]
In the event that the owner or possessor of private property
or lands shall refuse or neglect to abate or remedy the condition
which constitutes a violation of this chapter, the municipality may
cause the condition to be abated and remedied. Upon the removal of
any materials prohibited to be stored or abandoned on lands by this
chapter by or under the direction of an appointed officer or officers
of this jurisdiction, in cases where the owner or tenant shall have
refused or neglected to remove same in manner and within five days
of receiving a notice of violation, such officer shall certify the
cost thereof to the municipality, which shall examine the certificate,
and if found correct, shall cause the cost as shown thereon to be
charged against said lands and will be added to and become and form
a part of the taxes next to be assessed and levied upon said lands.
The same shall 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.
[Added by Ord. No. 2005-41; amended 4-23-2007 by Ord. No. 2007-16]
The provisions of this chapter shall be enforced by the Police
Department, the Code Enforcement Department, the Building Department,
the Department of Public Utilities and the Board of Health of the
Borough of Red Bank.
