[HISTORY: Adopted by the Board of Commissioners (now Municipal
Council) of the Borough of Hawthorne as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-19-1989 by Ord. No. 1494 (Ch. 134, Art. II, of
the 1989 Code)]
[Amended 4-16-2008 by Ord. No. 1936-08]
The Municipal Council of the Borough of Hawthorne hereby finds
that an uncluttered landscape is among the most priceless heritages
which the citizens of the Borough can bequeath to prosperity; that
it is the duty of local government to promote and encourage a clean
and safe environment; that the proliferation and accumulation of carelessly
discarded litter may pose a threat to the public health and safety;
and that unseemly litter has an adverse economic effect on the Borough
of Hawthorne and surrounding communities, making it less attractive
to prospective commerce and industry as well as residents. The Municipal
Council, therefore, determine that the requirement for placement of
litter receptacles at appropriate locations throughout the Borough
will promote the establishment of a cleaner community, prevent the
creation, continuation, extension or aggravation of visual blight;
and will prevent and eliminate physical conditions throughout the
Borough which may constitute nuisances potentially dangerous or hazardous
to the health or safety of persons in or near places where such conditions
exist.
Words and phrases used herein shall have the same meanings set
forth in N.J.S.A. 13:1E-94,[1] unless otherwise specifically defined herein.
[1]
Editor's Note: N.J.S.A. 13:1E-94 was repealed L. 2002, c.
128, § 12, eff. 12-20-2002. See now N.J.S.A. 13:1E-215 et
seq.
Litter receptacles at least 12 gallons, but not more than 40
gallons, in size shall be placed and serviced at the following public
places within the Borough of Hawthorne:
A.
Sidewalks used by pedestrians in active commercially zoned areas
such that, at a minimum there shall be no single linear quarter mile
without a receptacle.
B.
Outside and near the entranceway of buildings held out for use by
the public, including schools, government buildings, railroad and
bus stations and public parks.
C.
Drive-in restaurants and all street vendor locations and self-service
refreshment areas.
D.
Construction sites.
E.
Gasoline service station islands, shopping centers and commercial
parking lots for use of customers of any commercial use or office
building.
F.
At locations or sites used for special events to which the public
is invited, including sporting events, parades, carnivals, circuses
and festivals.
The proprietors of the places enumerated in § 315-3 above or the sponsors of such events (including Borough officials) shall be responsible for providing and servicing the receptacles required by this article.
[Amended 4-16-2008 by Ord. No. 1936-08]
Any person found guilty of a violation of any of the provisions
of this article shall be subject to a fine not to exceed $2,000. Each
violation of any of the provisions of this article and each day that
each of such violations shall continue shall be deemed to be a separate
and distinct offense.
[Adopted 10-19-2005 by Ord. No. 1864-05]
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
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, saw milling, 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.
A.
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public property other than in
a litter receptacle, or having done so, to allow such litter to remain.
B.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this article, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this article.
A.
No person shall drive or move any truck or vehicle unless the vehicle
is so constructed or loaded as to prevent litter from being blown
or deposited upon any public or private property. No person shall
drive or move any truck or vehicle if the wheels or tires carry onto
or deposit on any street or public place mud, dirt or other foreign
substance or material.
B.
Every person shall maintain a proper cover over every truck containing
any material which if released would constitute litter while such
truck passes through any public street or place in the Borough. Any
material discharged or otherwise falling from the truck shall be immediately
picked up by the operator.
A.
This article shall be enforced by the Hawthorne Police Department
and/or other municipal officials of the Borough of Hawthorne.
B.
In addition to any enforcement hereunder by way of penalty, any person
notified of a violation under this section shall promptly remedy any
condition noted in such notice of violation. Upon the failure, neglect
or refuse of any property owner or person so notified to remedy the
violation, the Borough of Hawthorne, through its Board of Health,
may cause the removal and disposal of any litter so as to remedy the
violation.
C.
In the event the Borough, through its Board of Health, causes the
removal of litter, the owner of property or responsible person shall
reimburse the Borough for the actual cost of the removal. The failure
to make payment within 30 days shall constitute a lien on the property.
The amount of the lien shall be as set forth by the Board of Health
Inspector, in a sworn statement to be recorded in the Office of the
Borough Clerk. The lien shall run with such interest rate as may be
applicable to unpaid taxes and shall only be released upon payment
in full of all charges due.
[Amended 4-16-2008 by Ord. No. 1936-08]
Any person who is found to be in violation of the provisions
of this article shall be subject to a fine not to exceed $2,000.