[HISTORY: Adopted by the Mayor and Council of the Borough
of Westville 4-27-2005 by Ord. No. 5-05. Amendments noted where
applicable.]
The Borough of Westville finds that the reduction of litter
is an important public concern to protect public health, safety and
welfare and to implement the requirements of the New Jersey Department
of Environmental Protection Clean Communities Program.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
A.
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 in a litter receptacle.
B.
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.
A.
Litter
receptacles and their servicing are required at the following public
places which exist in the municipality, including:
(1)
Sidewalks
used by pedestrians in active retail commercially zoned areas such
that, at a minimum, there shall be no linear quarter mile without
a receptacle;
(2)
Buildings
held out for use by the public, including schools and government buildings;
(3)
Parks;
(4)
Drive-in
restaurants;
(5)
All
street vendor locations;
(6)
Self-service
refreshment areas;
(7)
Construction
sites;
(8)
Gasoline
service station islands;
(9)
Shopping
centers;
(10)
Parking
lots; and
(11)
At
special events to which the public is invited, including sporting
events, parades, carnivals, circuses and festivals.
B.
The proprietors
of these places or the sponsors of these events shall be responsible
for providing and servicing the receptacles so that adequate containers
are available.
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 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.
It shall be unlawful for any property owner to store or permit
the storage of any bulky household waste, including but not limited
to household appliances, furniture and mattresses, except in a fully
enclosed structure.
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 residential property owner to park
or permit the parking of any vehicle on his or her residential lawn.
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 the completion of any construction
or demolition project. It shall be the duty of the owner, agent or
contractor in charge of the 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
or refuse.
The Borough Administrator shall designate one or more enforcement
officers with authority to enforce the provisions of this chapter.
Said enforcement officers shall be officers or employees of the Borough
government.
A.
B.
Each continuing day of violation of this chapter shall constitute
a separate offense.
