[HISTORY: Articles I and II adopted by the Board of Health of the Township of Fredon as indicated in article histories. Subsequent articles adopted by the Township Committee of the Township of Fredon as indicated in article histories. Amendments noted where applicable.]
Abandoned vehicles — See Ch. 510.
[Adopted by Ord. No. BH:1-75 (Ch. BH:VI of the 1972 Revised General Ordinances)]
For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given herein.
- ABANDONED AUTOMOBILE
- Any automobile which is in such condition that it cannot operate under its own power. Any automobile in such condition, which is permitted to remain on any property for more than 48 hours, and for which the owner has taken no steps to effect the repair or removal thereof, shall prima facie be deemed to be abandoned.
- 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 including abandoned automobiles, which, if thrown, deposited, or stored, as herein prohibited, tends to create a danger to public health, safety and welfare.
- PRIVATE PREMISES
- 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.
- PUBLIC PLACE
- Any street, sidewalks, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
- PUBLIC STRUCTURE OR BUILDING
- Any structure or building owned or operated by the federal, county, 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 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 Township except in public receptacles or in authorized private receptacles for collection, or in official sanitary landfills.
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.
No person shall sweep into or deposit in any gutter, street or other public place within the Township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
No person while a driver or passenger in a vehicle shall throw or deposit litter upon any street or other public place within the Township.
Prohibited. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street, road or other public place within the Township, nor shall any person hand out or distribute or sell any commercial handbills in any public place.
Exception. It shall not be unlawful on any sidewalk, street, road or other public place within the Township for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to receive it.
No person shall drive or move any truck or other vehicle within the Township unless such vehicle is constructed or loaded as to prevent any load or contents of litter from being blown or deposited upon any street, alley or other public place.
No person shall throw, deposit or store litter on any private property within the Township 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 the 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.
[Amended by Ord. No. 99-06]
Any person violating or failing to comply with any of the provisions of this article shall be liable for penalties in accord with the schedule shown in § 1-3, and each and every day that the violation or lack of compliance continues shall constitute a separate and subsequent offense.
[Added by Ord. No. BH:1-82]
This article shall be administered and enforced by the Code Enforcement Officer.
[Adopted by Ord. No. 1-92 (Sec. 3-10 of the 1972 Revised General Ordinances)]
It is hereby declared and found that:
Litter, bulk waste and liquid waste carelessly discarded or disposed of is the cause of civic disgrace.
Carelessly discarded or disposed of litter, bulky waste and liquid waste is a health, fire and safety hazard and is a pollutant to our environment.
In order to upgrade the quality of life in current and future generations within the Township, an all-out litter control and illegal dumping campaign can result in substantial savings to taxpayers of the Township.
Litter and illegal dumping is a matter affecting the public interest and consequently should be subject to supervision and administrative control for the purpose of safeguarding the public health, safety and general welfare of the residents of the Township.
For the purpose of this article, the following words, phrases and terms, and their derivations, shall have the meaning as defined herein. When not inconsistent with the context, words used in the present tense include the future tense; 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.
- BULK WASTES
- Any nonputrescible waste from a household or commercial establishment, including, but not limited to, furniture, junk, appliances, bedding, drums, containers, pallets, lawn mowers, bikes, tires, rugs, equipment, vehicle parts, junk vehicles, canisters, grills, construction materials and metals.
- CATCH BASIN
- Any area created into which surface water collects or drains. This shall include drainage swales and sewer drains.
- Any device, from a plastic bag to a tractor trailer, that waste materials are placed in or loaded into or onto, including, but not limited to, any size paper bag, plastic bag, garbage can, trailer, litter baskets, recycling bin, rolloff, boxcar, compactor, flat bed, dumpster or hopper.
- Any roadside, whether it is curbed or uncurbed.
- LIQUID WASTE
- Waste which is in a liquid form, whether a toxic, hazardous or not, from residential, commercial, institutional or industrial locations. Liquid waste includes, but is not limited to:
- Any used or consumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, metal or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar, can or any top, lid, cap or detachable tab, any lighted or unlighted cigarette, cigar, match or any bagged or unbagged garbage, refuse, debris, rubbish, newspaper, magazines, handbills, advertisements, metal, plastic or paper containers or any packaging or construction material, but does not include the waste from primary processes of mining or other extraction processes, logging, sawmilling, composting, farming or manufacturing.
- PRIVATE PLACE
- Any house, dwelling, building or other structure designed or used, either wholly or in part, for private residential or business purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, lobby, parking area and mailbox belonging or appurtenant to each dwelling, house, building or other structure.
- PUBLIC PLACE
- Any building, street, walkway, grounds, park, playground, recreation center, squares, sidewalks, alleys, rail bed or other public right-of-way or public area owned by the Township or other public entity.
- PUBLIC UTILITY
- Any service company regulated by the Board of Public Utilities, including telephone companies, electric companies, solid waste collection companies, gas companies and water companies. This shall also include nonregulated private or municipal utility companies providing these services.
- PUBLIC WATERS
- Any body of water which is upon or runs through lands within the Township. This shall include, but not be limited to, lakes, streams, rivers, ponds, fountains and reservoirs.
- RECYCLABLE MATERIALS
- Materials which can be processed and used as feedstock in the manufacturing of new products of the same materials in total or as an additive to create new products or uses.
- Any automobile, truck, tractor, bus, cab, motorcycle, boat or train used to transport people, materials or containers, as well as pull trailers along roadways, tracks or upon water.
No person shall discard, place, blow, throw, dump, rake or sweep litter in, on or upon any roadway, right-of-way, parking lot, park playground, recreational center, rail bed, public buildings, sidewalk, public waters, gutter, catch basin or any other public area owned by the Township or other public entity. This includes, but is not limited, to the following:
No person shall place, or cause to be placed, any handbill or other printed matter, advertisements, newspaper, etc. in such a manner as to become litter.
No driver or rider in any vehicle, moving or standing, shall discard waste from within the vehicle in such a manner as to become litter.
No person operating a vehicle shall allow any of its freight to remain uncovered, while moving or standing, as to allow any of the contents to escape and/or become litter.
No person shall place or load any waste or materials into any container in such a manner which shall cause overflowing, resulting in litter.
No person shall sweep litter, either manually or by mechanical means, from any sidewalk, driveway parking area, store front, etc. into a gutter or catch basin.
No person shall place, or cause to be placed, any materials which shall become litter in the waters within this Township.
No person shall place, or cause to be placed, any poster, handbill, advertisement, sign, public notice, etc. in such a manner whereby, due to natural elements, it may become litter.
No person operating a vehicle shall allow or cause to be carried onto any roadway debris from its undercarriage or on its tires, including excessive mud or sticky substances.
No person shall allow or cause litter to collect on any private or public place whereby it can be carried off by natural elements onto other public or private places or roadways. This shall include, but not be limited to, porches, yards, store fronts, loading areas, construction sites, parking lots, driveways, collection depots, dumpster areas or windshields.
No person shall allow or cause any material to escape from the site of any construction, landscaping, grading, land clearing, composting or like operation.
No person shall rake, either by manual or mechanical means, any yard waste into the gutter or catch basin areas.
No person, public utility or private company shall allow or cause cut branches or wood chips to be placed in such a manner as to slide, blow or otherwise be carried by natural elements onto the roadway.
All litter-type materials, as defined herein, shall be placed in proper containers in such a manner that it cannot become litter. All designated recyclable litter type materials shall be separated from the nonrecyclable materials and placed in proper containers. Where no containers are available, persons shall take their litter-type materials, recyclable and nonrecyclable, with them for proper disposal.
No person shall discard, place, blow, throw, dump, pour or release any solid or liquid waste in, on or upon any roadway, right-of-way, parking lot, park, playground, recreational center, railbed, public building, sidewalk, waters, gutter, catch basin or any other public area owned by the Township or other public entity. This includes, but is not limited to, the following:
No person shall place, or cause to be placed, any household trash in such a manner and location as to constitute illegal dumping, as defined above.
No person shall place, or cause to be placed, any bulk waste in such a manner and location as to constitute illegal dumping, as defined above.
No vehicle transporting solid waste or bulk waste shall do so in a manner in which materials being transported can escape from such vehicle during transportation.
No person shall place, pour, release or dump any liquid waste at any time in, on or upon any Township location, as defined above, with the exception of approved agricultural practices.
No vehicle transporting liquid wastes or materials shall cause any of the contents to leach, leak, flow or drip from the vehicle, or any of its hoses or attachments, while standing or moving on roadways.
This section is not intended to include house refuse, recycling materials and bulk item material pickup by Township approved licensed haulers.
[Amended by Ord. No. 99-06]
Any person violating or failing to comply with any provisions of this article shall be liable for penalties in accord with the schedule shown in § 1-3. The continuation of such violation shall constitute a separate offense, and persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
Violations under this article shall be prosecuted by the Sussex County Health Department or local code enforcer, as the case may be, in the Municipal Court.