[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.
GARBAGE
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking or consumption of food.
LITTER
"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.
REFUSE
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.
RUBBISH
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.
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:
A. Litter, bulk waste and liquid waste carelessly discarded or disposed
of is the cause of civic disgrace.
B. 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.
C. 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.
D. 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.
CONTAINER
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.
GUTTERS
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:
|
Used motor oil
|
|
Antifreeze
|
|
Brake fluid
|
|
Transmission fluid
|
|
Paints
|
|
Solvents and thinners
|
|
Sludge
|
|
Septic sewage and leachate
|
|
Washdown waters
|
|
Gasoline
|
|
Roofing tar and driveway sealant
|
|
Pesticides, herbicides and insecticides
|
LITTER
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.
|
NOTE: Materials designated as recyclable in Sussex
County are as follows:
|
|
|
Corrugated cardboard
|
|
|
Plastic (PET and HDPE) containers
|
|
|
Aluminum beverage cans
|
|
|
Tin and bimetal food and beverage cans
|
|
|
Newsprint
|
|
|
Glass
|
|
|
High-grade paper (stationery and computer)
|
|
|
Magazines
|
VEHICLE
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.
[Amended by Ord. No. 99-06]
A. 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.
B. 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.