[HISTORY: Adopted by the City Council of the City of Port
Republic as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-8-1990 by Ord. No. 06-1990 (Ch. 56 of the 1982
Code)]
For the purpose of this article, the terms used herein are defined
as follows:
Includes but is not limited to wood, stumps, masonry materials,
rock, brick, dirt, soil, stone, cinders, ashes from wood or coal fire
and bituminous materials or other nonputrescent materials and any
other items of like kind consistent herewith.
Includes but is not limited to meat, fish, fowl, vegetable
waste solids and any other items of like kind consistent herewith
resulting from the handling, preparation, cooking and consumption
of foods. Garbage is considered to originate primarily in kitchens,
stores, markets, restaurants, hotels and other places where food is
stored, cooked and consumed and any other item of like kind consistent
herewith.
Includes but is not limited to dry fill, garbage, refuse
and rubbish.
A closed-top container suitable for the depositing of litter.
Includes but is not limited to a park, playground, recreation
center or any other public area owned or used by the City or local
authorized governmental agencies and devoted to active or passive
recreation.
Includes but is not limited to an individual, firm, corporation,
association, society, partnership and their agents or employees.
Includes but is not limited to any dwelling, house, building
or other structure designated or used, either wholly or in part, for
private residential, commercial, business or industrial purposes,
whether inhabited or continuously uninhabited or vacant, and shall
include but not be limited to any yard, grounds, walk, driveway, porch,
steps or vestibule belonging or appurtenant to such house, building
or other structure.
Includes but is not limited to any or all streets, or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
Includes but is not limited to all miscellaneous matter,
such as but not limited to all bottles, rags, mattresses, furniture,
paper, clothes, shoes, glass, leather, carpets, crockery, rubber,
newspapers, cartons, tin cans, metals, tires, automobiles, vehicles
or parts thereof, any other items consistent herewith and any other
items of like kind consistent herewith.
Includes but is not limited to any solid waste consisting
of both combustible and noncombustible wastes, such as paper, wrappings,
cigars, cigarettes, cardboard, tin cans, scrap metals, tires, yard
clippings, leaves, wood, glass, bedding, crockery and any matters
included in the definition of refuse.
Includes but is not limited to every device in, upon or by
which any person or property is or may be transported or drawn upon
a street or highway.
A.
Littering and dumping in unauthorized locations prohibited.
(1)
It shall be unlawful in the City for any person to throw, cast or
place any garbage, dry fill, rubbish and refuse or any other type
of waste matter on any property and streets, public or private, within
the limits of the City, except in such areas as may be officially
designated and licensed for dumping by the State of New Jersey and
the County of Atlantic or which may be deposited in public receptacles,
authorized private receptacles or in other official sites.
(2)
This section shall not apply to residential or commercial landscaping
or gardening which involves the owner or the owner's agent placing
topsoil, garden stones, stone paths, stone walkways, compost and other
items of like kind consistent herewith on private, commercial or residential
property.
B.
Litter thrown from vehicles. No person, while driving or as a passenger
in a vehicle, shall throw, dump or deposit litter, garbage, refuse,
rubbish or dry fill upon any street, public place or upon private
property unless permitted by law.
C.
Transporting litter. No person shall load, drive or move any truck
or other vehicle unless the vehicle is so constructed or loaded as
to prevent any load, contents or litter from being blown or deposited
on any street, public place or private premises.
D.
Litter in parks, lakes or streams. No person shall throw, dump or
deposit any litter in any fountain, stream, river, skating rink or
any other body of water in a park or recreation area or elsewhere
in the City.
E.
Litter on private property. No person shall throw, dump or deposit
litter on any occupied or vacant private property, whether owned by
such person or not, provided that the owner or person in control of
the property may maintain private receptacles for the collection of
litter.
The owner, agent, lessee, tenant, occupant or other person who
manages or controls a building or lot shall be jointly and severally
responsible for keeping the sidewalk, flagging, curbstone and the
air shafts, areaways, backyards, courts, parking lots and alleys free
of litter.
Litter receptacles and their servicing are required at the following
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 1/4 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 station 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; beaches and bathing areas; 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.
Any person convicted of violating the provisions of this article
shall be fined not less than $100 and not more than $1,000 per offense
or be imprisoned for a term not to exceed 90 days, or both.
Ordinance No. 70 of 1986 is hereby repealed.
[Adopted 4-12-2005 by Ord. No. 05-2005]
The purpose of this article is to establish requirements to
control littering in the City of Port Republic so as to protect public
health, safety and welfare and to prescribe penalties for the failure
to comply.
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, 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 any litter of any nature upon public or private 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.
Exceptions are as follows:
A.
Waterline flushing and discharges from potable water sources.
B.
Uncontaminated groundwater (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising groundwaters).
C.
Air-conditioning condensate (excluding contact and noncontact cooling
water).
D.
Irrigation water (including landscape and lawn watering runoff).
E.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
F.
Residential car washing water, and residential swimming pool discharges.
G.
Sidewalk, driveway and street wash water.
H.
Flows from fire-fighting activities.
I.
Flows from rinsing of the following equipment with clean water:
(1)
Beach maintenance equipment immediately following its use for its
intended purposes; and
(2)
Equipment used in the application of salt and deicing materials immediately
following salt and deicing material applications. Prior to rinsing
with clean water, all residual salt and deicing materials must be
removed from equipment and vehicles to the maximum extent practicable
using dry cleaning methods (e.g., shoveling and sweeping). Recovered
materials are to be returned to storage for reuse or properly discarded.
Rinsing of equipment, as noted in the above situation, is limited
to exterior, undercarriage, and exposed parts and does not apply to
engines or other enclosed machinery.
This article shall be enforced by the New Jersey State Police
and the City of Port Republic.
Any person(s) who continues to be in violation of the provisions
of this article, after being duly notified, shall be subject to a
fine not less than $100 and not to exceed $1,000 and/or imprisonment.
