[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:
- DRY FILL
- 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.
- LITTER RECEPTACLE
- 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.
- PRIVATE PREMISES
- 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.
- PUBLIC PLACE
- 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.
Littering and dumping in unauthorized locations prohibited.
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.
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.
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.
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.
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.
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.
- LITTER RECEPTACLE
- 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.
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.
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:
Waterline flushing and discharges from potable water sources.
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).
Air-conditioning condensate (excluding contact and noncontact cooling water).
Irrigation water (including landscape and lawn watering runoff).
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
Residential car washing water, and residential swimming pool discharges.
Sidewalk, driveway and street wash water.
Flows from fire-fighting activities.
Flows from rinsing of the following equipment with clean water:
Beach maintenance equipment immediately following its use for its intended purposes; and
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.