[HISTORY: Adopted by the Township Committee of the Township
of Alloway 9-8-1988 by Ord. No. 246. Amendments noted where applicable.]
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 a litter receptacle.
B.
"Litter" means 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, newspaper, 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.
Litter receptacles and their servicing are required at the following
public 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 stations 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.
B.
"Litter receptacle" means a container suitable for the depositing
of litter.
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 or vehicle parts, rubber
tires, appliances or 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 residential property owner to store
or permit storage of any bulky household waste, including household
appliances, furniture and mattresses, in areas zoned residential,
except in a fully enclosed structure or during days designated for
the collection of bulky items.
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 person to keep or permit the keeping
on streets, vacant lots and residential lawns, except in a fully enclosed
structure, any motor vehicle, trailer or semitrailer which:
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked on any highway unless such a vehicle is constructed or loaded
to prevent any of its load from dropping, sifting, leaking or otherwise
escaping therefrom. Any person operating a vehicle from which any
glass or objects have fallen or escaped, which could cause an obstruction,
damage a vehicle or otherwise endanger travelers or public property,
shall immediately cause the public property to be cleaned of all glass
or objects and shall pay the costs therefor.
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 completion of any construction or demolition
project. It shall be the duty of the owner, agent or contractor in
charge of a 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 of refuse.
No person shall throw or deposit litter in any pond, lake, stream,
bay or any other body of water in a park or elsewhere within the Township.
It shall be the duty of the owner, lessee, tenant, occupant
or person in charge of any structure to keep, and cause to be kept,
the sidewalk and curb abutting the building or structure free from
obstruction or nuisances of every kind and to keep sidewalks, areaways,
backyards, courts and alleys free from litter and other offensive
material. No person shall sweep into or deposit in any gutter, street,
catch basin or other public place any accumulation of litter from
any public or private sidewalk or driveway. Every person who owns
or occupies property shall keep the sidewalk in front of his or her
premises free of litter. All sweepings shall be collected and properly
containerized for disposal.
[Added 8-18-2011 by Ord. No. 458[1]]
The owner of lands lying within the Township of Alloway is hereby
required to remove or cause to be removed: any abandoned refrigerators,
washing machines, old furniture, abandoned and cast-out junk of various
sorts, brush, weeds, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, tires, trash and debris within the time contained
in a Notice advising of same which shall not be less than 72 hours
or more than 10 days from the date the Notice is received or presumed
received (as described hereafter) by the owner of the property as
reflected on the current tax bill.
[1]
Editor's Note: This ordinance also repealed former § 51-11,
Natural growth and dangerous overhanging objects, added 8-19-2010
by Ord. No. 448.
[Added 8-18-2011 by Ord. No. 458[1]]
A.
Notice
to the owner to cause the removal of the substances referred to in
the preceding section shall be given by a Township employee and may
be served upon the owner, either personally or by registered mail,
return receipt requested, and regular mail. If service is made by
registered mail, the time period within which such removal shall be
accomplished shall he deemed to have commenced on the date of receipt
as reflected on the return receipt of the registered mail obtained
by the postal authority for the delivery of such registered notice
or, if not claimed, and the regular mailing is not returned, then
the time period shall commence three days after the mailing.
B.
Every such
notice shall, in addition to requiring the removal, advise the owner
that failure to accomplish such removal within the time stated therein
will result in removal under the direction of an appropriate Township
employee, and the cost of such removal shall be charged to the owner
of such lands and shall be payable to the Township within 30 days
after date of submission of the charges. Unless such charges are paid
within the thirty-day period, the costs as assessed shall become a
lien upon the lands and shall be collected as provided by law.
[1]
Editor's Note: This ordinance also repealed former § 51-11,
Natural growth and dangerous overhanging objects, added 8-19-2010
by Ord. No. 448.
[Added 8-19-2010 by Ord. No. 448; amended 8-18-2011 by Ord. No.
458]
A.
Whenever
an owner of lands within the Township receiving notice provided for
by the preceding section tails or neglects, within the prescribed
time, to effect removal of such substances, such removal shall be
accomplished under the direction of the appropriate Township employee.
B.
The removal
shall be accomplished in either of the two following methods: by use
of the township employees or through an independent contractor approved
by the Township.
C.
Retention
and approval of the independent contractor shall be accomplished in
accordance with the provisions of N.J.S.A. 40A:11-1, et seq.
D.
Where the
removal is accomplished by Township employees, an accurate record
of the cost of such removal shall be determined by an appropriate
Township employee, who shall certify the cost thereof to the governing
body, which cost shall include time, labor, materials and equipment.
Any bills submitted by an independent contractor pursuant to the provisions
of N.J.S.A. 40A:11-1, et seq. shall likewise be submitted to the governing
body, and an appropriate Township official shall certify that the
work specified in the statement submitted by the independent contractor
was, in fact, performed.
E.
If the
governing body finds the certification correct, the cost shall be
charged against the lands, and the amount charged shall become a lien
upon the lands and shall he added to and become and form a part of
the taxes next to be assessed and levied upon such lands, the same
to bear interest at the same rate as taxes and shall be collected
and enforced by the same officers and in the same manner as taxes.
[Amended 9-16-2010 by Ord. No. 449; 8-18-2011 by Ord. No. 458]
A.
Any person who shall violate any of the provisions of this article
or fail to comply with any notice given in accordance with this article
shall, upon conviction thereof, he subject to a fine not in excess
of $500 or imprisonment not in excess of 90 days, or both.
B.
Any such penalties shall be imposed in addition to the cost of removing
the substances hereinbefore referred to upon the lands described in
the notice given.
C.
For purposes
of this article, each day on which such a condition exists after the
expiration of the notice period shall he deemed or constitute a separate
offense under this article, and separate complaints may be filed for
each such offense.
