This article shall be known as the "Antidumping and Littering
Ordinance" and may be so cited.
As used in this article, the following terms shall have the
meanings indicated:
GARBAGE
Putrescible animal and vegetable waste resulting from either
the handling, preparation, cooking or consumption of food.
LITTER
Garbage, refuse and rubbish, as such are defined herein,
and all other waste materials which are thrown or deposited as herein
prohibited and tend to create a danger to the public health, safety
and welfare.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PRIVATE PREMISES
Any dwelling, house, building or other structure designed
or used either wholly or in part for residential purposes, whether
inhabited or temporarily or continuously inhabited or vacant, and
shall include any yard, grounds, walk, driveway, porch, step, vestibule
or mailbox belonging to or appurtenant to such dwelling, house or
building or other structure.
PUBLIC PLACE
Includes all streets, sidewalks, boulevards, alleys or other
public walkways and all public parks, squares, spaces, docks, grounds
and buildings.
PUTRESCIBLE
Decomposing organic matter usually composed of rotten or
foul-smelling solid waste.
REFUSE
All putrescible and nonputrescible solid wastes, except body
wastes, including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and boats and solid market and industrial
waste, specifically including abandoned furniture, household equipment,
scrap building materials, scrap lawn and garden tools and machinery
and other such similar items.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrapping, cigarettes, cigars
and tobacco wastes, cardboard, tin cans, yard, garden or lawn clippings,
leaves, wood, glass, bedding, crockery and similar material.
SOLID WASTE
Any garbage, refuse and other discarded materials from industrial,
commercial and agricultural operation and from domestic and community
activities, and includes all other waste material, including liquids.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
Any person found to have accidentally caused the improper disposal
of any liquids or solids through any incidental spills, automobile
accidents or otherwise, provided that said spill does not concern
hazardous or toxic waste otherwise controlled by state statute, shall
have 48 hours from the time of such accident to take corrective action
to fully clean up the accidental spill. In the event that said person
fails to take the necessary corrective action to clean up the accidental
spill, the other provisions of this article shall take full force
and effect as if the spill were not of an accidental nature.
All provisions contained within this article shall at all times
be subject to enforcement by the Police Department of the Township
of Jackson and by the Jackson Township Code Enforcement Officer or
his duly designated agent of the Township of Jackson.
A representative of either the Police Department or the Code
Enforcement Department of the Township of Jackson is authorized and
empowered to order the immediate removal and proper disposal of any
garbage, litter, refuse, rubbish or solid waste or any waste material.
In the event that such material is not immediately removed, either
department is authorized to notify the appropriate owner of any private
premises or vacant land, or the tenant or agent of such owner, or
the person or persons responsible for the disposal of any garbage,
litter, refuse, rubbish, solid waste or other waste material upon
any public property, to properly remove and dispose of such material
within seven days after the receipt of notice. Any written notice
shall be by registered or certified mail, return receipt requested,
addressed to the responsible person or his agent at his last known
address or serviced personally upon such responsible person. This
section shall apply to cleanup of the affected property only and shall
not preclude enforcement of any other section of this article.
Upon the failure, neglect or refusal of owner, tenant or agent
so notified to dispose properly of said garbage or litter within 10
days after the date of such notice or in the event that said notice
is returned to the Township by the Post Office Department because
of an inability to make delivery thereof, provided that the notice
was properly addressed to the last known address of the owner, tenant
or agent, the Code Enforcement Officer or his duly designated agent
is authorized and empowered to pay for disposing of such litter or
to order its disposal by the Township, after obtaining the appropriate
authorization from the Township Committee.
The following chapters or parts thereof of the Township of Jackson
are hereby repealed:
A. Chapter 63, Garbage, Rubbish and Waste Material, §§ 63-1
through 63-15 and 63-21.
B. Chapter 74, Littering, §§ 74-1 through 74-14.
C. Chapter
87, Sanitary Landfill.
D. Chapter 134, Sanitary Landfill.
This article does not concern the dumping or spillage of any
hazardous or toxic waste insofar as it is recognized that state and/or
federal law would be controlling in such instances and would preempt
any provision of this article. This article shall only apply to those
matters in which there is no complete preemption by either state or
federal law.