[HISTORY: Adopted by the Mayor and Council of the Township
of Berlin 4-27-1992 by Ord. No. 1992-6 (Ch. 38 of the 1976 Code). Amendments
noted where applicable.]
This chapter shall be cited as the "Berlin Township Anti-Litter
Ordinance."
For the purpose of this chapter, the following terms, phrases,
words and their derivatives shall have the meanings given herein.
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 or permissive.
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle as required and authorized in Chapter 280 of the Code of the Township of Berlin.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or any other printed
or otherwise reproduced original or copies of any matter of literature:
Which advertises for sale any merchandise product, commodity,
or thing; or
Which directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales; or
Which directs attention to or advertises any meeting, theatrical
performance, exhibition, or event of any kind, for which an admission
fee is charged for the purpose of private gain or profit; but the
terms of this clause shall not apply where an admission fee is charged
or a collection is taken up for the purpose of defraying the expense
incident to such meeting, theatrical performance, exhibition, or event
of any kind, when either of the same is held, given or takes place
in connection with the dissemination of information which is not restricted
under the ordinary rules of decency, good morals, public peace, safety
and good order; provided, that nothing contained in this clause shall
be deemed to authorize the holding, giving or taking place of any
meeting, theatrical performance, exhibition, event of any kind, without
a license, where such license is or may be required by any law of
this state, or under any ordinance of this Township; or
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement, and is
distributed or circulated for advertising purposes, or for the private
benefit and gain of any person so engaged as advertiser or distributor.
Any waste material in the process of or subject to decomposition
or decay incident to an ordinary domestic or business use or purpose,
and shall include among other things, kitchen refuse, wastes from
animal or vegetable matter, offal and decaying and decomposing substances.
Garbage, refuse, and rubbish, as defined herein, and all
other waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States, in accordance with federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, shall mean and
include any periodical or current magazine regularly published with
not less than four issues per year, and sold to the public.
Any printed or written matter, any sample, or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet,
or any other printed or otherwise reproduced original or copies of
any matter of literature not included in the aforementioned definitions
of a commercial handbill or newspaper.
A park, reservation, playground, beach, recreation center
or any other public area in the Township, owned or used by the Township
and devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling, house, building, or other structure designed
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, square spaces, grounds and
buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, solid market and industrial wastes,
automobile parts, tires, appliances, furniture, and private personal
property.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
The Township of Berlin, County of Camden and State of New
Jersey.
Every device in, upon, or by which any person or property
is or may be transported whether said device is self-propelled, towed,
moved by other means, or drawn upon a highway, including devices exclusively
upon stationary rails or tracks.
It is unlawful for any person to throw, drop, discard or otherwise
place litter of any nature upon any public or private property except
in public litter receptacles or in authorized private receptacles
for collection.
Litter receptacles shall be located at the following public
places: sidewalks used by pedestrians in active commercially-zoned
areas, such that at a minimum there shall be no single linear 1/4
mile without a receptacle; 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; camp grounds 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, parades, carnivals, circuses, and festivals.
The owner/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.
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 or upon private property.
It is 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, 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.
No person shall sweep into or deposit in any gutter, street,
right-of-way 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. All litter sweepings must
be collected and properly containerized for disposal. This section
shall in no way prohibit the deposit or sweeping of leaves for collection
or pickup in accordance with any ordinance or regulation by the Township.
No person owning or occupying a place of business shall sweep
into or deposit into 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 places of business within the Township shall keep their
parking lots, sidewalks, areaways, courts, alleys and all other parts
of such business premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw
or deposit any litter upon any street or other public place within
the Township or upon private property.
No person shall drive or move any truck or other vehicle within
the Township unless such vehicle is so constructed or loaded as to
prevent any load, contents or litter from being blown, dropping, sifting,
leaking or deposited upon any street, alley or other public place
or upon any private property. Nor shall any person drive or move any
vehicle or truck within the Township, the wheels or tires of which
carry onto or deposit in any street, alley, or other public place,
mud, dirt, sticky substance, litter or foreign matter of any kind
so as to create a nuisance hazard or dangerous condition on or upon
the streets, alleys or other public places within the Township. Any
person operating a vehicle causing such a circumstance shall immediately
cause the public property or private property to be cleared of all
such materials and pay all costs associated therewith.
No person shall throw or deposit litter in any park, playground
or recreational area within the Township, except in public receptacles
and in such manner that the litter will be preserved from being carried
or deposited by the elements upon any part of the park, playground,
recreational area or upon any street or other public place. Where
public receptacles are not provided, all such litter shall be carried
away from the park by the person responsible for its presence and
properly disposed of as required.
No person shall throw or deposit litter in any lake, stream,
pond, fountain, or other body of water in any park or elsewhere within
the Township.
It is unlawful for any owner, agent, or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during, or immediately following completion of any
construction or demolition project. It is the duty of the owner, agent,
or contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or non-flyable 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 any commercial or noncommercial
handbill in or upon any sidewalk, street, or other public place within
the Township. Nor shall any person hand out or distribute or sell
any commercial handbill in any public place; provided, however, that
it shall not be unlawful to hand out or distribute, without charge
to the receiver thereof, any noncommercial handbill to any person
willing to accept the same, on any sidewalk, street or other public
place within the Township.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle, however, that it shall not be unlawful
in any public place for a person to hand out or distribute without
charge to the receiver thereof, a noncommercial handbill to any occupant
of a vehicle who is willing to accept the same.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill upon any private premises if requested by
anyone thereon not to do so or if there is/are placed on said premises,
in a conspicuous position near the entrance thereof, a sign bearing
the words "No Trespassing," "No Peddlers or Agents," "No Advertisement"
or any similar notice indicating in any manner that the occupants
of said premises do not desire to be bothered or have their right
of privacy disturbed or to have any such handbills left upon such
premises.
No person shall throw, deposit or distribute any commercial
or noncommercial handbills in or upon private premises which are inhabited,
except by handing or transmitting any such handbill directly to the
owner, occupant or other person then present in or upon such private
premises. Provided, however, that in the case of inhabited private
premises which are not posted as provided in this chapter, such person,
unless requested by anyone upon such premises not to do so, may place
or deposit any such handbill in or upon such inhabited private premises
if such handbill is so placed or deposited as to secure or prevent
such handbill from being blown or drifted about such premises or sidewalks,
streets, or other public places, and except that mailboxes may not
be so used when so prohibited by federal postal law or regulations.
A.
Exemption for mail and newspapers. The provisions of this section
shall not apply to the distribution of mail by the United States,
nor to newspapers (as defined herein) except that newspapers shall
be placed on private property in such a manner as to prevent their
being carried or deposited by the elements upon any street, sidewalk
or other public place or upon private property.
No person in any aircraft shall throw out, drop or deposit within
the Township any litter, handbills or other object.
No person shall post or affix any notice, poster, or other paper
or device calculated to attract the attention of the public to any
lamp post, public utility pole or shade tree, or upon any public structure
or building, except as may be authorized or required by law.
No person shall throw or deposit litter on any occupied private
property in the Township, whether owned by such person or not, except
that the owner or person in control of private property may authorize
private receptacles for collection in such a manner that litter will
be prevented from being carried or deposited by the elements upon
any street, sidewalk or other public place or upon any private property.
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, however,
that this section shall not prohibit the storage of litter in authorized
private receptacles for collection.
No person shall throw or deposit litter on or upon any open
or vacant private property within the Township whether owned by such
person or not.
It is unlawful for any residential or commercial property owner
to permit open or overflowing waste/litter disposal receptacles.
[Amended 7-24-2006 by Ord. No. 2006-10]
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not less than $50 nor more than $1,000, or by imprisonment
in the county jail for a term not to exceed 90 days, or both, in the
discretion of the court. The continuation of such violation for each
successive day shall constitute a separate offense, and the person
or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
