[Ord. No. 19-70, § 1]
This Article shall be known and may be cited as the "Morris
Plains Anti-Litter Ordinance."
[Ord. No. 19-70, § 2]
As used in this Article:
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
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.
A park, reservation, playground, beach, recreation center
or any other public area in the Borough owned or used by the Borough.
Any dwelling, house, building or other structure, 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, public or semipublic parking
lots, boulevards, alleys or other public ways, and any and all public
parks, squares, spaces, grounds and buildings.
All putrescible and nonputrescible solid wastes, including
but not limited to garbage, rubbish, ashes, street cleanings, dead
animals, human body waste, junk, abandoned automobiles and solid market
construction and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as but not limited to paper, newspaper,
advertising papers or flyers, wrappings, cigarettes, cardboard, tin
cans, yard clippings, leaves, wood, glass, bedding, crockery and similar
materials.
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.
[Ord. No. 19-70, § 3]
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Borough except in public
receptacles, in private receptacles for collection or in the official
Borough dump.[1]
[1]
Editor's Note: For statute punishing similar misconduct,
see N.J.S. 2A:170-67.1.
[Ord. No. 19-70, § 4]
Persons placing litter in public receptacles or in 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
places or upon private property.
[Ord. No. 19-70, § 5]
(a)
No person shall sweep into or deposit in any gutter, street or other
public place within the Borough the accumulation of litter from any
building or lot or from any public or private sidewalk or driveway
or public, semi-public or private parking lot except when specifically
permitted by the Borough council.
(b)
Persons owning or occupying property shall keep the sidewalks in
front of their premises free of litter.
[Ord. No. 19-70, § 6]
(a)
No person owning or occupying a place of business shall sweep into
or deposit in any gutter, street or other public place within the
Borough the accumulation of litter from any public or private sidewalk
or driveway.
(b)
Persons owning or occupying places of business within the Borough
shall keep the sidewalks in front of their business premises free
of litter.
[Ord. No. 19-70, § 7]
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
Borough or upon private property.[1]
[1]
Editor's Note: For similar prohibition by state statutes,
see R.S. 39:4-64.
[Ord. No. 19-70, § 8]
(a)
No person shall drive or move any truck or other vehicle within the
Borough unless such vehicle is so constructed or loaded as to prevent
any load, contents, or litter from being blown or deposited upon any
street, alley or other public place.
(b)
No person shall drive or move any vehicle or truck within the Borough,
the wheels or tires of which carry onto or deposit in any street,
alley or other public place, or private property, mud, dirt, sticky
substances, litter or foreign matter of any kind.[1]
[1]
Editor's Note: For statute prohibiting load spillage,
see R S 39:4-77.
[Ord. No. 19-70, § 9]
No person shall throw or deposit litter in any park within the
Borough except in public receptacles and in such a manner that the
litter will be prevented from being carried or deposited by the elements
upon any part of the park 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 elsewhere as provided herein.
[Ord. No. 19-70, § 10]
No person shall throw or deposit litter in any fountain, pond,
lake, stream, bay or any other body of water in a park or elsewhere
within the Borough.
[Ord. No. 19-70, § 11]
No person shall throw or deposit litter on any private property
within the Borough, whether owned by such person or not, except that
the owner or person in control of private property may maintain 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.
[Ord. No. 19-70, § 12]
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 private
receptacles for collection.
[Ord. No. 19-70, § 13]
No person shall throw or deposit litter on any open or vacant
private property within the Borough whether owned by such person or
not.
[Ord. No. 19-70, § 14]
(a)
Notice to remove. The superintendent of road department is hereby
authorized and empowered to notify the owner of any open or vacant
private property within the Borough or the agent of such owner to
properly dispose of litter located on such owner's property which
is dangerous to public health, safety or welfare. Such notice shall
be by registered mail, addressed to said owner at the address shown
on the records of the Borough tax assessor.
(b)
Action upon non-compliance. Upon the failure, neglect or refusal
of any owner or agent so notified, to properly dispose of litter dangerous
to the public health, safety or welfare within 10 days after receipt
of written notice provided for in sub-section (a) above, or within
10 days after the date of such notice in the event the same is returned
to the Borough post office department because of its inability to
make delivery thereof, provided the same was properly addressed to
the last known address of such owner or agent, the superintendent
of road department is hereby authorized and empowered to pay for the
disposing of such litter or to order its disposal by the Borough.
(c)
Charge included in tax bill. When the Borough has effected the removal
of such dangerous litter or has paid for its removal, the actual cost
thereof, plus accrued interest at the rate set annually for delinquent
taxes by the Borough council from the date of the completion of the
work, if not paid by said owner prior thereto, shall be charged to
the owner of such property on the next regular tax bill forwarded
to such owner by the Borough and said charge shall be due and payable
by said owner at the time of payment of such bill.
(d)
Recorded statement constitutes lien. Where the full amount due the
Borough is not paid by such owner within 60 days after the disposal
of such litter, as provided for in sub-sections (a) and (b) above,
then, and in that case, the superintendent of road department shall
cause to be recorded in the office of the Borough clerk a sworn statement
showing the cost and expense incurred for the work, the date the work
was done and the location of the property on which said work was done.
The recordation of such sworn statement shall constitute a lien and
privilege on the property, and shall remain in full force and effect
for the amount due in principal and interest, plus costs of court,
if any for collection, until final payment has been made. Such costs
and expenses shall be collected in the manner fixed by law for the
collection of taxes and further shall be subject to a delinquent penalty
of 6% in the event the same is not paid in full on or before the date
the tax bill, upon which said charge appears, becomes delinquent.
Sworn statements recorded in accordance with the provisions hereof
shall be prima facie evidence that all legal formalities have been
complied with and that the work has been done properly and satisfactorily,
and shall be full notice to every person concerned that the amount
of the statement, plus interest, constitutes a charge against the
property designated or described in the statement and that the same
is due and collectible as provided by law.
[Ord. No. 19-70, § 15]
The provisions of section 1-9 of these Revised Ordinances shall
be applicable to this article.
