[HISTORY: Adopted by the Board of Health of the Borough of Wanaque 3-20-1991 as Ord. No. 2-91.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 125, Littering, as adopted 10-12-1971 and readopted 12-11-1973.
As used in this chapter, the following terms shall have the meanings indicated:
LITTER
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, and 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 extracting processes, logging, saw milling, farming or manufacturing.
LITTER RECEPTACLE
A container suitable for the depositing of litter which is so designed to contain litter in the receptacle from the effects of the weather and which is of sufficient size to contain all litter deposited therein between normal periodic servicing.
PUBLIC PLACE and PUBLIC BUILDING
Every public place or building within the borough which is within the jurisdiction and control of the borough and is or may be in general use by all citizens and in which all have an equal right of passage at will.
STREET
Includes highways, roads, avenues, boulevards, courts, public lanes, alleys, sidewalks, footpaths and all other public highways for vehicular or pedestrian travel.
A. 
No person shall throw, drop, discard or otherwise put or place, or cause to be thrown, put or placed, into, upon or within any street, public place, parking lot or public building litter of any nature or any substance, matter or thing whatsoever whereby the safe, free or unobstructed use of the same by the public may be in any way impeded or interfered with or whereby the same may be detrimental to the health, safety or welfare of the public. Nothing in this subsection shall prohibit the deposit of any such material in any public or private receptacles approved by the borough for such purpose. Nothing contained in this subsection shall be constructed to prohibit construction, repair or maintenance equipment, materials or machinery from being utilized on such street, public place, parking lot or public building.
B. 
No person shall throw, drop, discard or otherwise put or place, or cause to be thrown, put or placed, into, upon or within any private property within the borough, including open and vacant land, whether owned by such person or not, any litter, except that the owner or person in control of private property may maintain authorized 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.
Litter receptacles and their servicing are required at the following public places which exist in the Borough of Wanaque, including sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear quarter-mile without a receptacle; buildings held out for use by the public, including schools, governmental 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, 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.
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, or on any public or private property any household or commercial solid waste, rubbish, refuse, junk vehicle or parts thereof, 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.
It shall be unlawful for any residential property owner to store or permit storage of any household waste, including household appliances, furniture and mattresses, in areas zoned residential, except in a fully enclosed structure during days designated for the collection of bulk items, or away from public view such that the storage of such items is in such a manner so as not to constitute a threat to the public health, safety and welfare.
It shall be unlawful for any residential property owner to open, store or permit the open storage of tires in areas zoned residential, unless such tire or tires are stored in such a manner that there does not exist any potential for the breeding of mosquitoes.
It shall be unlawful for any vehicle to be driven, moved, stopped or parked within the borough on any highway, street, alley or other public place, unless such vehicle is constructed or loaded to prevent any of its contents from dropping, sifting, leaking or otherwise escaping therefrom; nor shall any person drive or move any vehicle or truck within the borough, the wheels or tires of which carry onto or deposit on any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind. 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 thereof.
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 the construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
[Amended 6-15-2011 by Ord. No. 1-0-11]
It shall be unlawful for any residential or commercial property owner to permit or maintain open or overflowing solid waste containers on his or her property.
A. 
Purpose. This section requires that dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharging of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Wanaque and/or the waters of the state so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
B. 
Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of the chapter 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Wanaque or other public body, and is designed and used for collecting and conveying stormwater.
PERSONS
Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
REFUSE CONTAINER
Any waste container that a person controls, whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
C. 
Prohibited conduct.
(1) 
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
(2) 
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Wanaque.
D. 
Exceptions to prohibition:
(1) 
Permitted temporary demolition containers.
(2) 
Litter receptacles (other than dumpsters or other bulk containers).
(3) 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
(4) 
Large, bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
E. 
Enforcement. This section shall be enforced by the Property Maintenance Officer, Health Officer or their designees of the Borough of Wanaque.
F. 
Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,000.
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 sidewalks, alleyways, 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. All sweepings shall be collected and properly containerized for disposal.
It shall be unlawful for any person to keep or permit the keeping on streets, vacant lots, residential lawns or on any premises located within the borough, except within a fully enclosed structure, any motor vehicle, trailer or semitrailer which is wholly unfit without rebuilding or reconditioning for use for highway transportation; which has been discarded for use as a motor vehicle, trailer or semitrailer; which does not display a current valid state license; or which is wrecked, disassembled or partially disassembled. This section shall not apply if it is proven by the owner that the vehicle in question is being actively reconditioned, provided that:
A. 
Only one (1) vehicle may be reconditioned outside of an enclosed structure at any given time on property.
B. 
Vehicle body parts and equipment necessary for the reconditioning of said vehicle are stored in an enclosed structure.
C. 
The reconditioning is performed in such a manner so as not to create an eyesore or public nuisance.
D. 
The vehicle is covered at all times when it is not being reconditioned.
[1]
Editor's Note: See also Ch. 106, Vehicles, Abandoned.
No person shall prevent or interfere with any employee of the Borough of Wanaque or any municipally authorized person in the sweeping or cleaning of any street or in the removal of sweeping ashes, garbage, rubbish, snow, ice or other refuse material.
Any person who violates any provision of this chapter shall, upon conviction thereof, be liable to a penalty of not more than one thousand dollars ($1,000.) or imprisonment for not more than ninety (90) days, or both, for each violation.