[HISTORY: Adopted by the Township Council of the Township of Mine Hill 3-16-2006 by Ord. No. 4-06; amended in its entirety 3-1-2007 by Ord. No. 2-07. Subsequent amendments noted where applicable.]
The purpose of this chapter is to establish requirements to control littering in the Township of Mine Hill, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
As used in this chapter, the following terms shall have the meanings indicated:
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- 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.
- PRIVATE PREMISES
- Any real property, 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 structures.
- PUBLIC PLACE and PUBLIC BUILDING
- Every public place or building within the Township which is within the jurisdiction and control of the Township and is or may be in general use by all citizens, and in which all have an equal right of passage at will.
- All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, automobile parts, including but not limited to used tires, and solid market and industrial wastes.
- 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.
- Includes highways, roads, avenues, boulevards, courts, public lanes, alleys, sidewalks, footpaths and all other public highways for vehicular or pedestrian travel.
- The Township of Mine Hill, County of Morris and State of New Jersey.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a street, including devices used exclusively upon stationary rails or tracks.
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, parking lot, public place or public building, litter, refuse or rubbish 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 litter receptacles provided for such purpose.
Litter receptacles and their servicing are required of the owner of the following public places which exist in the Township, including sidewalks used by pedestrians in active retail commercially zoned areas; buildings held out for use by the public, including schools and governmental buildings; parks; construction sites; gasoline service station islands; shopping centers; parking lots; 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.
To prevent scattering, persons placing litter in litter receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalks or other public place or upon private property.
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.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Township or upon private property.
It shall be unlawful for any vehicle to be driven, moved, stopped or parked within the Township, on any highway, street, alley or other public place, unless such vehicle is constructed or loaded to prevent any of its contents from dropping, shifting, leaking or otherwise escaping therefrom, nor shall any person drive or move any vehicle or truck within the Township, 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.
No person shall throw or deposit litter in any park within the Township except in litter 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 within the Township or upon private property. Where litter 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.
No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water anywhere within the Township.
No person shall throw or deposit litter on any private property within the Township, whether owned by such person or not, except that the owner or person in control of private property may maintain litter receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any streets, sidewalk or other public place or upon any private property.
[Amended 3-5-2020 by Ord. No. 06-20]
The owner or person in control of any private property shall at all times maintain the premises free of litter. Garbage, refuse, or recyclables shall be placed for collection in a manner that prevents spillage either on the private property or in the vicinity.
It shall be unlawful for any person to discard or dump any litter, refuse or rubbish, household or commercial solid waste, garbage, trash, debris, junk, vehicle or parts thereof, rubber tires, appliances, furniture or the like, on public property, along any street, road or any right-of-way, on private property, except by written consent of the owner of said property, or in any place not specifically designated for the purpose of solid waste storage or disposal available to the public.
It shall be unlawful for any person to deposit any litter, refuse or rubbish, including recyclables, generated from private premises in any Township-owned litter receptacle, dumpster or other container for the disposal of litter, refuse or rubbish that is not located on the private premises inhabited by said person, except that recyclables may be deposited in designated containers located at the municipal recycling facility.
It shall be unlawful for any person to bring, cart, remove, transport or collect any litter, refuse, rubbish or recyclables from outside the Township and bring it into the Township for the purpose of dumping or disposing thereof except in an established sanitary landfill licensed and operating in accordance with the laws of the state of New Jersey.
It shall be unlawful for any residential property owner to store or permit storage of any litter, refuse or rubbish, including household appliances, furniture, and mattresses, in areas zoned residential, except in a fully enclosed structure, during days designated for the collection of bulky 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 openly 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 the potential for the breeding of mosquitoes.
It shall be unlawful for any owner, agent, or contractor in charge of a construction or demolition site to permit the accumulation of litter, refuse or rubbish before, during, or after completion of any construction or demolition project. It shall be the duty of the owner, agent, and contractor in charge of a construction site to furnish litter receptacles and/or dumpsters adequate to accommodate litter, refuse and rubbish 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 litter, refuse and rubbish. All renovations shall require a dumpster unless not required by the Division of Health.
In addition to the penalty set forth in Subsection A of this section, any person convicted of violations of any of the provisions of this chapter shall be subject to a sentence of up to 30 days of community service cleaning public lands and roadways for a first violation and up to 60 days of community service cleaning public lands and roadways for any subsequent violation.
Notwithstanding the provisions of Subsections A and B of this section, the Mine Hill Township Law Department is authorized to take all necessary legal action, including the filing of a lawsuit, against any person convicted of a violation of any provisions of this chapter to recoup any costs incurred by the Township as a result of said violation.
It shall be deemed a separate and distinct violation, subject to the penalty provisions of this chapter, for each and every day that such violation continues.