[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.
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.
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.
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,
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.
B.
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.
A.
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.
B.
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.
C.
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.
B.
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.
C.
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.
D.
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.
