[Adopted 9-20-1988 by Ord. No. 88-542 (Ch.
8.20 of the 1992 Code)]
The purpose of this article is to clearly define
certain rules and regulations intended to reduce and eliminate the
incidence of litter within the Borough.
For the purpose of this article, the following
definitions shall apply:
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, 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
extraction processes, logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
[Amended 8-15-2006 by Ord. No. 2006-810; amended 11-17-2009 by Ord. No.
2009-878]
A.
Use of litter receptacles. Litter receptacles and
their servicing are required at the following public places which
exist in the municipality, including buildings held out for use by
the public, including schools, government buildings, and railroad
and bus stations; places used for religious assembly; parks; construction
sites; parking lots; and at special events to which the public is
invited, including sporting events, parades, 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.
B.
Illegal dumping. It is unlawful for any person to
discard or dump along any street or road, on or off any right-of-way,
or in any parking lot, 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 the property, in any place not specifically designated for the
purpose of solid waste storage or disposal. The penalty for a violation
of this subsection shall be $100.
[Amended 4-15-2014 by Ord. No. 2014-949]
C.
Storage of household solid waste. It is unlawful for
any residential property owner to store or permit storage of any bulky
household waste, including household appliances, furniture and mattresses,
in areas zoned residential, except in a fully enclosed structure or
during days designated for the collection of bulky items. The penalty
for a violation of this subsection shall be:
[Amended 4-15-2014 by Ord. No. 2014-949]
D.
Storage of tires. It is unlawful for any residential
property owner to store or permit the storage of tires in areas zoned
residential, except in a fully enclosed structure or on days designated
for the collection of tires. The penalty for a violation of this subsection
shall be:
[Amended 4-15-2014 by Ord. No. 2014-949]
E.
Storage of vehicles. It is unlawful for any residential
property owner to park or permit the parking of any vehicle on his
or her residential lawn. The penalty for a violation of this subsection
shall be:
[Amended 4-15-2014 by Ord. No. 2014-949]
F.
Inoperable vehicles.
[Amended 4-15-2014 by Ord. No. 2014-949]
(1)
It
is unlawful for any person to keep or permit the keeping on streets,
vacant lots, and residential lawns, except in a fully enclosed structure,
any motor vehicle, trailer or semitrailer:
G.
Uncovered vehicles. It is unlawful for any vehicle
to be driven, moved, stopped or parked on any highway unless such
a vehicle is constructed or loaded to prevent any of its load from
dropping, sifting, leaking or otherwise escaping therefrom. 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 therefor.
H.
Construction sites. 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 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 construction areas and to maintain
and empty the receptacles in such a manner and with such a frequency
as to prevent spillage of refuse.
I.
Open or overflowing waste disposal bins. It is unlawful
for any residential or commercial property owner to permit open or
overflowing waste disposal bins on his or her property.
J.
The owner or person in control of any public or private
property or vacant or improved land shall at all times maintain the
premises so as not to attract people who will dump their solid or
liquid waste upon such premises. In the event that persons do dump
on lands within the Borough, the owner or persons in control of the
property shall have the obligation to take immediate steps to remove
such solid waste, liquid waste, garbage, refuse or rubbish from the
premises.
K.
No person shall discard, throw, dump, pour, release,
place or cause to be placed any material in and around the municipal
recycling facility of the Borough of Essex Fells other than accepted
recyclable materials, nor shall any person improperly dispose of accepted
recyclable materials at the municipal recycling facility in such a
manner so as to cause contamination of separated recyclable materials.
The penalty for a violation of this subsection shall be:
[Amended 4-15-2014 by Ord. No. 2014-949; 10-15-2019 by Ord. No.
2019-1024]
[Amended 10-15-2019 by Ord. No. 2019-1024}
The Borough's Construction
Official, DPW Superintendent, members of the Essex Fells Police Department,
and any other officer or employee designated by the Borough Administrator
are authorized and directed to enforce the provisions of this article.
