[HISTORY: Adopted by the Mayor and Council of the Township of Mount Olive 8-23-1988 by Ord. No. 34-88 (Ch. 150 of the 1990 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Litter Ordinance of the Township of Mount Olive."
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.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- Any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.
- Any craft designed to be occupied by one or more persons and used on, in or under water.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definition of a newspaper.
- 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, saw milling, farming or manufacturing.[Amended 6-29-1993 by Ord. No. 15-93]
- Any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Postal Service in accordance with federal statute or regulation and any newspaper filed and recorded with any recording officer as provided by general law and, in addition thereto, includes any periodical or current magazine regularly published with not fewer than four issues per year and sold to the public.
- 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 person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any 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 includes any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, buildings and bodies of water.
- RECYCLE BIN
- A container designed and utilized for the accumulation of recyclable materials, such as glass, newspaper, cardboard and aluminum cans.
- All putrescible and nonputrescible solid wastes (except body wastes), including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles 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.
- The Township of Mount Olive.
- 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.
[Amended 6-29-1993 by Ord. No. 15-93]
It is unlawful for any person, partnership, corporation, firm or other entity to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than in a litter receptacle.
Persons placing litter in public receptacles or in authorized 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 place or upon private property.
Commercial establishments which sell food directly to the public shall provide receptacles for disposing of litter inside and outside such establishment.
No person shall sweep into or deposit in any gutter, street or other public place within the Township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the Township shall keep the sidewalk in front of their business premises free of litter.
No person owning a recycle bin shall sweep into or deposit in any gutter, street or other public place within the Township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning a recycle bin shall keep the sidewalk and immediate area within 50 feet of the recycle bin free of all litter. Owners of recycle bins shall notify the Township Department of Health, Welfare and Sanitation of the owner's name, address and telephone number upon initial installation of such a bin and, thereafter, upon any change in ownership.
No person shall drive or move any truck or other vehicle within the Township 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.
No person shall throw or deposit litter in any park within the Township, 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.
No person shall throw, sweep or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the Township.
No person shall throw or deposit any handbill in or upon any sidewalk, street or other public place within the Township. This chapter does not restrict any person's constitutional right to distribute handbills in any public place to persons willing to accept them.
No person shall throw or deposit any handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw, deposit or distribute any handbill, advertisement or other writing upon any private premises if requested by anyone thereon not to do so or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisement" or any similar notice indicating, in any manner, that the occupants of said premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises.
No person in an aircraft shall throw out, drop or deposit within the Township any litter, handbill or any other object.
No person shall throw or deposit litter on any open or vacant private property within the Township, whether owned by such person or not.
Notice to remove. Any Department of Health, Welfare and Sanitation employee is hereby authorized and empowered to notify the owner of any open or vacant private property within the Township 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 certified mail, return receipt requested, addressed to said owner at his last known address.
Action upon noncompliance. 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 Subsection A above or within 10 days after the date of such notice in the event that the same is returned to the Township Post Office Department because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Health Department employee is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Township.
Charge included in tax bill. When the Township has effected the removal and disposal of such dangerous litter or has paid for its removal and disposal, the actual cost thereof, plus accrued interest at the rate of 12% per annum from the date of the completion of work, if not paid by such owner prior thereto, shall operate as a municipal lien on the property.
[Added 12-19-1989 by Ord. No. 38-89]
Proprietors of the following places or sponsors of the following events shall be responsible for providing and servicing receptacles for litter so that adequate containerization is available: pedestrian walkways; shopping malls; 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, government 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, parades, carnivals, circuses and festivals.
[Amended 9-25-1990 by Ord. No. 40-90]
Any person, firm or corporation who violates any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following: by imprisonment for a term not exceeding 90 days or by a fine not exceeding $1,000 or by a period of community service not exceeding 90 days.
This chapter may be enforced by any employee of the Board of Health or any member of the Police Department.