[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerdale 3-13-1991 by Ord. No. 91:02. Amendments noted where
applicable.]
For the purpose of this chapter, the terms used herein are defined
as follows:
Any contrivance now known or hereafter invented, used or
designed for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
The Borough of Somerdale, Camden County, New Jersey.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter of literature.
Garbage, trash, refuse, building and construction debris
and any other matter or material which, if thrown or deposited as
herein prohibited, tends to create a nuisance or danger to public
health, safety and welfare or otherwise creates an unsightly, unclean
or unattractive condition.
Any park, playground, recreation center or any other public
place in the Borough, owned or used by the Borough and devoted to
active or passive recreation.
Any natural person, firm, partnership, association, corporation,
company, public utility or organization of any kind.
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 shall include any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling house,
building or other structure.
Any and all streets, sidewalks, alleys or other public ways,
and any and all public parks, squares, spaces, grounds and buildings.
No person shall throw, drop, discard or otherwise place any
litter of any nature upon public or private property other than in
a litter receptacle.
Persons placing litter in public or 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.
No person shall sweep into, deposit or otherwise place in any
gutter, street or other public place within the Borough the accumulation
of litter from any building or lot or from any public or private sidewalk
or driveway, except the occupants may rake fallen leaves into the
gutter for purposes of collection.
Persons owning or occupying places of business within the Borough
shall keep the sidewalks, parking areas and other common areas surrounding
their business premises, including alleyways and rear areas, free
of litter.
No person shall drive or move any truck or other vehicle within
the Borough 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 drive
or move any vehicle or truck within the Borough the wheels or tires
of which carry onto or which deposit in any street, alley or other
public place mud, dirt, sticky substances, litter or foreign matter
of any kind.
No person shall throw, drop, discard or otherwise place any
litter of any nature in any park within the Borough except in 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 receptacles are not provided,
all litter shall be carried away from the park by the person responsible
for its presence and properly disposed of elsewhere.
No person shall throw, deposit or distribute any handbill in
or upon private premises, except by handing or transmitting any such
handbill directly to the owner, occupant or other person then represent
in or upon such premises, or by placing or depositing any such handbill
in such a manner as to secure or prevent such handbill from being
blown or drifted about the premises, sidewalks, streets or other public
places, except to the extent that mailboxes may not be so used when
prohibited by federal postal law or regulations. The provisions of
this section shall not apply to the distribution of mail by the United
States, nor to newspapers, except that newspapers shall be placed
on private property and in such a manner as to prevent their being
carried or deposited by the elements upon any street, sidewalk or
other public place or upon private property.
No person in an aircraft shall throw, drop, discard or otherwise
place within the Borough any litter of any nature upon public or private
property.
No person shall post or affix any notice, poster or other paper
or device calculated to attract the attention of the public to any
lamppost, public utility pole, shade tree or upon any public structure
or building, except as may be authorized or required by law.
B.
In addition to any penalty imposed under Subsection A above, the court may direct the person to perform community service, including litter pickup and removal from any public property or any private property, with permission of the owner, upon which the person deposited litter, for a term of not less than 20 hours nor more than 40 hours.
C.
A person who is convicted of an offense under this chapter within
one year of the date of a previous conviction thereunder may be sentenced
to imprisonment for a definite term not to exceed 60 days; may, in
addition, be sentenced to pay a fine not to exceed $1,000; and may
be directed to perform community service, including litter pickup
and removal from any public property or from any private property,
if permission of the owner has been granted, for a term of not less
than 40 nor more than 80 hours.