[HISTORY: Adopted by the Board of Commissioners of the Borough
of Mount Ephraim 5-1-1973 (Ch.
65, Art. I, of the 1973 Borough Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Anti-Litter
Ordinance of the Borough of Mount Ephraim."
It is hereby declared to be in the best interests of the citizens
of the Borough of Mount Ephraim that measures be adopted to eliminate
certain fire hazards and conditions injurious to the public health,
safety or general welfare, as hereinafter provided.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
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.
The legally constituted health departments who have jurisdiction
within the Borough of Mount Ephraim.
A litter storage and collection container constructed of
durable material with a tightly fitting cover.
The Borough of Mount Ephraim.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
A park, reservation, playground, recreation center, conservation
area or any other public area in the Borough owned or used by the
Borough and devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company 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 uninhabited or temporarily or continuously inhabited or vacant,
and shall include, but not be limited to, 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, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds,
buildings or conservation areas.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned or junk 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, wood, glass, bedding, crockery and similar
materials.
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Borough except in public
receptacles or in authorized private receptacles for collection.
Persons placing litter in authorized 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 or deposit 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. 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 Borough 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 Borough shall keep the sidewalk
in front of their business premises free of litter.
No person shall throw or deposit litter on any open, occupied
or vacant private property within the Borough, whether owned by such
person or not. The owner or person in control of any private property
shall at all times maintain the premises free of litter and maintain
authorized receptacles for collection in such a manner that litter
will be prevented from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon any private
property.
Every owner, lessee or occupant of lots or plots shall keep
such lots or plots free and clear of the growth of any underbrush,
wild shrubbery and brush growth likely to spread fires. Responsibility
for said clearance shall extend from the rear property line to the
front curbline.
No person shall kindle or maintain any bonfire or other fire
or shall knowingly furnish materials for such fire, or authorize any
such fire to be kindled or maintained anywhere within the political
boundaries of the Borough of Mount Ephraim, without first obtaining
the written consent of the Borough Fire Marshal.
Whenever the owner or tenant of any lands lying within the limits
of the Borough of Mount Ephraim shall make, cause or permit an accumulation
of litter in, on or upon said lands, so as, in the opinion of the
administrative authority, to constitute a fire hazard or a menace
or danger to the public health, safety or general welfare, a written
notice shall be given to said owner or tenant directing him to remove
same from such lands within 10 days after the giving of said notice.
Said notice may be given in the same manner as provided for the service of judicial process in any of the courts of the State of New Jersey, or by sending same by registered mail, return receipt requested, postage prepaid, addressed to said owner or tenant at his last known post office address. Said notice shall specify the condition constituting the hazard or menace existing upon such lands and shall contain a summary of the provisions of §§ 246-13, 246-14 and 246-17.
If the owner or tenant of such lands to whom such notice shall
have been given as aforesaid shall refuse or neglect to remove said litter,
within said ten-day period, then the same shall be removed from said
lands by or under the direction of the Chief of the Police Department,
the Chief of the Fire Department, the Fire Marshal and the Borough
Clerk of the Borough of Mount Ephraim, or by or under the direction
of a majority of said officers, and it shall be lawful for them, or
the person or persons employed by them for the purpose, to enter upon
said lands to remove the same.
In all cases where such litter is removed from any lands by
or under the direction of said officers, such officers, or a majority
of them, shall certify the cost thereof to the Board of Commissioners
who shall examine the certificate and, if found to be correct, shall
cause the cost as shown thereon to be charged against said lands,
as provided for in N.J.S.A. 40:48-2.14 of the Revised Statutes of
New Jersey. The amount so charged shall forthwith become a lien upon
such lands and shall be added to and become and form a part of the
taxes next to be assessed and levied upon such lands, payable when
the first quarterly installment of said taxes shall become due and
payable, the same to bear interest at the same rate as taxes, and
shall be collected and enforced by the same officers and in the same
manner as taxes.
[Added 6-7-1990 by Ord.
No. 565]
Every owner, lessee or occupant of lots or plots shall provide
for litter receptacles and their servicing at the following public
places which exist in the municipality: pedestrian walkways, shopping
malls and active retail- and commercially zoned areas, such that there
shall be no single linear 1/4 mile without a receptacle; buildings
held out for use by the public, including schools, government buildings,
bus stations, parks, drive-in restaurants, off-street vendor locations,
self-service refreshment areas, construction sites, gasoline service
station islands, shopping centers, parking lots and trailer parks;
and special events to which the public is invited, including sporting
events, parades, carnivals, circuses and festivals. The proprietors
of these places and/or the sponsors of these events shall be responsible
for providing and servicing the receptacles such that adequate containerization
is available.
[Added 6-7-1990 by Ord.
No. 565]
No owner, lessee or occupant of lots or plots shall allow open
or overflowing commercial, industrial or residential waste disposal
bins to exist on any lot or plot.
