[HISTORY: Adopted by the Mayor and Council of the Borough of Penns Grove 6-21-1988 by Ord. No. 88-9 (Ch. 152 of the 1986 Code). Amendments noted where applicable.]
[Amended 4-4-1995 by Ord. No. 95-5]
It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than in a litter receptacle, mailbox, letter box, post office box, drop or letter drop.
As used in this chapter, the following terms shall have the meanings indicated:
- DROP or LETTER DROP
- A mechanism which constitutes a receptacle or slot into which a booklet, pamphlet, brochure, leaflet, journal, gazette, newspaper, magazine, tabloid, treatise or other paper is dropped in order to provide for transfer, delivery or deposit.
- 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 or 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. Also, any booklet, pamphlet, brochure, leaflet, journal, gazette, newspaper, magazine, tabloid, treatise or other paper product which has been gratuitously discarded, thrown, deposited, dropped, delivered, transferred, given or otherwise placed for any other purpose.
- LITTER RECEPTACLE
- A container suitable for the depositing of litter.
- A container suitable for the depositing of mail, letters, correspondence and messages.
Litter receptacles and their servicing are required at public places which exist in the municipality, including:
Sidewalks used by pedestrians in 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;
All street vendor locations;
Self-service refreshment areas;
Gasoline service station islands;
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.
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.
[Amended 10-18-1988 by Ord. No. 88-14]
It shall be unlawful for any person to transport any litter, household or commercial solid waste, junk, vehicle or vehicle parts, rubber tires, appliances or furniture to the Borough of Penns Grove from outside the Borough of Penns Grove for the purpose of throwing, dropping, discarding or otherwise placing the aforesaid materials upon any public or private property, including a litter receptacle, with or without the consent of the owner or occupant of said property. Any owner or occupant of Borough property who consents to the throwing, dropping, or discarding of the aforementioned materials, as well as the person transporting the aforementioned materials into the Borough of Penns Grove for the purpose of throwing, dropping or discarding them, shall be subject to the penalties for the violation of this chapter.
The Borough of Penns Grove, through a resolution duly adopted by the Mayor and Council, may grant an exemption to this section for the purpose of entering into a cooperation agreement with another municipality for the storage and disposal of said materials.
It shall be 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. Said items may be placed outside immediately prior to the scheduled pickup thereof.
It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential, except in a fully enclosed structure. Tires may be placed outside immediately prior to the scheduled pickup thereof.
It shall be unlawful for any residential property owner to park or permit the parking of any vehicle on his or her residential lawn.
[Amended 4-4-1995 by Ord. No. 95-6]
It shall be 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 which:
Is missing tires, wheels, engine or any essential parts;
Displays extensive body damage or deterioration which renders the vehicle inutile or otherwise inoperable or in violation of the Motor Vehicle Code of the State of New Jersey;
Does not display a current, valid state license or registration; or
Is wrecked, disassembled or partially disassembled.
This section shall supersede any and all conflicting provisions found elsewhere within this Code, including Chapter 212, Vehicles, Abandoned, and any other provision of this Code which adopts or incorporates, by reference or otherwise, any relevant provision of the BOCA Code relating to the subject of inoperable or junk cars. Otherwise, this section shall be read in pari materia with any nonconflicting provision found in any other part of this Code.
Editor's Note: Reference is to Ch. 212, Vehicles, Abandoned, of the 1986 Code which was removed from the Code as superseded by this section.
It shall be 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.
It shall be 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.
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her 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 the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind and to keep sidewalks, areaways, 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. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free of litter. All sweepings shall be collected and properly containerized for disposal.
[Amended 7-5-2017 by Ord. No. 2017-5]
A person who throws, drops, discards or otherwise places any litter of any nature upon public or private property other than in a litter receptacle commits a petty disorderly persons offense and, notwithstanding the provisions of N.J.S.A. 2C:43-3 to the contrary, for every such offense shall be fined not less than $100 nor more than $500. The Superior Court and Municipal Court shall have jurisdiction to enforce this section. The state or the Borough may institute proceedings under this section. If a money judgment is rendered against a defendant, the payment made to the Court shall be remitted to the Chief Financial Officer of the Borough, to be used by the Borough to help finance litter control activities in addition to or supplementing existing litter pickup and removal activities in the Borough.
If a person violates Subsection A of this section the Court, in addition to any penalty imposed under that subsection, 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.
A person who is convicted of an offense under Subsection A of this section within six months after the date of a previous conviction thereunder shall be sentenced to pay a fine not less than $250 nor more than $1,000, may be sentenced to imprisonment for a definite term not to exceed 60 days, 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.