This article shall be known as the "Antidumping and Littering
Ordinance" and may be so cited.
As used in this article, the following terms shall have the
meanings indicated:
FEEDING
The intentional or unintentional placement or discarding
of consumable/edible, prepared or unprepared food or food product
which could potentially be consumed by an animal, without regard for
whether the item will actually be consumed by an animal.
GARBAGE
Putrescible animal and vegetable waste resulting from either
the handling, preparation, cooking or consumption of food.
LITTER
Garbage, refuse and rubbish, as such are defined herein,
and all other waste materials which are thrown or deposited as herein
prohibited and tend to create a danger to the public health, safety
and welfare.
PERSON
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 residential purposes, whether
inhabited or temporarily or continuously inhabited or vacant, and
shall include any yard, grounds, walk, driveway, porch, step, vestibule
or mailbox belonging to or appurtenant to such dwelling, house or
building or other structure.
PUBLIC PLACE
Includes all streets, sidewalks, boulevards, alleys or other
public walkways and all public parks, squares, spaces, docks, grounds
and buildings.
PUTRESCIBLE
Decomposing organic matter usually composed of rotten or
foul-smelling solid waste.
REFUSE
All putrescible and nonputrescible solid wastes, except body
wastes, including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and boats and solid market and industrial
waste, specifically including abandoned furniture, household equipment,
scrap building materials, scrap lawn and garden tools and machinery
and other such similar items.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrapping, cigarettes, cigars
and tobacco wastes, cardboard, tin cans, yard, garden or lawn clippings,
leaves, wood, glass, bedding, crockery and similar material.
SOLID WASTE
Any garbage, refuse and other discarded materials from industrial,
commercial and agricultural operation and from domestic and community
activities, and includes all other waste material, including liquids.
VEHICLE OR OTHER INSTRUMENT
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.
Any person found to have accidentally caused the improper disposal
of any liquids or solids through any incidental spills, automobile
accidents or otherwise, provided that said spill does not concern
hazardous or toxic waste otherwise controlled by state statute, shall
have 48 hours from the time of such accident to take corrective action
to fully clean up the accidental spill. In the event that said person
fails to take the necessary corrective action to clean up the accidental
spill, the other provisions of this article shall take full force
and effect as if the spill were not of an accidental nature.
All provisions contained within this article shall at all times
be subject to enforcement by the following department personnel: police,
fire prevention, housing and building construction, health and public
works. In addition, the Mayor, Business Administrator and Director
of Health shall have the authority to declare a public health emergency
and immediately and without prior notice abate any violation contained
within this article with the costs for same to be subject to restitution
to the Township of Irvington for all costs incurred in the removal.
In addition to the issuance of a summons above, a representative
of police, fire prevention, housing and building construction, health
and public works, in addition, the Mayor, Business Administrator and
Director of Health are authorized and empowered to order the immediate
removal and proper disposal of any garbage, litter, refuse, rubbish
or solid waste or any waste material. In the event that such material
is not immediately removed, the aforesaid are authorized to notify
the appropriate owner of any private premises or vacant land, or the
tenant or agent of such owner, or the person or persons responsible
for the disposal of any garbage, litter, refuse, rubbish, solid waste
or other waste material upon any public property, to properly remove
and dispose of such material within seven days after the receipt of
notice. Any written notice shall be by registered or certified mail,
return receipt requested, addressed to the responsible person or his
agent at his last known address or serviced upon such responsible
person. This section shall apply to cleanup of the affected property
only and shall not preclude enforcement of any other section of this
article.
Upon the failure, neglect or refusal of owner, tenant or agent
so notified to dispose properly of said garbage or litter within 10
days after the date of such notice or in the event that said notice
is returned to the Township by the post office because of an inability
to make delivery thereof, provided that the notice was properly addressed
to the last known address of the owner, tenant or agent, the serving
officer of the Township or his/her duly designated agent is authorized
and empowered to pay for disposing of such litter or to order its
disposal by the Township, after obtaining the appropriate authorization
from the Mayor, Business Administrator or Director(s) of Public Works,
Housing and Building Construction and/or Health.