[Adopted 10-12-2016 by Ord. No. MC 3585]
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:
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.
Putrescible animal and vegetable waste resulting from either
the handling, preparation, cooking or consumption of food.
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.
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 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.
Includes all streets, sidewalks, boulevards, alleys or other
public walkways and all public parks, squares, spaces, docks, grounds
and buildings.
Decomposing organic matter usually composed of rotten or
foul-smelling solid waste.
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.
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.
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.
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.
A.
Prohibition of dumping. No person shall, regardless of intent, engage or be permitted to engage in the disposal of any garbage, litter, refuse, rubbish or solid waste in any amount greater than 0.148 cubic yard of solids or 30 United States gallons of liquids, each of which is roughly equivalent to one thirty-gallon trash bag or garbage container, at any site within any private premises or public place in the Township of Irvington which has not received authorization from the Department of Environmental Protection and/or the Board of Public Utilities for the acceptance of such materials. Any person found to have engaged in the improper disposal of more than 0.148 cubic yard of solids or 30 United States gallons of liquids shall be subject to the penalties as provided in Subsection B of this section. In the event that the amount disposed of is less than the amount mentioned in this section, the provisions of this article which follow shall apply.
B.
Violations and penalties. Any person violating provisions of Subsection A of this section shall be subject to a disorderly persons offense and fine of a minimum amount of $2,500 per day first offense; maximum $5,000 per day second offense; maximum $10,000 per day maximum and/or imprisonment in the county jail for a term not to exceed six months, or both. Furthermore, any vehicle or other instrument utilized in the commission of a violation of Subsection A shall be subject to immediate confiscation by the Public Safety Department and forfeiture. Each and every violation of Subsection A of this section or each day that the violation of Subsection A continues unabated shall be construed as a separate and distinct violation thereof.
A.
Improper disposal of liquid waste. No person shall, regardless of
intent, be permitted to engage in the disposal of any liquid waste,
such as antifreeze, transmission fluid, vehicle battery acid or motor
oil, on any residential or public property by permitting said fluids
and/or substances to drain onto the ground, soil, grass, paved or
covered surface or into a storm sewer.
B.
Violations and penalties. Any person found to have permitted such drainage from any vehicle of any of the above-mentioned fluids shall be subject to a fine of a minimum amount of $1,000 for the first offense not to exceed $5,000 and a minimum of $5,000 second offense not to exceed $10,000 and a maximum amount of $10,000 third offense or imprisonment in the county jail for a term not to exceed six months, or both. Furthermore, any vehicle or other instrument utilized in the commission of a violation of Subsection A or from which any such discharge occurs shall be subject to immediate confiscation by the Public Safety Department and forfeiture. Each and every violation of Subsection A of this section or each day that the violation of Subsection A continues unabated shall be construed as a separate and distinct violation thereof.
A.
Littering in public or private places prohibited. No person shall
sweep, throw, deposit or dump any garbage, litter, refuse, rubbish,
solid waste or other waste material on any street or sidewalk or any
public or private premises, whether vacant or not, except in public
or private receptacles for the collection of such materials. No person
shall use any private receptacle which is owned or rented by another
without the express permission of the person who owns or rents the
private receptacle.
B.
Violations and penalties. Any person violating provisions of Subsection A of this section shall be subject to a fine in a minimal amount of $100 and a maximum amount of $500 or imprisonment in the county jail for a term not exceeding 90 days, or both. Each and every violation of Subsection A of this section or each day that the provisions of Subsection A are violated shall be construed as a separate and distinct violation thereof. Furthermore, any vehicle or other instrument utilized in the commission of a violation of Subsection A or from which said garbage, litter, refuse, rubbish, solid waste or other waste material is discharged or disposed shall be subject to immediate confiscation by the Public Safety Department and forfeiture. Each and every violation of Subsection A of this section or each day that the violation of Subsection A continues unabated shall be construed as a separate and distinct violation thereof.
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.
A.
When the Township has effected the removal of garbage or litter or
has paid for its removal, the actual cost thereof shall be chargeable
to the property owner responsible for the removal and disposal. When
the full amount due the Township is not paid by the owner within 30
days after the disposal of such garbage or litter, then and in that
case, the Department of Public Works shall certify the cost thereof
to the Township Tax Collector, which shall examine the certificate
and, if found to be correct, shall cause the cost as shown thereon
to be charged against said lands. The amount so charged shall constitute
a lien on the property and shall remain in full force and effect for
the amount due in the principal and interest, plus costs of court,
if any, for collection, until final payment has been made.
B.
Said costs and expenses shall be collected in the manner fixed by
law for the collection of taxes and shall be subject to a delinquent
penalty at the same rate as in the case of taxes in the event they
are not paid in full on or before the date the tax bill upon which
the charge appears becomes delinquent. The certification of the Township
Tax Collector in accordance with the provisions hereof shall be prima
facie evidence that all legal formalities have been complied with
and that the work has been done properly and satisfactorily and shall
be full notice to every person concerned that the amount of the statement,
plus interest, constitutes a charge against the property designated
or described in the statement and that the same is due and collectible
as provided by law. Any legal costs associated with said collection
shall also be borne by the responsible party or owner and shall likewise
be assessed as a lien.
