[HISTORY: Adopted by the Township Council of the Township of Denville by Ord. No. 9-90 (Ch. 3, Sec. 3-2, of the 1978 Revised General Ordinances). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Denville Township Anti-Litter Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- 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, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings, 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.
- LITTER RECEPTACLE
- A container suitable for the depositing of litter which is so designed to contain litter in the receptacle from the effects of the weather and which is of sufficient size to contain all litter deposited therein between normal periodic servicing.
- A park, reservation, playground, beach, recreation center or any other public area in the Township owned or used by the Township and devoted to active or passive recreation.
- PRIVATE PREMISES
- 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 structures.
- PUBLIC PLACE and PUBLIC BUILDING
- Every public place or building within the Township which is within the jurisdiction and control of the Township and is or may be in general use by all citizens, and in which all have an equal right of passage at will.
- All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned 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, leaves, wood, glass, bedding, crockery and similar materials.
- Highways, roads, avenues, boulevards, courts, public lanes, alleys, sidewalks, foot paths and all other public highways for vehicular or pedestrian travel.
- The Township of Denville, County of Morris and State of New Jersey.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a street, including devices used exclusively upon stationary rails or tracks.
No person shall throw, drop, discard, or otherwise put or place, or cause to be thrown, put or placed, into, upon or within any street, public place, parking lot or public building, litter of any nature or any substance, matter or thing whatsoever whereby the safe, free or unobstructed use of the same by the public may be in any way impeded or interfered with, or whereby the same may be detrimental to the health, safety or welfare of the public. Nothing in this section shall prohibit the deposit of any such material in any public or private litter receptacles approved by the Township for such purpose. Nothing contained in this section shall be construed to prohibit construction, repair or maintenance equipment, materials or machinery from being utilized on such street, public place, parking lot or public building.
Litter receptacles and their servicing are required at the following public places which exist in the Township of Denville, 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 in the center shopping area of the Township as defined by the Tax Assessor; buildings held out for use by the public, including schools, governmental buildings, and railroad and bus stations; parks, drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service stations islands; shopping centers; parking lots; campgrounds and trailer parks; marinas, boat and private piers operated for public use; beaches and bathing areas; and at special events to which the public is invited, including sporting events, 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.
To prevent scattering, persons placing litter in public or private litter 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.
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 sidewalks, alleyways, 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. All sweepings shall be collected and properly containerized for disposal.
No person, while a driver or passenger in a vehicle shall throw or deposit litter upon any street or other public place within the Township or upon private property.
It shall be unlawful for any vehicle to be driven, moved, stopped or parked within the Township, on any highway, street, alley or other public place, unless such vehicle is constructed or loaded to prevent any of its contents from dropping, shifting, leaking or otherwise escaping therefrom; nor shall any person drive or move any vehicle or truck within the Township, the wheels or tires of which carry onto or deposit on any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind. 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 thereof.
No person shall throw or deposit litter in any park within the Township except in public 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 within the Township or upon private property. Where public litter receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water anywhere within the Township.
No person shall throw or deposit litter on any occupied private property within the Township, whether owned by such person or not, except that the owner or person in control of private property may maintain private litter receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any streets, sidewalk or other public place or upon any private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter, provided, that this chapter shall not prohibit the storage of litter in private litter receptacles for collection.
[Amended by Ord. No. 11-01]
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, on private property, except by written consent of the owner of said property, or in any place not specifically designated for the purpose of solid waste storage or disposal, any household or commercial solid waste, garbage, rubbish, refuse, trash, debris, junk, vehicle or parts thereof, rubber tires, appliances, furniture or the like.
It shall be unlawful for any person to deposit any litter, refuse or rubbish, including garbage or recyclables, generated from private premises in any litter receptacle that is not located on the private premises inhabited by said person; except that recyclables may be deposited in designated containers located at the municipal recycling facility.
It shall be unlawful for any person to bring, cart, remove, transport or collect any litter from outside the Township and bring it into the Township for the purpose of dumping or disposing thereof except in an established sanitary landfill.
It shall be unlawful for any residential property owner to store or permit storage of any household waste, including household appliances, furniture, and mattresses, in areas zoned residential, except: in a fully enclosed structure, during days designated for the collection of bulky items, or away from public view such that the storage of such items is in such a manner so as not to constitute a threat to the public health, safety, and welfare.
It shall be unlawful for any residential property owner to open store or permit the open storage of tires in areas zoned residential, unless such tire or tires are stored in such a manner that there does not exist the potential for the breeding of mosquitoes.
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 litter receptacles and/or dumpsters adequate to accommodate litter at areas convenient to construction areas, and to maintain and empty the litter receptacles in such a manner and with such a frequency as to prevent spillage of litter. All renovations shall require a dumpster unless not required by the Division of Health.
It shall be unlawful for any residential or commercial property owner to permit or maintain open or overflowing litter receptacles on his, her or its property.
It shall be unlawful for any person to keep or permit the keeping on streets, vacant lots, residential lawns or on any premises located within the Township except within a fully enclosed structure, any motor vehicle, trailer or semitrailer which is (i) wholly unfit without rebuilding or reconditioning for use for street transportation; or (ii) which has been discarded for use as motor vehicle, trailer or semitrailer; or (iii) which does not display a current valid state license; or (iv) which is wrecked, disassembled or partially disassembled. This chapter shall not apply if it is proven by the owner that the vehicle in question is being actively reconditioned provided that:
Only one vehicle may be reconditioned outside of an enclosed structure at any given time on property;
Vehicle body parts and equipment necessary for the reconditioning of said vehicle are stored in an enclosed area;
The reconditioning is performed in such a manner so as not to create an eyesore or public nuisance; and
The vehicle is covered at all times when it is not being reconditioned.
No person shall prevent or interfere with any employee of the Department of Public Works or any municipally authorized person in the sweeping or cleaning of any street or in the removal of sweeping ashes, garbage, rubbish, snow, ice or other refuse material.
Notice to remove. The Health Officer of the Township is hereby authorized and empowered to notify the owner of any open or vacant private property within the Township or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to the public health, safety and welfare. The notice shall be by certified mail, return receipt requested, addressed to the owner at the last known address as shown on the current tax rolls of the municipality.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare, said Health Officer is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Township.
Charge included in tax bill. When the Township has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the same rate as set for delinquent taxes as set by the municipality per annum from the date of the completion of the work, if not paid by the owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to the owner by the Township, and the charge shall be due and payable by the owner at the time of such bill.
Recorded statement constitutes lien.
Where the full amount due the Township is not paid by such owner within 60 days after the disposal of such litter, as provided for in Subsections A and B above, then, and in that case, said Health Officer shall cause to be recorded in the office of the Township Clerk, a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which the work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any for collection, until final payment has been made.
The costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further shall be subject to a delinquent penalty of 6% in the event that same is not paid in full on or before the date of the tax bill upon which said charge appears becomes delinquent. Sworn statements records 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.