For the purposes of this chapter, the following words shall
have the following meanings:
BOROUGH
The Borough of Washington, in the County of Warren and State
of New Jersey.
COMMERCIAL HANDBILL
Any printed or written matter, sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copy of any matter of literature:
A.
Which advertises for sale any merchandise, product, commodity
or thing;
B.
Which directs attention to any business or mercantile or commercial
establishment or any activity for the purpose of either directly or
indirectly promoting the interest thereof by sale;
C.
Which directs attention to or advertises any meeting, theatrical
performance, exhibition or event of any kind for which an admission
fee is charged for the purpose of private gain or profit, but the
terms of this subsection shall not apply where an admission fee is
charged or a collection is taken up for the purpose of defraying the
expenses incident to such meeting, theatrical performance, exhibition
or event of any kind; or
D.
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the profit, benefit
or gain of any person so engaged as advertiser or distributor.
LITTER
Any substance, waste material, garbage, refuse, or rubbish
which has been discarded, whether made of aluminum, glass, plastic,
rubber, paper or any 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 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
extracting processes, logging, sawmilling, farming or manufacturing.
NEWSPAPER
Any newspaper of general circulation as defined by general
law; any newspaper duly entered with the Post Office Department of
the United States in accordance with federal statute or regulation
and any newspaper filed and recorded with any recording officer as
provided by general law; and in addition thereto shall mean and include
any periodical or current magazine regularly published with not fewer
than four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of
a "commercial handbill" or "newspaper."
PARK
A park, reservation, playground, recreation center or any
other public area of the Borough or other public entity devoted to
active or passive recreation by the public.
No person shall throw or deposit litter in or upon any street,
road, sidewalk or other public place within the Borough, except in
public receptacles or authorized private receptacles for collection.
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent it
from being carried or deposited by the elements upon any street, sidewalk,
road, alley or other public place or upon private property.
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street, parking lot or public place
within the Borough the accumulation of litter from any building or
lot or from any public or private sidewalk, driveway or parking lot.
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 any commercial or noncommercial
handbill or newspaper in or upon any vehicle; provided, however, that
it shall not be unlawful in any public place for a person to hand
out or distribute, without charge to the receiver thereof, a noncommercial
handbill or newspaper to any occupant of a vehicle who is willing
to accept it.
No person shall throw or deposit any commercial or noncommercial handbill or newspaper in or upon any private premises which are temporarily or continuously uninhabited or vacant. Section
55-11B shall apply hereto.
No person shall throw, deposit or distribute any commercial or noncommercial handbill or newspaper upon any private premises if requested by anyone thereon not to do so or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words: "No Trespassing," "No Advertisements" or "No Peddlers or Agents," or any similar notice indicating in any manner that the owner, occupant or tenant of the premises does not desire to be molested or have his right of privacy disturbed or to have any such handbills or newspapers left upon such premises. Section
55-11B shall apply hereto.
No person shall throw or deposit litter on any occupied or unoccupied
private property within the Borough, whether owned by such person
or not, except that the owner or person in control of private property
may maintain authorized private 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.
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, however,
that this section shall not prohibit the storage of litter in authorized
private receptacles for collection.
No person shall throw or deposit litter on any open or vacant
private property within the Borough, whether owned by such person
or not.
Enforcement of the within chapter shall be made by regular and
special officers of the police agency servicing the Borough of Washington,
the Zoning Officer of the Borough of Washington, or any other officer
authorized by the Board of Health to enforce this code and chapter;
or upon complaint of any citizen or any authorized county or state
health department or agency.
Any person who shall violate this chapter shall, upon conviction
thereof, pay a fine not exceeding $500 or be imprisoned in the county
jail for a term not exceeding 90 days, or both, for each offense,
in the discretion of the court. Each day said offense continues shall
constitute a separate offense.
Nothing in this chapter shall be construed to pertain to junk
dealers, junkyards, motor vehicle junk dealers, motor vehicle junkyards,
wholesale junkyards or wholesale junkyard scavengers duly licensed
by the Borough of Washington.