[HISTORY: Adopted by the Mayor and Council of the Borough
of Roselle as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-22-1989 by Ord. No. 1743 (Ch. 78A, Art. I, of the 1975 Borough
Code)]
A.Â
For the purpose of this article, the following terms, phrases, words
and their derivations shall have the meanings stated herein unless
their use in the text of this article clearly demonstrates a different
meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
[Amended 5-18-2005 by Ord. No. 2227]
B.Â
AIRCRAFT
AUTHORIZED PRIVATE RECEPTACLE
BOROUGH
COMMERCIAL HANDBILL
(1)Â
(2)Â
(3)Â
(4)Â
GARBAGE
LITTER
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRINCIPAL ADVERTISER
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air, including helicopters
and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle.
The Borough of Roselle.
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, paper, booklet or any other printed or otherwise
reproduced original or copies of any matter of literature which:
Advertises for sale any merchandise, product, commodity or thing.
Directs attention to any business or mercantile or commercial
establishment or other activity for the purpose of either directly
or indirectly promoting the interest thereof by sales.
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. 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, exhibit or event of any kind
when either of the same is held, given or takes place in connection
with the dissemination of information which is not restricted under
the ordinary rules of decency, good morals, public peace, safety and
good order; provided, however, that nothing contained in this subsection
shall be deemed to authorize the holding, giving or taking place of
any meeting, theatrical performance, exhibition or event of any kind
without a license, where such license is or may be required by law
of this state or under ordinance of the Borough.
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 private benefit
and gain of any person so engaged as advertiser or distributor.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare. Any
newspaper delivered to real property such that the newspaper is delivered
on the side of the public sidewalk closer to the structure(s) on the
property, as opposed to the street side, shall not constitute "litter."
In the event that there is no public sidewalk adjoining the real property,
then any newspaper delivered more than 10 feet from the street curb
toward the structure on the property, as opposed to the street side,
shall not constitute "litter." "Litter" shall also be defined as 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 or other lawn or garden waste, newspapers,
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.
[Amended 7-25-1990 by Ord. No. 1806; 5-18-2005 by Ord. No. 2227]
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 the recording office provided
by general law. In addition thereto, "newspaper" shall mean and include
any periodical or current magazine regularly published with not fewer
than four issues per year and circulated to the public, whether free
of charge or for consideration.
[Amended 7-25-1990 by Ord. No. 1806]
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, newspaper, magazine, paper booklet or any other
printed or otherwise reproduced original copies of any matter of literature
not included in the aforesaid definitions of a "commercial handbill"
or "newspaper."
A park, reservation, playground, recreation center or any
other public area in the Borough owned or used by the Borough and
devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization or any kind.
In a commercial handbill, the person, firm or corporation
whose advertising message occupies a substantial amount of the advertising
space in the handbill such that it appears to be the sponsor of the
handbill.
Any dwelling, house, building or other structure designed
or used, either wholly or in part, for private residential purposes,
whether uninhabited or temporarily or continuously inhabited or vacant,
including but not limited to any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling,
house, building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways, paved or unpaved, and any and all public parks, squares,
spaces, grounds and buildings.
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, wood, glass, bedding, crockery and similar
materials.
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.
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Borough except in public
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
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 or other public place within
the Borough the accumulation of litter from any building or lot or
from any public or private sidewalk or driveway. Persons owning or
occupying places of business within the Borough shall keep their business
premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
Borough or upon private property.
No person shall drive or move any truck or other vehicle within
the Borough unless such vehicle is so constructed or loaded as to
prevent any load or contents of litter from being blown or deposited
upon any street, alley or other public place or property.
No person shall throw or deposit litter in any fountain, pond,
stream or any other body of water within the Borough.
No person in any aircraft shall throw out, drop or deposit within
the Borough any litter, handbill or any other object.
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 street, sidewalk or other public place or upon
any private property.
The owner or person in control of any 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.
No person shall throw or deposit litter in or upon any commercial
or industrial place except in approved receptacles. Persons owning
or in control of commercial or industrial places must provide receptacles
for litter of sufficient size to be adequate for the area. Owners
or tenants are completely responsible for the policing of the premises.
Upon complaint of any citizen or Borough officials of trash or litter,
if it can be determined from which store or place of business the
trash originated, the owner(s) or tenant(s) will be held responsible.
The owner of any animal that violates this article shall be
subject to the same penalty as provided for violations generally.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the Borough nor shall any person hand out, distribute or sell any
commercial handbill in any public place; provided however, that it
shall not be unlawful for any person to hand out or distribute, without
charge to the receiver thereof, any noncommercial handbill to any
person willing to accept it.
No person shall throw or deposit any commercial or noncommercial
handbill 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 to
any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial
handbills in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill 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 peddlers or agents," "no advertisement"
or any similar notice indicating in any manner that the occupants
of said premises do not desire to be molested or have their rights
of privacy disturbed or to have any such handbills left upon such
premises.
A.Â
No person shall throw, deposit or distribute or cause to be thrown, deposited or distributed any commercial or noncommercial handbill in or upon private premises which is inhabited if the owner of said premises has either posted said premises as specified in § 279-17 or notified the publisher or distributor of said handbill, by certified mail, return receipt requested, that no handbills are to be delivered to said premises. In the case of premises which are not posted and for which no notice has been sent, a person may place or deposit handbills thereupon, being careful to secure the same and prevent such handbills from being blown or drifted about such premises or sidewalks or streets or other public places; mailboxes may not be so used when so prohibited by federal postal law or regulations.
B.Â
Exemption for mail and newspapers. The provisions of § 279-17 and Subsection A of this section shall not apply to the distribution of mail by the United States nor to newspapers, as defined herein, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property and shall be placed within five feet of any door to said private property.
[Added 2-15-2012 by Ord.
No. 2417-12]
No person shall cast or place, or cause to be placed, in any
of the streets of the Borough or on the sidewalks thereof, or into
vestibules or yards, or upon porches of any dwelling houses or other
buildings, or on private property within the limits of the Borough,
or into any vehicle while on the public highways or public places
thereof, any paper, advertisement, handbill, circular or wastepaper;
provided that nothing contained herein shall be held to apply to newspapers
and addressed envelopes delivered to subscribers and addresses.
A.Â
All deliveries of newspapers, tabloids, or any other type of periodical
not sent via the United States Postal Service to any residence shall
be made by placement of the aforesaid newspaper, tabloid or periodical
by the delivering party upon the porch or uppermost step leading to
the front or side entrance to such residence, but in no event shall
any such newspaper, tabloid or periodical be placed further than three
feet from the door of said entrance.
B.Â
In no event shall any item subject to delivery referred to in the
preceding subsection be left, thrown, or otherwise deposited upon
or into the shrubbery, lawn, or sidewalk of said residence.
[Amended 8-20-1997 by Ord. No. 2054]
No person shall post or affix any notice, poster, handbills
or other paper or device to any public utility pole or wire, public
building or structure, except as may be authorized or required by
law.
A.Â
There shall be a rebuttable presumption that an owner or person in
control of any private property has violated this article and failed
to keep and maintain the premises free of litter, as the term is used
in this article, if the litter, as defined herein, remains on the
property and unremoved for a period in excess of 24 hours.
B.Â
No notice or warning by or to any person is required prior to the
issuance of a summons or complaint for any violation of this article;
however, nothing herein shall be deemed to prevent the issuance of
said notice or warning permitting a reasonable time period for the
removal of litter prior to the issuance of said summons or complaint.
C.Â
The fact of the charging or conviction of any person for the throwing
or depositing of litter in violation of this article shall not relieve
the owner or person in control of any private property of the responsibility
to keep and maintain the property free of litter in accordance with
the provisions of this article.
D.Â
The provisions of this article shall not apply to the officers and
employees of the Borough Department of Public Works in the exercise
of their trash collection activities, nor shall the provisions thereof
apply to the deposit and maintenance of litter in a location, suitably
enclosed in a secured trash dumpster, trash can or trash bag, along
the street line, suitable to Borough or other authorized trash collection,
for a period not to exceed one week.
[Amended 7-2-1990 by Ord.
No. 1806]
[Adopted 6-14-1989 by Ord. No. 1760 (Ch. 78A, Art. II, of the 1975 Borough
Code)]
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.
As used in this article, the following terms shall have the
meanings indicated:
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 or other lawn or garden waste,
newspaper, magazines, glass, metal, plastic or paper containers of
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.
A.Â
Litter receptacles and their servicing are required at the following
public places which exist in the municipality: 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; parks; drive-in restaurants;
all street vendor locations; self-service refreshment areas; construction
sites; gasoline service station islands, shopping centers; parking
lots; 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.
B.Â
A "litter receptacle" means a container suitable for the depositing
of litter.
It shall be unlawful for any person to discard or dump along
any street or road, on or off any right-of-way, any household or commercial
solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber
tires, appliances, furniture or private property, except by written
consent of the owner of said property, in any place not specifically
designated for the purpose of solid waste storage or disposal.
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 or during days designated for
the collection of bulky items.
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 or on days designated for the collection
of tires.
It shall be unlawful for any residential property owner to park
or permit the parking of any vehicle on his or her residential lawn.
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, of any motor vehicle, trailer or semitrailer which is missing
tires, wheels, the engine or any essential parts or which displays
extensive body damage or deterioration or which does not display a
current, valid state license or which is wrecked, disassembled or
partially disassembled.
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 5-18-2005 by Ord. No. 2227]
A.Â
Any person who violates or refuses to comply with any provision of Chapter 279 shall, upon conviction thereof, be subject to a fine of not more than $1,000 or to imprisonment in the county jail for not more than 90 days, or both, but in no event less than $50 for the first offense, $250 for the second and $750 for the third or subsequent offense.
B.Â
Each day that any knowingly violation hereunder shall continue shall
be deemed a separate offense or violation.
[Added 7-26-1989 by Ord.
No. 1770; amended 10-27-1993 by Ord. No. 1926; 5-18-2005 by Ord. No. 2227]
This article shall be enforced by the Roselle Police Department,
Department of Public Works, and the Health Officer.
