[HISTORY: Adopted by the Township Committee of the Township of Winslow 3-27-85 as Ord. No. 0-13-85. Amendments noted where applicable.]
This chapter shall be known and cited as the "Winslow Township Anti-Litter Ordinance."
Word usage. 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 or permissive.
Definitions. For the purposes of this chapter, the following terms, phrases, words and their derivatives shall have the meanings given herein:
- Any contrivance now known or hereinafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage and collection receptacle.
- COMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature:
- (1) Which advertises for sale any merchandise, product, commodity or thing;
- (2) Which 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;
- (3) 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 the admission fee is charged or a collection is taken up for the purpose of defraying the expense incident to such meeting, theatrical performance, exhibition 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 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 any law of this State or under any ordinance of this township; or
- (4) 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 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.
- Any used or unconsumed substance or waste 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 10-25-05 by Ord. No. 0-30-05]
- LITTER RECEPTACLE
- A container suitable for the depositing of litter.[Added 10-12-05 by Ord. No. 0-30-05]
- 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 less than four (4) 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."
- 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.
- Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.[Amended 10-25-05 by Ord. No. 0-30-05]
- PRIVATE PREMISES
- Any dwelling, house, building or other structure designated 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 structure.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways 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, leaves, wood, glass, bedding, crockery and similar materials.
- The Township of Winslow, County of Camden 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 highway, including devices exclusively upon stationary rails or tracks.
[Amended 10-25-05 by Ord. No. 0-30-05]
It shall be unlawful for any person to throw, drop or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
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 shall sweep into or deposit in any gutter, street, right-of-way or other public place within the township, the accumulation of litter from any building or lot or from any public or private driveway or sidewalk. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. This section shall in no way prohibit the deposit or sweeping of leaves for collection or pickup in accordance with any ordinance or regulation by the township.
No person owning or occupying a place of business shall sweep into or deposit into any gutter, street or other public place within the township, 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 township shall keep their parking lots and the sidewalk in front of their business premises free of litter.
[Amended 10-25-05 by Ord. No. 0-30-05]
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this chapter, the operator or owner, or both of the motor vehicle or boat shall also be deemed to have violated this chapter.
No person shall drive or move any truck or other vehicle within the township, unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place, nor shall any person drive or move any vehicle or truck within the township, the wheels or tires of which carry onto or deposit in any street, alley, or other public place, mud, dirt, sticky substance, litter or foreign matter of any kind so as to create a nuisance, hazard or dangerous condition on or upon the streets, alleys or other public places within the township.
No person shall throw or deposit litter in any park, playground or recreational area within the township, except in public receptacles and in such manner that the litter will be preserved from being carried or deposited by the elements upon any part of the park, playground, recreational area or upon any street or other public place. Where public 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 as provided herein.
No person shall throw or deposit litter in any lake, stream, pond, fountain or other body of water in any park or elsewhere within the township.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the township, nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept the same, on any sidewalk, street or other public place within the township.
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 the same.
No person shall throw or deposit any commercial or noncommercial handbill 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, are 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 right of privacy disturbed or to have any such handbills left upon such premises.
No person shall throw, deposit or distribute any commercial or noncommercial handbills in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in the case of inhabited private premises which are not posted as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or public places and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
Exemption for mail and newspapers. The provisions 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.
No person in any aircraft shall throw out, drop or deposit within the township any litter, handbills or other object.
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamp-post, public utility pole or shade tree or upon any public structure or building, except as may be authorized or required by law.
[Deleted 2-25-14 by Ord. No. O-2014-003]
[Added 10-25-05 by Ord. No. 0-30-05]
The provisions of this chapter shall be enforced by the Winslow Township Police Department and the Winslow Township Code Enforcement Officers.
[Amended 10-25-05 by Ord. No. 0-30-05]
Any person violating any of the provisions of this chapter, including any person who shall hinder or interfere with anyone authorized or empowered to perform any duty hereunder, shall be subject to a fine not to exceed five hundred dollars ($500.), or by imprisonment in the county jail for a period of not to exceed ninety (90) days, or by both, and each day's continuance of the violation shall constitute a separate and distinct violation.