[HISTORY: Adopted by the Merchantville Borough Council 7-11-1988. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Borough of Merchantville Anti-Litter Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- Any contrivance now known or hereafter invented, used or designed 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 or collection receptacle or system as required and authorized in Chapter 34 of the Code of the Borough of Merchantville, entitled "Garbage, Rubbish and Refuse."
- The Borough of Merchantville, County of Camden, State of New Jersey.
- 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 which:
- A. Advertises for sale any merchandise, product, commodity or service;
- B. 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; or
- C. 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 incidental to any meeting, theatrical performance, exhibition or event of any kind.
- 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. The word "handbill" as utilized throughout this chapter shall be deemed to include any commercial handbill.
- Garbage, trash and refuse as defined in Chapter 34 of the Code of the Borough of Merchantville and including, in addition, building and construction debris and any other matter or material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
- 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 officers provided by general law.
- Any park, playground, recreation center or any other public place in the borough owned or used by the borough and devoted to active or passive recreation.
- Any natural person, firm, partnership, association, corporation, company, public utility or organization of any kind.
- 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 structure.
- PRIVATE STRUCTURE
- Any privately owned or occupied lands or premises, including property owned or occupied by any public utility.
- PUBLIC PLACE
- Any and all streets, sidewalks, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
No person shall leave, throw, store or deposit litter in or upon any street, sidewalk or other public place within the borough except in public receptacles or in authorized private receptacles for collection.
No person shall throw or deposit litter on any 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. 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.
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 any private property.
Litter receptacles are required at the following public places existing within the municipality:
Sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there should 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.
All street vendor locations.
Self-service refreshment areas.
Gasoline service station islands.
Camp grounds and trailer parks.
Boat moorage and fueling stations, marinas and boat launching areas.
Public and private piers operated for public use.
Beaches and bathing areas.
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.
No person owning or occupying a place of business shall sweep into or deposit into 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 the sidewalk in front of their business premises free of litter.
No person shall throw, deposit, discard or dump any household or commercial solid waste in any place not specifically designated for the purpose of solid waste storage or disposal.
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, contents or litter from being blown or deposited upon any street, alley or other public place. No person shall drive or move any vehicle or truck within the borough the wheels or tires of which carry onto or which deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.
No person shall store tires in areas zoned residential, except in a fully enclosed structure.
No person shall park any type of vehicle on residential lawns. No person shall keep inoperable unregistered vehicles on streets, vacant lots and residential lawns.
The operator of a construction site is prohibited from accumulating debris on or around the construction site or storing it in such a manner that it is likely to be removed by natural forces onto adjacent property.
The borough prohibits overflowing or open commercial, industrial or residential waste disposal bins.
No person shall throw or deposit litter in any park within the borough 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. Where public receptacles are not provided, all sorts of litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere, as provided herein.
Every owner, lessee, tenant, occupant and person in charge of any building or structure must keep and cause to be kept the sidewalk and curb abutting said building or structure free from obstruction and nuisances of every kind and must keep said sidewalks, areaways, backyards, courts and alleys free from litter and other offensive materials.
No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation from any public or private sidewalk or driveway, except the occupant may rake fallen leaves into the gutter for purposes of collection. Every person who owns or occupies property must keep the sidewalk in front of his or her premises free of litter. And all sweepings shall be collected and properly containerized for disposal.
No person shall throw or deposit any handbill in or upon any sidewalk, street or other public place within the borough. This provision shall not be construed as prohibiting the distribution of handbills to persons willing to accept them.
No person shall throw or deposit any handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute any handbill upon any private premises if requested by anyone thereon not to do so or if there is placed on said premises pursuant to this chapter 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 the premises.
For the purposes of this chapter, a sign shall be no greater than the dimensions of one foot wide by one foot high, and there must only be one sign per each 100 feet of frontage.
[Amended 5-13-2013 by Ord. No. 13-08]
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private grounds, except on the porch or steps of the private or commercial premises. Any commercial or noncommercial handbill not thrown or deposited on the porch or steps of the private or commercial premises shall constitute a violation of this chapter.
No person shall throw or deposit more than one commercial or noncommercial handbill in or upon any private grounds, except on the porch or steps of the private or commercial premises, within a twenty-four-hour period. Each commercial or noncommercial handbill thrown or deposited in or upon any private grounds, except on the porch or steps of the private or commercial premises, in excess of one handbill within a twenty-four-hour period, shall constitute a violation of this chapter, with each commercial or noncommercial handbill thrown or deposited in excess of one handbill within a twenty-four-hour period constituting a separate and distinct offense.
The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers, 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. In addition, persons, firms and corporations engaged in the distribution of commercial handbills shall obtain a license as hereinafter provided and make all distributions between the hours of 9:00 a.m. and 5:00 p.m., prevailing time.
No person in any aircraft shall throw out, drop or deposit within the borough any litter, handbill 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 lamppost, public utility pole, shade tree or upon any public structure or building, except as may be authorized or required by law.
Any person, firm or corporation desiring to engage, as principal, in the distribution of commercial handbills at inhabited private premises shall make application to and receive from the Borough Clerk a commercial handbill distribution license. Such applicant shall make written application to the Borough Clerk upon a form or forms provided for such purpose by the Borough Clerk. Such form shall contain, among other things that may be required, the name, business address and a brief description of the nature of the business to be conducted by the applicant and the total number of agents and employees to be so engaged, together with a request for a license for the period for which the applicant seeks to engage in such business. If the applicant is a corporation, the application shall include the name and home address of any shareholder owning more than 25% of the issued shares of such corporation.
Without excluding other just grounds for revocation, the Borough Council may revoke any license obtained under an application containing a false or fraudulent statement knowingly made by the applicant with intent to obtain a license by means of false or fraudulent representations, or for violation of this chapter on repeated occasions, or any other grounds specified by law. Such application shall be accompanied by a fee hereinafter provided for in this chapter. No license issued under this chapter shall be transferable; and, if any license shall be surrendered by the licensee therein named or shall be revoked for cause, neither the licensee named in such license nor any other person shall be entitled to any refund of any part of such fee.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holdings shall not affect the validity of the remaining portion hereof.
This chapter shall take effect immediately upon its passage and publication according to law.