[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.
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.
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:
Advertises for sale any merchandise, product, commodity or service;
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
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.
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.
Any privately owned or occupied lands or premises, including
property owned or occupied by any public utility.
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.
A.
Litter receptacles are required at the following public places existing
within the municipality:
(1)
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.
(2)
Buildings held out for use by the public, including schools, government
buildings and railroad and bus stations.
(3)
Drive-in restaurants.
(4)
All street vendor locations.
(5)
Self-service refreshment areas.
(6)
Construction sites.
(7)
Gasoline service station islands.
(8)
Shopping centers.
(9)
Parking lots.
(10)
Camp grounds and trailer parks.
(11)
Boat moorage and fueling stations, marinas and boat launching areas.
(12)
Public and private piers operated for public use.
(13)
Beaches and bathing areas.
(14)
Special events to which the public is invited, including sporting
events, parades, carnivals, circuses and festivals.
B.
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.
[Amended 5-27-1997]
A.
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.
B.
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]
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
[1]
Editor's Note: Former § 42-26, Violations and
penalties, was repealed 5-27-1997.
A.
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.
