[HISTORY: Adopted by the Township Committee of the Township
of Barnegat 6-5-78 as Ord. No. 1978-12, amended by Ord. No. 1988-39.
Amended in its entirety 5-21-90 by Ord. No. 1990-18. Amendments noted where applicable.]
This chapter shall be known as the "Anti-Litter Ordinance" and
may be so cited.
It shall be unlawful for any person to deposit, abandon, throw,
drop, discard, or otherwise place litter of any nature upon any public
or private property, or in or upon any waterway, lagoon, creek, pool
or bay, other than in a proper litter receptacle.
LITTER
Litter is defined as any used or unconsumed substance normally
thought of or referred to as garbage, refuse, rubbish, waste debris,
trash, junk, or similar term, whether made of metal, cloth, glass,
plastic, rubber, wood, paper or other natural or synthetic material
or any combination thereof, whether on, above or below the surface
of any land or water. Litter includes; but is not limited to the following
items:
A.
Any bottle, jar or can, or any cap, or detachable tab of any
bottle, jar or can;
B.
Any cigarette, cigar, tobacco, match or flaming or glowing material:
C.
Food waste or any other garbage matter;
D.
Newspapers, advertisements, magazines, paper, cardboard, plastic
or paper containers or other packaging or wrapping material;
E.
Glass, plastic, metal, wood, fiberglass, wire, foam, marble;
F.
Construction debris of any nature;
G.
Scrap building materials of any nature;
H.
Grass clippings, leaves, trees, tree limbs, stumps, excavated
earth, bedding, bushes, brush, sod, shrubs, trimmings, dead flowers,
or other lawn, garden, clearing or landscaping waste;
I.
Junk condition vehicles, tires, batteries or other vehicle parts,
dismantled, wrecked, decaying or rusting out vehicles, including abandoned
vehicles;
J.
Junk condition boats, dismantled boats left to lay, damaged
boats left unrepaired, decaying boats, boat parts, including sunken,
partially submerged or abandoned boats or boat parts;
K.
Cement, cement blocks, chips, stone, bricks, rocks, mortar,
tiles, ceramic, crockery and similar materials;
L.
Burned or charred wood or any other burned or charred material;
M.
Decaying firewood, ashes, furniture, appliances, household equipment,
fixtures, clothing, other materials, fabrics or household materials;
N.
Market and industrial wastes;
O.
Dead animals, including birds and fish, urine and excrement;
P.
Stagnant pool water, gasoline, oil, kerosene and other waste
liquids.
PERSON
The term person is intended to include any person, firm,
company, partnership, agency, corporation, group or other entity.
BLIGHTING SITUATION
The term blighting situation is defined as any condition
which impairs, destroys, or negatively impacts the image or character
of a neighborhood.
VEHICLES
Vehicle is defined as any device in, upon or by which any
person or property is or may be transported or driven upon a highway
or any land, including devices used exclusively upon stationary rails
or tracks.
It shall be unlawful for any person to deposit or dump litter
in any place specifically designated for the purpose of solid waste
storage or disposal, except by written consent of the owner of such
place.
Litter receptacles and their servicing are required at the following
public places which exist in the municipality, including 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 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, such as 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. Litter receptacle means a
container suitable for the depositing of litter, with a secure cover
to prevent scattering of litter by the elements.
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 parking lot, sidewalk or driveway. Every person
who owns or occupies property shall keep the sidewalk and or street
aprons in front of his or her premises free of litter. All litter
sweepings shall be collected and properly containerized for disposal.
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal containers or bins
on his or her property, waste shall be deposited and controlled so
as not to be scattered by the winds and the area surrounding waste
disposal containers of any kind shall be maintained free of waste
at all times.
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked, on any public roadway unless such a vehicle is constructed,
covered or loaded to prevent any of its load from dropping, shifting,
leading or otherwise escaping therefrom. Any person operating a vehicle
from which any materials which constitute litter have fallen or escaped,
shall immediately cause the public property to be cleaned of all such
materials and shall pay the costs thereof.
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 immediately following 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 non-flyable 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, any activity requiring building permits or other
approvals shall be deemed a construction site.
It shall be the duty of the owner, leasee, 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,
yards, courts, driveways and parking lots, and alleys free from litter.
It shall be the responsibility of the owner, leasee, tenant, occupant
or person in charge of any commercial establishment or private premises
to remove litter originating from such establishment or premises which
has been placed, dropped, wind blown or otherwise deposited upon adjoining
properties, or wind blown across a right of way.
It shall be unlawful for any person to place, to cause to be
placed, or to hire another person to place any advertisement, handbill
or unsolicited material of any kind in or on any street, sidewalk,
building or vehicle within the community in such a manner that it
may be removed by natural forces.
No person shall post or affix any notice, poster, sign or other
paper or device, calculated to attract the attention of the public,
to any public lamp post, public utility pole, shade tree, sign structure
or upon any public structure or building or upon any official traffic
control devices except as may be authorized or required by law.
In the event that the owner or possessor of private property
or lands shall refuse or neglect to abate or remedy the condition
which constitutes a violation of this ordinance, the municipality
may cause the condition to be abated and remedied. Upon the removal
of any materials prohibited to be stored or left the Code Enforcement
Official as appointed or his duly designated agent, in cases where
the owner or tenant shall have refused or neglected to remove the
materials within ten (10) days of receiving a notice of violation,
such officer shall certify the cost thereof to the municipality, which
shall examine the certificate, and if found correct shall and will
be added to and become part of the taxes next to be assessed and levied
upon said lands. The charges shall bear interest at the same rate
as taxes and shall be collected and enforced by the same officers
and in the same manner as taxes. Notice shall be issued by certified
mail, return receipt requested, to the address currently listed on
official township tax records, shall be deemed as satisfying receipt
of notice, whether accepted (signed for) or returned unopened by the
post office.
Outdoor storage of any new or reusable item in good condition
shall only be permitted when approved by the municipality. Such storage,
when approved, shall only be permitted in areas designated and shall
be shielded from public view, protected by adequate fencing and/or
approved screening. This regulation is intended to apply to any outdoor
storage situation in any zone, except temporary situations of up to
seventy-two (72) hours, which are not hazardous.
Screening/Fencing is intended to prevent an unsightly display
to the public or the scattering of any stored item(s) by persons,
animals, or natural forces, and to prevent a nuisance attraction which
may be a hazard to children. The following minimum requirements shall
apply and be subject to approval of the municipality:
A. The storage area shall be surrounded on at least three (3) sides
by a solid uniform fence, wall, or other screening, not less than
five (5) feet high and may go up to eight (8) feet high with prior
approval of the municipality. The wall of an adjacent building may
serve as one (1) side. Said fence shall be exempt from the provisions
of any ordinance of this municipality regulating the height of fences.
B. The opening in said fence, wall or screening shall be so located
as to prevent the visual display of the storage area contents to public
view.
C. Where doors/gates are used, they shall be kept closed to prevent
any unsightly display or the scattering of any stored items.
D. It is not intended that a front yard, or corner lot side yard, be
approved for outdoor storage, except that no more than one (1) boat,
and/or boat trailer, and a camper/travel trailer, may be stored in
such areas, provided that it is safely stored on the owner's
lot and is no closer than two (2) feet to a sidewalk or five (5) feet
to any other right of way, does not impair traffic vision, is not
stored without use for more than twelve (12) consecutive months, is
not used to collect/store junk or non-marine items, and whose condition
does not constitute litter, by definition under this code. Where such
storage has been deemed to be a nuisance attraction and potential
hazard to children by the code enforcement official, it shall be required
to be covered or be properly secured by other means.
E. Unscreened outdoor storage of firewood is permitted subject to approval
and conditions as established by the municipality.
F. This section is not intended to apply to outdoor lawn or patio type
furniture, swing sets or similar "outdoor" items maintained in good
condition.
It shall be unlawful for any person to create, or permit to
exist, a blighting situation on any property within the township.
It shall be the responsibility of the owner(s) of vacant land,
including properties with vacant building(s) to maintain such lands
or premises free of any accumulation of litter.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine of not more than five
hundred ($500.) dollars or by imprisonment for a term not to exceed
ninety (90) days, or both. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.