This chapter shall be known as an "Anti-Litter Ordinance" and may be so cited.
As used in this chapter, the following terms shall have the meanings indicated:
GARBAGE
Shall mean putrescible animal and vegetable waste resulting from either the handling, preparation, cooking or consumption of food.
LITTER
Shall mean garbage, refuse and rubbish as such are defined herein and all other waste materials.
PARK
Shall mean a park, reservation, playground, beach, recreation center or any other public areas in the Township, owned or used by any public agency and devoted to recreation purposes.
PRIVATE PREMISES
Shall mean any dwelling, house, building or other structure designed or used either wholly or in part for residential purposes, whether inhabited or temporarily or continuously inhabited or vacant, and shall include any yard, grounds, walks, driveway, porch, steps, vestibules or mailbox belonging to or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
Shall include all streets, sidewalks, boulevards, parking lots, alleys or other public walkways and all parks, squares, docks, grounds and buildings.
REFUSE
Shall mean all putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, dead trees, tree stumps, abandoned automobiles and boats and solid market and industrial wastes and specifically including abandoned furniture, household equipment, scrap building materials and other similar items.
RUBBISH
Shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cigars and tobacco wastes, cardboard, tin cans, yard, garden or lawn clippings, leaves, wood, glass, bedding, crockery and similar materials.
VEHICLE
Shall mean 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.
A. 
No person shall sweep, throw, deposit or dump litter in or upon any street, sidewalk or other public place except in public receptacles or in private receptacles for collection or in official Township disposal areas.
B. 
Litter receptacles and their servicing are required at the following public places which exist in the Township of Plumsted: 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. Litter receptacle shall mean a container suitable for the depositing of litter.
A. 
Litter shall be placed in private receptacles in such manner as to prevent it from being scattered, carried or deposited by the elements upon any street, sidewalk or other public place or private premises.
B. 
Litter, other than garbage, shall be placed in public receptacles or in private receptacles.
No person shall throw or deposit litter from a vehicle upon any street or other public place or upon any private premises or vacant land.
No person shall drive or move any truck or other commercial vehicle unless the vehicle is so constructed or loaded as to prevent any litter from being blown or deposited upon any street, alley or other public place or private premises. No person shall drive or move any vehicle or truck if the wheels or tires carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances or foreign matter of any kind from any other place other than the traveled portion of a public street or alley.
No person shall throw or deposit litter in any park except in public receptacles and in such a manner as to prevent such litter 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 litter shall be carried from the park by the person responsible for its presence and shall be properly disposed of elsewhere.
No person shall throw or deposit litter in any fountain, lake, pond, stream or any other body of water.
No person shall throw or deposit litter on any occupied private property, whether owned by him or not, except that the owner or person in control of private property shall maintain private receptacles for collection in such a manner that litter will not be carried or deposited by the elements upon any 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 be construed to prohibit the storage of litter in private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property whether owned by such person or not.
A. 
No owner, contractor, subcontractor or their agents or employees performing or allowing to be performed any work on any improved or unimproved real property in Plumsted Township, shall sweep, throw, deposit or dump any litter, rubbish or construction waste materials in or upon the construction site property.
B. 
In order to prevent any litter, rubbish or construction waste materials from littering the construction site or surrounding areas the owner of the real property upon which improvements or renovations are being made and the contractor or subcontractor performing such work shall:
(1) 
Provide private receptacles for the deposit of litter, rubbish and construction materials in such a manner as to prevent litter, rubbish and construction waste materials from being scattered, carried or deposited by the elements upon any private property, public property or waterways.
(2) 
Provide for the erection of a snow fence or other retaining fence between the construction site and any waterway adjacent to the construction site property in such a manner as to prevent any litter, rubbish and construction materials from being scattered, carried or deposited by the elements into or upon any lake, stream or other waterway.
A. 
Notice to remove. The Code Enforcement Officer or his duly-designated agent is authorized and empowered to notify the owner of any private premises or vacant land or the tenant or agent of such owner to dispose properly of litter which is located on such owner's property and which is dangerous to public health, safety or welfare. Notice shall be by registered or certified mail, return receipt requested, addressed to said property owner or his agent or tenant at his last known address or served personally upon said owner, tenant or agent.
B. 
Action upon noncompliance. Upon the failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of said litter within ten (10) days after receipt of written notice as specified in Subsection A of this section, the Code Enforcement Officer or his duly-designated agent is authorized and empowered to request the Township Committee to adopt a resolution authorizing the Township to pay for disposing of such litter or to order its disposal by the Township. The property owner shall be given ten (10) days' notice of this request to the governing body. The notice shall state the time, date and place when the governing body will consider the request of the Code Enforcement Officer. Upon the adoption of a resolution by the governing body, the Code Enforcement Officer can proceed to have the litter removed from the owner's property.
C. 
When the Township has affected the removal of litter or has paid for its removal, the actual cost thereof shall, unless paid by the owner prior thereto, be charged to the owner of the property on the next, regular tax bill forwarded to the owner by the Township. The charge shall be due and payable by the owner at the time set for payment of the tax bill.
D. 
Where the full amount due the Township is not paid by the owner within thirty (30) days after the disposal of such litter, as specified in Subsections A and B of this section, then and in that case, the Code Enforcement Officer shall certify the cost thereof to the Township Committee, which shall examine the certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty at the same rate as in the case of taxes which are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. The certification of the Code Enforcement Officer, in accordance with the provisions thereof, shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
A. 
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or by imprisonment for a term not to exceed ninety (90) days, or community service of not more than ninety (90) days or any combination of fine, imprisonment and community service as determined by the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.