[HISTORY: 1988 Code §§ 112-1—112-12
adopted as amended through December 31, 2013 and further amended by Ord. No. 27-2015; Ord. No. 26-2023. Amendments noted where
applicable.]
[Amended 7-19-2023 by Ord. No. 26-2023]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person authorized to act in behalf of the owner of any
real property, whether residential, commercial, industrial or a combination
thereof, and shall include but shall not be limited to managing agents
and a mortgagee, whether or not in possession.
Any used or unconsumed substance or waste material 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 garden waste, newspaper,
magazines, glass, metal, plastic or paper containers or other packaging
or construction material which might affect the health and welfare
of the community or render the streets and public places unsightly.
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies, as well as individuals.
All newspapers, shoppers, circulars, leaflets, flyers, handbills,
commercial and noncommercial, and all similar materials.
The printed matter referred to herein which has not been
ordered, subscribed to, or requested by the recipient.
[Ord. No. 53-2014]
It shall be unlawful for any person to throw, put or place or
cause to be thrown, put or placed into, upon or within any street,
public place, parking lot open to the public or public building any
substance, matter or thing whatsoever whereby the safe, free or unobstructed
use of the same by the public may be in any way impeded or interfered
with or whereby the same may be rendered unsightly in appearance.
Persons placing litter in a public receptacle shall do so in such
a manner and in such containers as will prevent it from being carried
or deposited by the elements upon any street, sidewalk or other public
place or upon private property. Nothing in this section shall prohibit
the deposit of any such material in any public or private receptacle.
Nothing in this section shall be construed to prohibit construction,
repair or maintenance equipment, materials or machinery from being
utilized on a street, public place, parking lot or public building.
[Ord. No. 53-2014]
No person shall sweep or cause to be swept into or deposit in
any gutter, street, catch basin or other public place any accumulation
of litter from any public or private property. Every person who owns
or occupies property shall keep the sidewalk, entrance walk, parking
lots and parking areas in front of his or her premises free of litter.
All sweepings shall be collected and properly containerized for disposal.
[Amended 7-19-2023 by Ord. No. 26-2023]
A.
No person, agent, firm or corporation shall put, deposit, store, place or cause to be put, deposited, stored or placed any litter or other material or equipment or any bulk household item, including but not limited to appliances, furniture, mattresses or tires, except in fully enclosed structures or during designated days for collection of bulk items, upon any private property whereby such property may be rendered unsightly in appearance or detrimental to the health, safety and welfare of the public, unless said placement is in accordance with the provisions of Chapter 83 of this Code.
B.
It shall be unlawful for any person, agent, firm or corporation to
cause the delivery or deposit of any unsolicited shoppers, circulars,
leaflets, flyers and other like printed matter to or upon any private
premises within the Township of Wayne except in accordance with the
terms hereof.
C.
Such printed matter shall be placed only within a permanently installed
appurtenance to the premises designed and designated for the receipt
of such printed matter or, if there is none, on the ground or floor
at a point beneath the place where such premises receives its mail
or within a 3-foot radius of that point.
D.
Excepted from the provisions of Subsection C hereof shall be such printed matter which plainly bears upon it either in the masthead or on the front page the name and address of the firm or corporation responsible for its circulation, to whom may be addressed a written notice by any recipient indicating the recipient's desire to cease future delivery of the particular item of printed matter.
E.
There shall be no intentional delivery whatsoever of any such unsolicited
printed matter to premises after the owner or tenant of said premises
has notified the publisher or the delivery person to cease further
delivery of the same, by certified mail, return receipt requested,
at the address so indicated, that such delivery shall cease or be
suspended for a stated period of time.
F.
Any person, agent, firm or corporation convicted of a violation of
any provision of this section shall be subject to a fine of not more
than $100. Each delivery in violation of the terms hereof shall be
deemed a separate offense.
[Ord. No. 53-2014]
Litter receptacles and their servicing are required at the following
public places existing in the municipality, including but not limited
to sidewalks used by pedestrians in active retail commercially zoned
areas; buildings held out for use by the public, including schools,
government buildings, 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. The
proprietors or sponsors shall also be responsible to cause all receptacles
to be maintained and emptied in order to avoid overflow and/or spillage.
No person shall place or cause to be placed any receptacles
for refuse or garbage outside of any commercial building except in
an enclosure provided and designated for such storage.
It shall be the duty of the owner, lessee, tenant, occupant
or agent of the owner, tenant or occupant 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, backyards, courts and alleys free from litter
and other offensive material.
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins upon property
owned by such person.
A.
It shall be unlawful to operate any trucks or motor vehicles carrying
or conveying stones, dirt, sand, gravel, earth, fill, glass, grass
clippings, solid waste or other similar materials on any road within
the Township without said materials being covered or retained in place
by tarpaulins or other suitable equipment or device to prevent said
materials from falling off, sifting, leaking or otherwise escaping
from the vehicle. Should the foregoing material be released from the
truck or motor vehicle, notwithstanding the fact that the truck has
been properly covered, the operator and/or owner of the motor vehicle
shall be in violation of this subsection.
B.
No person shall drive or move any vehicle or truck in the Township
if the wheels or tires of the vehicle carry onto or deposit in any
street, alley or other public place mud, dirt, sticky substances,
litter or foreign matter of any kind.
C.
Any person operating a vehicle from which any glass, debris or objects
have fallen or escaped, which could cause an obstruction, damage a
vehicle or otherwise endanger travelers or public property, shall
immediately cause the public or private property to be cleaned of
all glass or objects and shall be liable for and pay the costs therefor.
D.
The Director of Public Works or his/her designee shall enforce the
provisions of this section.
[Ord. No. 53-2014]
It shall be unlawful for any person, while a driver or a passenger
in a vehicle, to throw or deposit litter upon any street or other
public place or upon private property within the Township.
[Ord. No. 53-2014]
It shall be unlawful for any person to throw, place or deposit
any commercial or noncommercial handbill in or upon any vehicle; provided
however, that it shall not be unlawful in any pubic 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 it.
It shall be unlawful for any person to throw or deposit litter
on any open or vacant public or private property within the Township,
whether owned by such person or not.
A.
Any person providing to his/her customers or patrons shopping carts
which, being mounted on wheels, are able to be moved off of the premises
of such person, shall cause to be placed and maintained upon such
shopping carts in a conspicuous manner the name of the owner thereof
and shall likewise place and maintain thereon in such conspicuous
manner a further notice reading as follows: "The removal of this cart
from these premises is prohibited by law."
B.
No person shall move, push or carry any shopping cart belonging to
and bearing the name of another person or owner upon any street, sidewalk
or other public place or private property other than the premises
of the owner of the shopping cart.
C.
The person operating a place of business which supplies his/her shopping
carts from the use of his/her customers or patrons shall keep the
sidewalk, parking lots and parking areas in front of or upon his/her
business premises clear of such shopping carts by removing therefrom
any shopping carts left thereon by his/her customers or patrons; provided,
however, that he/she may, while his/her place of business is open,
maintain in a suitable area not interfering with the ingress and egress
of customers or patrons on foot or in automobiles a place for orderly
collection of shopping carts. No person using a shopping cart shall
leave the same in any place outside of the premises of the owner than
in the designated outside collection area.
[Ord. No. 53-2014]
[Ord. No. 53-2014; Ord. No. 27-2015]
A.
It shall be unlawful for any person to discard or dump along any
street or road, on or off any right-of-way, or in any body of water
any solid waste, including but not limited to municipal wastes (household,
commercial or industrial), bulky waste (appliances, furniture, vehicles
or vehicle parts, rubber tires), construction and demolition waste,
or vegetative waste (plant stalks, hulls, leaves, tree wastes processed
through a wood chipper, tree parts, shrubbery and/or garden wastes).
B.
It shall be unlawful for any person to discard or dump on any property,
public or private, any solid waste, including but not limited to municipal
wastes (household, commercial or industrial), bulky waste (appliances,
furniture, vehicles or vehicle parts, rubber tires), construction
and demolition wastes or vegetative waste (plant stalks, hulls, leaves,
tree wastes processed through a wood chipper, tree parts, shrubbery
and/or garden wastes) without the express written consent of the property
owner, and then only in a litter receptacle or waste container designed
for the express purpose of solid waste storage disposal.
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 after 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.
A.
In the event that the owner, occupant, tenant, agent of the owner,
tenant or occupant or possessor of private property or lands shall
refuse or neglect to abate or remedy the condition which constitutes
a violation of this chapter, the municipality may cause the condition
to be abated and remedied. Upon the removal of any materials prohibited
to be stored or abandoned on lands by this chapter by or under the
direction of the Health Officer or designee, in cases where the owner,
occupant, tenant or agent shall refuse or neglect to remove the same
within five days of receiving a notice of violation, such officer
shall cause the cost to be charged against said properties and owners
for services rendered by municipal crews pursuant to N.J.S.A. 40:48-2.12f.
Costs incurred shall be levied against said properties and shall constitute
a lien upon said properties. The same 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 a lien for delinquent real estate taxes.
In addition to the costs associated with abatement of debris/litter,
a charge of 15% of the total cost shall be imposed as an administrative
charge.
[Ord. No. 53-2014]
B.
The amounts to be billed shall be equivalent to the cost of the services
rendered by either the Township's employees or the person contracted
by the Township to perform the services, or both.
C.
Any person, firm or corporation who is convicted of improperly distributing unsolicited printed matter or printed materials shall be subject to a fine of not more than $500. Each improper distribution according to the terms of this chapter shall be deemed a separate offense. Any person who shall violate any other provision of this chapter or any order promulgated hereunder shall, upon conviction, be liable to the penalties stated in Chapter 1, Section 1-15 for Unlawful Solid Waste Disposal of a fine not less than $2,500 and not exceeding $10,000. Each day that a violation continues to exist shall constitute a separate violation. The fines imposed herein are in addition to the Township’s cost of removal of solid waste or litter.
[Ord. No. 53-2014; Ord. No. 27-2015; amended 7-19-2023 by Ord. No. 26-2023]
D.
All penalties collected from the chapter are to be set aside in the
Miscellaneous Revenue Not Anticipated Fund which shall be used by
the Township for collection of litter, anti-litter education or enforcement.
All fines collected pursuant to this chapter shall be credited to
the Township's Clean Communities account for use as set forth in the
allowable cost section of the Clean Communities grant guidelines Fact
Sheet; published annually by the N.J. Department of Environmental
Protection and the N.J. Clean Communities Council.
[Ord. No. 53-2014]
