[HISTORY: Adopted by the Mayor and Council of the Town of
Secaucus 10-8-13 by Ord. No. 2013-31]
Editor's Note: See also Chapter 148, Littering.
Former Chapter 86, Litter Control, previously codified
herein and containing portions of Ordinance No. 2007-17 was repealed
in its entirety by Ordinance No. 2013-31.
The purpose of this chapter is to establish requirements to
control unlawful dumping of solid waste in the Town of Secaucus so
as to protect public health, safety, welfare and the environment,
and to prescribe penalties for the failure to comply.
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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 area that is used or held out for use by the public,
whether owned or operated by public or private interests. This includes,
but is not limited to, any and all streets, sidewalks, boulevards,
alleys or other public ways and any and all public parks, squares,
spaces, grounds and buildings.
[Repealed 8-25-15 by Ord. No. 2015-38]
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleaning, dead
animals, abandoned automobiles, furniture, refrigerators, appliances,
building material and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes such as paper, wrappings, cigarettes, cardboard,
tin cans, wood, glass, bedding, crockery and similar materials.
All garbage, refuse, sludge or any other waste material that
is collected for disposal, as defined in N.J.A.C. 7:26-1.6, et seq.,
and amendments thereto.
[Amended 8-25-15 by Ord. No. 2015-38]
The Town of Secaucus in the County of Hudson.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway.
[Amended 8-25-15 by Ord. No. 2015-38]
A.Â
It shall be unlawful for any person to discard, throw, place or dump
any amount of solid waste, including but not limited to, rubbish,
refuse, garbage (household or commercial), junk, vehicle or vehicle
parts, rubber tires, appliances, furniture, construction debris, grass
clipping and other yard waste, on any property not specifically authorized
for the purpose of solid waste storage or disposal or in any containers
or receptacles not specified for the type or volume of waste being
discarded.
This chapter shall be enforced by the Construction Code Official,
Board of Health and Police Department of the Town of Secaucus.
[Amended 8-25-15 by Ord. No. 2015-38]
A.Â
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 $200 nor more than $10,000. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuance
of the violation may be punished as provided above for each separate
offense.
B.Â
Any person who is convicted of violating this chapter within one
year of the date of a previous violation of the same chapter and who
was fined for the previous violation, shall be sentenced by a court
having jurisdiction to an additional fine as a repeat offender. The
additional fine imposed upon a person for a repeated offense shall
not be less than the minimum or exceed the maximum fine fixed for
a violation of this chapter, but shall be calculated separately from
the fine imposed for the previous violation of this chapter.
This chapter shall take effect upon final adoption and publication as required by law. (Chapter 86, Unlawful Deposit on Solid Waste was adopted October 8, 2013.)
All former litter control ordinances under Chapter 86 of the Town of Secaucus are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this chapter.
If any provision or portion of a provision of this chapter is
held to be unconstitutional, preempted by federal or state law, or
otherwise invalid by any court of competent jurisdiction, the remaining
provisions of the chapter shall not be invalidated.
