As used in this section:
a. LITTER - Shall mean garbage, refuse and rubbish as defined herein,
and all other waste material which, if thrown or deposited as herein
prohibited, tends to create a danger to public health, safety and
welfare.
b. GARBAGE - Shall mean putrescible animal and vegetable waste resulting
from the handling, preparation, cooking, and consumption of food.
c. REFUSE - Shall mean all putrescible and nonputrescible solid waste
(except body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles, and solid market and industrial
waste.
d. RUBBISH - Shall mean nonputrescible solid waste consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery and similar materials.
e. 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 on stationary rails or tracks.
f. PUBLIC PLACE - Shall mean all streets, sidewalks, boulevards, alleys,
beaches or other public ways, and all public parks, squares, spaces,
docks, grounds and buildings.
No person shall sweep, throw, deposit or dump litter in or on
any property whether occupied, open or vacant and whether owned by
that person, or in a public place or pond, lake or stream or other
body of water within the borough, except in public receptacles or
in authorized private receptacles for collection.
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in a manner which prevents the litter
from being carried or deposited by the elements upon a public place
or upon private property.
No person, including merchants owning or occupying a place of
business, shall sweep into or deposit in a gutter, road, right-of-way
or other public place within the borough the accumulation of litter
from a building or lot or from a public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
No person while a driver or passenger in a vehicle shall throw
or deposit litter in or upon any public or private property.
No person shall bring, cart, remove, transport or collect any
litter from outside the borough and bring it into the borough for
the purpose of dumping or disposing thereof. No truck or other vehicle
containing litter which has been transported into the borough shall
be parked or allowed to remain standing on any street in the borough
or on any public property for a period in excess of two hours.
Advertisements, handbills, circulars and papers may be distributed
in the borough only if they are so securely placed at each dwelling
that they will not be blown away by the wind; otherwise no person
shall place any advertisement, handbill, circular or paper on or in
any public street, sidewalk, building, or vehicle within the borough.
No person owning or occupying a place of business shall sweep
into or deposit in 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 driveway or sidewalk. Persons owning or
occupying places of business within the borough shall keep the sidewalk
in front of their business premises free of litter.
No persons 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 such litter
shall be carried away from the park by the persons responsible for
its presence and properly disposed of elsewhere.
No person shall throw or deposit litter in any fountain, pond,
lake or stream or any other body of water in a park or elsewhere within
the borough.
No person in an aircraft shall throw out, drop or deposit within
the borough any litter, handbill or any other object.
No person shall throw or deposit litter on any occupied 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. Provided, however,
that this section shall not prohibit die 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.
a. Notice to Remove. The health officer or any officer listed in subsection
10-1.1 are hereby authorized and empowered to notify the owner of any property within the borough to properly dispose of litter or debris located on such owner's property. Such notice shall be by personal service or by certified mail addressed to said owner at his or her last known address as determined by the tax office records.
b. Action upon Noncompliance. Upon the failure, neglect or refusal of
any owner or agent so notified, to properly dispose of litter dangerous
to public health, safety or welfare, within 10 days after receipt
of written notice provided for In paragraph a above, or within 15
days after the date of such notice In the event the same is returned
to the borough Post Office Department because of its inability to
make delivery thereof, provided the same was properly addressed to
the last known address of such owner or agent, the health officer
or other enforcing officer is hereby authorized and empowered to order
its disposal by the borough.
1. Repeated offenses. In the event an owner of property is issued two
notices of violations of this section within a twelve-month period,
the enforcing officer may issue a summons without an opportunity to
comply with a violation of this section.
c. Charges Included in Tax Bill. When the borough has effected the removal
of such dangerous litter or has paid for its removal, the actual cost
thereof, plus accrued interest at the rate of 6% per annum from the
date of the completion of the work, if not paid by such owner prior
thereto, shall be charged to the owner of such property on the next
regular tax bill forwarded to such owner by the borough, and said
charge shall be due and payable by said owner at the time of payment
of such bill.
d. Recorded Statement Constitutes Lien. Where the full amount due the
borough is not paid by such owner within 30 days after the disposal
of such Utter, as provided for in paragraphs a and b above, then and
in that case the health officer or other enforcing officer shall cause
to be filed in the Tax Collector's office of the borough a sworn statement
showing the cost and expense incurred for the work, the date the work
was done, the location of the property on which said work was done.
The filing of such sworn statement 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
further, shall be subject to a delinquent penalty of 8% in the event
same is not paid in full on or before the date the tax bill upon which
said charge appears becomes delinquent. Sworn statements recorded
in accordance with the provisions hereof 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.
Any person violating any of the provisions of this chapter shall
be deemed guilty of a violation of this chapter and upon conviction
thereof, shall be fined in an amount not less than $200 minimum or
exceeding $1,000 or be imprisoned in the county jail for a period
not exceeding six months or be so fined and imprisoned both in the
direction of the municipal court judge of the Borough of Pine Hill.
Each day that such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such
hereunder.
a. The owner, individual or entity in control of any privately owned
real estate in the Borough of Pine Hill shall maintain such real estate
and all improvements thereon in a clean and safe condition, free of
litter, trash, debris, junk or other waste materials in authorized
private receptacles or containers for collection by the municipality
or by authorized private refuse haulers. Provided, further, that this
section shall not apply to any public or private enterprise licensed
by any agency, department, division, subpart or entity of the State
of New Jersey and the United States of America for the collection,
storage, maintenance and/or disposal of litter, waste, junk, debris
or trash.
b. It shall be unlawful for any individual, corporation or other entity
to permit the accumulation, maintenance, storage or collection of
any litter, trash, junk, debris or waste materials on any privately
owned real estate or improvements in the Borough of Pine Hill, New
Jersey.
c. It shall be unlawful for any individual, corporation or other entity
to permit the accumulation, maintenance, storage or collection of
any objects, articles, or materials of any nature whatsoever which
are unsightly, odorous, annoying to the public or which impair or
adversely impact the aesthetic appearance of the area surrounding
such privately owned real estate.
d. It shall be unlawful for any individual, corporation or other entity
to permit the accumulation, maintenance, storage or collection of
any objects, articles or materials of any nature whatsoever which
may impair or adversely affect the health, safety or welfare of any
resident of the Borough of Pine Hill or of any member of the general
public.
It shall be unlawful for any individual, corporation or other
entity to place, throw or otherwise deposit any litter, trash, junk,
debris or other waste materials on any private property within the
Borough of Pine Hill, whether owned by such individual, corporation
or other entity or not.
a. The health officer, or any other agency, employee or official designated
by the governing body of the Borough of Pine Hill is hereby authorized
and empowered to notify the owner of any privately owned real estate
within the Borough of Pine Hill or the agent of such owner, to properly
dispose of any litter, trash, junk, debris or other waste materials
on such owner's property which may impair or adversely affect the
public health, safety or welfare. Such notice shall be by personal
service or by certified mail addressed to said owner at last known
address.
b. Action upon Noncompliance. Upon the failure, neglect or refusal of
any owner or agent so notified, to properly dispose of litter, trash,
junk, debris or waste materials which may impair or adversely affect
the public health, safety or welfare within 10 days after receipt
of written notice provided for in paragraph a above, or within 15
days after the date of such notice in the event the same is returned
to the Borough of Pine Hill Post Office Department because of its
inability to make delivery thereof, provided the same was properly
addressed to the last known address of such owner or agent, the health
officer or other enforcing officer is hereby authorized and empowered
to order its disposal by the Borough of Pine Hill.
1. Repeated offenses. In the event an owner of private property is issued
two notices of violation of this section within a twelve-month period,
the enforcing officer may issue a summons without an opportunity to
comply with a violation of this section.
c. Charges Included in Tax Bill. When the Borough of Pine Hill has effected
the removal of such litter, trash, junk, debris or waste materials
or has paid for its removal, the actual cost thereof, plus accrued
interest at the rate of 12% from the date of the completion of the
work, if not paid by such property owner on the next regular tax bill
forwarded to such owner by the Borough of Pine Hill, and said charge
shall be due and payable by said owner at the time of payment of such
bill.
d. Recorded Statement Constitutes Lien. Where the full amount due the
Borough of Pine Hill is not paid by such owner within 30 days after
the disposal of such litter, trash, junk, debris or waste materials,
as provided for in paragraphs a and b above, then and in that case
the health officer or other enforcing officer shall cause to be filed
in the Tax Collector's office of the Borough of Pine Hill a sworn
statement showing the cost and expense incurred for the work, the
date the work was done, the location of the property on which said
work was done. The filing of such sworn statement 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 further, shall be subject to a delinquent
penalty of 18% in the event same is not paid in full on or before
the date the tax bill upon which said charge appears becomes delinquent.
Sworn statements recorded in accordance with the provisions hereof
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.
Any individual, corporation partnership, firm or other entity,
of any nature whatsoever, violating any of the provisions of this
section shall be deemed guilty of a violation of this section and
upon conviction thereof, shall be fined in an amount not exceeding
$200 or be imprisoned in the county jail for a period not exceeding
60 days, or be both so fined and imprisoned. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder.
ALUMINUM
Shall mean all beverage and other containers made of aluminum,
commonly known as "aluminum cans."
ASPHALT SHINGLES
Shall mean and include all shingles composed of asphalt which
are generated at commercial and residential construction sites.
BIMETAL CANS
Shall mean and include all disposable soda, beer or other
beverage containers or food containers made from a combination of
aluminum and steel or tin-plated steel.
CONSTRUCTION, DEMOLITION AND LAND CLEARING DEBRIS
Shall mean and include asphalt, concrete and wood wastes,
specifically stumps, large tree parts, pallets and waste lumber from
construction and demolition, such as boards, two-by-fours, scrap shingles
and other wood structural materials.
CORRUGATED
Shall mean structural material shaped in parallel furrows
and ridges for rigidity, used to make packing and shipping containers.
DRY CELL BATTERIES
Shall mean and include all batteries intended for general
household and/or other use.
GLASS
Shall mean all containers made from silica or sand, soda
ash and limestone, the product being transparent or translucent and
being used for packaging or bottling of various matter, and all other
material commonly known as "glass", excluding, however, blue glass,
plate glass and glass commonly known as "window glass."
LEAVES
Shall mean those materials naturally formed from trees and
bushes that are suitable for composting and mulching purposes.
MAGAZINES
Shall mean and include all magazines or periodicals printed
on glossy stock or paper of heavier quality than that commonly recognized
as "newsprint."
METAL
Shall mean all products made of metal, exclusive of aluminum,
including washers, dryers, refrigerators, stoves, hot water heaters,
tire rims, springs, bicycles, bimetal cans (tin cans) or scrap metal.
NEWSPAPER
Shall mean paper of the type commonly referred to as "newsprint"
and distributed at stated intervals, usual daily or weekly, having
printed thereon news and opinions and containing advertisements and
other matters of public interest. Magazines and periodicals, as well
as all other paper products of any nature, are not considered "newspaper."
RECYCLABLE MATERIALS
Shall mean those items which must be separated from other
solid waste for recycling pursuant to this section.
RECYCLING COORDINATOR
Shall mean the individual designated by the Mayor and council
in accordance with this section.
REGULATIONS
Shall mean and include such rules, implementation dates,
schedules and other requirements promulgated by the recycling coordinator
and approved by the borough council as may be necessary to carry out
the purposes and objectives of this section.
SOLID WASTE
Shall mean and include all garbage and rubbish normally placed
at the curb or in containers for regular collection by the municipality
or private companies.
USED OIL
Shall mean a petroleum based or synthetic oil which is used
in an internal combustion engine as an engine lubricant, or as a product
used for lubricating transmissions, gears or axles, which through
use, storage or handling has become unsuitable for its original purpose
due to the presence of chemical or physical impurities or loss of
original properties.
WHITE GOODS
Shall mean and include all large appliances which may be
made from metal, steel, cast iron or other material and which may
contain CFC's or HFC's, such as refrigerators, freezers, air conditioners,
humidifiers, stoves, washers and dryers, dishwashers, water heaters
and plumbing fixtures. This list is intended to be typical and is
not exclusive.
a. On and after effective date of Ordinance No. 85-406 (May 20, 1985),
it shall be mandatory for all persons who are owners, lessees and
occupants of residential property to separate from the municipal solid
waste, used newspaper.
b. On and after effective date of Ordinance No. 86-426 (June 16. 1986),
it shall be mandatory for all persons who are owners, lessees and
occupants of residential property to separate from the municipal solid
waste, glass, aluminum, light metal, and batteries.
c. On and after adoption of this section and in accordance with existing
state regulations (N.J.A.C. 14A:3-11), all service stations, automobile
repair shops and junkyards with used-oil holding tanks shall accept
up to five gallons at a time of used motor oil from individuals changing
oil from cars, lawn mowers or motorcycles and shall post a sign informing
the public that they are a "used-oil collection site."
d. On and after adoption of this section it shall be mandatory for all
owners, lessees and occupants of residential property to separate
grass clippings from other solid waste and dispose of the same by
grass cycling, home composting or any other manner approved by regulations
of the recycling coordinator.
e. On and after adoption of this section it shall be mandatory for all
owners, lessees and occupants of residential and nonresidential property
to separate wet and dry cell batteries from other solid waste for
recycling or disposal through available hazardous waste collection
programs.
f. On and after adoption of this section it shall be mandatory for all
owners, lessees and occupants of residential and nonresidential property
to separate white goods from other solid waste. These items shall
be disposed of in a manner approved by the recycling coordinator.
g. On and after adoption of this section it shall be mandatory for all
owners, lessees and occupants of residential and nonresidential property
to separate asphalt shingles from other solid waste for recycling.
These items should be directed to an appropriate asphalt recycling
facility approved by the county.
h. On and after adoption of this section it shall be mandatory for all
owners, lessees and occupants of residential and nonresidential property
to separate concrete, asphalt, tree stumps and large tree parts (over
three inches in diameter) from other solid waste and bring the same
to appropriate recycling facilities. Small quantities from residential
properties, however, i.e., less than one-third cubic yard or approximately
two 30 gallon trash cans, shall be exempt from this requirement.
i. On and after adoption of this section it shall be mandatory for all
applicants for construction and demolition permits to identify disposal
and recycling arrangements for all recyclable materials prior to the
issuance of a permit. In addition, following the demolition of a structure,
a construction permit covering the same site shall not be issued until
the applicant has exhibited a satisfactory bill of lading to the construction
official and recycling coordinator showing that the debris from the
previously demolished structure has been disposed of at an approved
facility.
j. On and after adoption of this section it shall be mandatory for all
persons who are owners, lessees and occupants of residential property
or owners, lessees and occupants of business and industrial property
and of private, public and governmental institutions and buildings
to separate construction, demolition and land debris from all other
solid wastes for collection and ultimate recycling of said materials
and bring the same to appropriate recycling facilities as approved
by regulations of the recycling coordinator.
The following materials are designated as recyclable under the
mandatory program established by this chapter:
a. Establishment. The position of recycling coordinator is hereby created
and established within the Borough of Pine Hill.
b. The recycling coordinator is the director of environmental affairs
or any other official appointed by the Mayor and confirmed by the
council.
c. Responsibilities and Authority.
1. The recycling coordinator shall have all of the responsibilities
given to the director of environmental affairs. If the recycling coordinator
is other than the director of environmental affairs any rules or regulations
shall be approved by the governing body and may be changed, modified,
repealed or amended in whole or in part by majority vote of the council.
2. The recycling coordinator shall also have the following authority:
(a)
To designate municipal recycling sites as needed.
(b)
To promulgate rules and regulations concerning the separation,
placement, storage, handling and management of recyclable materials.
(c)
To establish a schedule for pickup of recyclable materials.
(d)
To establish and manage a program to inform and educate the
public.
(e)
To perform any other task or duty which is necessary in order
to effectuate the provisions of this section.
a. All separated recyclables and solid waste shall be placed at curbside
for pickup, collection and recycling in strict conformity with the
following:
1. Newspapers and magazines shall be separated and secured in individual
bundles, not exceeding 12 inches in height, using twine or paper bags.
Bundles shall not be contained in plastic bags.
2. Aluminum, glass, light metal shall be placed in a labeled recycling
container used for only that purpose.
3. Dry and wet cell batteries shall be disposed of at drop off points
described by the county, recycling coordinator or through available
hazardous waste collection programs.
4. Used-oil shall be disposed of according to subsection
13-5.2c or through the regulations described by the county or recycling coordinator.
5. Leaves shall be disposed of according to the regulations described
by the recycling coordinator. All owners, lessees and occupants of
residential and nonresidential property located or residing on county
highways shall not rake leaves onto said highways. These owners, lessees
and occupants of residential and nonresidential property must have
leaves contained in an area or space as not to create or cause a hazardous
condition. This area or space must be accessible to allow equipment
of public works department access to pick up leaves in a safe, orderly
and efficient manner to maintain the health and welfare of all the
public.
(a)
County roads are as listed:
(6)
Blackwood-Clementon-Berlin Road.
(7)
New Freedom Road.
If an area or space is not available, leaves must be bagged.
The public works department must be called for pick up in order to
prevent a safety hazard. Bags still in good condition shall be left
for reuse.
Bags are at the expense of the owners, lessees and occupants
of residential and nonresidential property.
6. Grass clippings shall be disposed of according to subsection
13-5.2d.
7. White goods shall be disposed of according to the regulations described
by the recycling coordinator.
8. Asphalt shingles shall be disposed of according to subsection
13-5.2g.
9. Concrete, asphalt, tree stumps and large tree parts (over three inches in diameter) shall be disposed of according to subsection
13-5.2h or to the regulations described by the recycling coordinator.
10. Construction and demolition debris shall be disposed of according to subsection
13-5.2i and
j.
a. No material for recycling or solid waste shall be placed at the curb
or street side earlier than 6:00 p.m. the evening of the day preceding
a scheduled collection day. Material must be placed at the curb or
street side by 7:00 a.m. of a given collection day. Collection shall
occur rain or shine.
b. No material, cans, or bundles for recycling or solid waste shall
weigh more than 50 pounds.
c. All parts of tree branches, wood, woody plants, brush or other like
vegetative materials shall be cut in four-foot lengths and tied in
bundles. Tied bundles shall not exceed 50 pounds.
d. Trash can covers may be removed only at the time of collection and
shall be immediately replaced by the collector after collections.
e. All material for recycling or solid waste shall be stored and held
in receptacles as defined herein. Any trash, rubbish and/or garden
refuse of such a nature or size that it cannot be placed in a receptacle
shall be properly and securely tied into bundles or packages to prevent
spilling or scattering. Such bundles or packages shall be of a size
to permit ease of handling by one man, and shall not in any case weigh
more than 50 pounds.
f. Receptacles that are badly broken or otherwise fail to meet the requirements
of this section or the rules and regulations of the recycling coordinator
may be treated as rubbish and collected and disposed of as such by
the agency responsible for the collection thereof.
g. Receptacles shall be conveniently located on the premises for the
storage of the substances and/or materials referred to in this section,
and shall be maintained in such manner as to prevent the creation
of a nuisance or menace to health.
h. The resident, occupant, owner shall keep all receptacles clean and
in a proper condition for safe handling.
i. Immediately after receptacles are properly emptied, they shall be
returned to the point from which they were taken by the resident,
occupant or owner.
j. All solid waste or recyclables shall be thoroughly and completely
drained of all liquids, wrapped securely or covered in containers.
k. All receptacles shall be of metal or plastic, sufficiently strong
for the purpose, and may be pails or cans with a capacity of not less
than 2 1/2 nor more than 20 gallons; they shall be watertight
and shall have close-fitting metal or plastic covers, and said receptacles
shall be kept covered except when opened for filling or emptying of
material.
l. All receptacles must be set by the occupant on the sidewalk in front
of the premises at the curb or street before the time fixed for the
collection of solid waste or recycling under this section.
m. The owner, agent, lessee, tenant and/or occupant of every dwelling
and other premises shall provide and keep on such premises sufficient
and suitable receptacles for receiving and holding the substances
and/or materials referred to herein.
From the time of placement at the curb for pickup, collection
and recycling, recyclables shall be the property of the Borough of
Pine Hill or its duly authorized agent. No person unauthorized by
the Borough of Pine Hill shall collect or pick up or cause to be collected
or picked up any such recyclables. Each collection or pickup of recyclables
in violation thereof from any one or more residences shall constitute
a separate and distinct offense punishable as hereinafter provided.
Anything herein to the contrary notwithstanding, any individual,
partnership or corporation who is owner, lessee or occupant of a residential
or nonresidential property may donate, pay for the removal of or sell
said recyclable material, as defined herein, to any individual, partnership
or corporation, whether or not operating for profit. Said individual,
partnership or corporation, however, shall not pick up said recyclable
materials at curbside.
a. All nonresidential establishments, businesses and institutions as
well as multifamily housing developments not served by municipal recycling
collection programs shall provide the recycling coordinator with the
name and address of each hauler who is picking up any type of recycling
material and the type of material being picked up by the hauler. Each
such hauler must be registered with the county. Weight receipts and/or
letters on official company stationery should clearly describe the
quantity and disposition of each material. Those hauling their own
recyclables shall file a quarterly report, which shall be signed by
an officer of the company, with the recycling coordinator within 10
days after a change is made.
b. All individuals or entities collecting recyclable material within
the Borough of Pine Hill must be registered with the county. Each
such individual or entity shall file a quarterly report with the recycling
coordinator, which shall be signed by an officer of the company, within
30 days of the end of each quarter, which shall include the quantities
and destination of each recyclable material which has been collected
from the Borough of Pine Hill residents, businesses and institutions.
The destination of the recyclable material(s) must be approved by
the county. Additionally, such individual or entity shall, within
30 days of the end of each year, file an annual report with the recycling
coordinator, which shall be signed by an officer of the company, indicating
the total quantities of each recyclable material which have been collected
over the year from Borough of Pine Hill residents, businesses and
institutions.
The recycling coordinator and superintendent of public works,
Code Enforcement Officer and/or the Borough of Pine Hill Police Department
or their duly authorized designees are hereby designated and authorized
as the enforcement officers of this chapter. The aforementioned officials
of the Borough of Pine Hill will have the power to issue warnings
and/or summonses for noncompliance with any provisions of this section.
Any person, firm or corporation violating any provision of this
section shall be fined not to exceed $500 for each offense, with the
first offense being no less than $50 and the second offense being
no less than $100 or be imprisoned for a term not exceeding 90 days,
or be both so fined and imprisoned. Each day that such violation is
committed or permitted to continue shall constitute a separate offense
and shall be punishable as such hereunder.
The purpose of this section is to establish a yard waste collection
and disposal program in Borough of Pine Hill, so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
[Amended 11-6-2023 by Ord. No. 2023-1036]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section 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.
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket,
bag or other vessel, such as to prevent the yard waste from spilling
or blowing out into the street and coming into contact with stormwater.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way, which is an existing state, county,
or municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
YARD WASTE
Shall mean leaves and grass clippings.
a.
Designated yard waste shall be placed entirely within a yard
waste container and shall not be placed in the street. If yard waste
is placed within the street and is not placed within the yard waste
container, the responsible party must remove the yard waste from the
street or said party shall be deemed in violation of this section.
b.
Yard waste must be placed within a container and not exceed
fifty (50) pounds and not exceed the height of the yard waste container.
c.
No bags shall be placed within the yard waste container.
d.
Yard waste which is designated for placement inside the yard
waste container but is placed along the curb and outside of the container
in a bag or any receptacle other than the yard waste container will
not be collected by the Borough.
Sweeping, raking, blowing or otherwise placing yard waste that
is not containerized at the curb or along the street is only allowed
during the seven days prior to a scheduled and announced collection,
and shall not be placed closer than 10 feet from any storm drain inlet.
Placement of such yard waste at the curb or along the street at any
other time or in any other manner is a violation of this ordinance.
If such placement of yard waste occurs, the party responsible for
placement of the yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this section.
The provisions of this section shall be enforced by Borough
of Pine Hill Code Enforcement.
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500.
(Pursuant to mandatory stormwater control regulations).
The purpose of this section is to establish requirements to
control littering in Borough of Pine Hill, so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section 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.
LITTER
Shall mean 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
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
a. It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
b. Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this section, the operator or owner,
or both, of the motor vehicle or board shall also be deemed to have
violated this section.
This section shall be enforced by the police department and/or
other municipal officials of Borough of Pine Hill.
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $100.