[HISTORY: Adopted by the Township Committee of the Township
of Montague 4-11-78 as Ord. No. 78-6; amended in its entirety 11-28-2023 by Ord. No. 2023-17. Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any used or unconsumed substance or waste material that 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, newspaper, magazines, glass, metal, plastic,
or proper 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.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A.Â
No person shall throw, drop, discard, or otherwise deposit litter
of any nature upon public or private property other than in a litter
receptacle or, having done so, allow such litter to remain.
B.Â
No person shall sweep or deposit litter in any gutter, street, or
other public place.
C.Â
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this chapter, the operator, owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this chapter.
It shall be the duty of the owner, lessee, 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,
backyards, courts, and alleys free from litter and other offensive
material. 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 sidewalk or driveway. Every person who owns
or occupies property shall keep the sidewalk in front of his or her
premises free of litter. All sweepings shall be collected and properly
containerized for disposal; however, no person shall be prosecuted
for a violation of this section unless he or she has written notice
of the condition for a period of 24 hours. Litter receptacles and
their servicing are required at the following public places which
exist in the municipality: sidewalks used by pedestrians in active
retail commercially zoned areas, such that at a minimum there shall
be no single linear 1/4 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.
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 the 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 nonflyable 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
to refuse.
No person shall throw or deposit any handbill in or upon any
vehicle; however, it shall not be unlawful in any public place to
hand out or distribute a handbill to any person who is willing to
accept it and is there to accept it.
It shall be unlawful for any residential property owner to store
or permit storage of any bulky household waste, including household
appliances, furniture, and mattresses, in areas zoned residential,
except in a fully enclosed structure or during days designated for
the collection of bulky items; however, no person shall be prosecuted
for a violation of this section unless he, she or it has written notice
of the condition for a period of 24 hours.
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
It shall be unlawful for any person to discard or dump along
any street or road, on or off any right-of-way, any household or commercial
solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber
tires, appliances, or furniture, on private property, except by written
consent of the owner of said property, any place not specifically
designated for the purpose of solid waste storage or disposal.
It shall be unlawful for any residential property owner to store
or permit the storage of tires in areas zoned residential, except
in a fully enclosed structure or on days designated for the collection
of tires.
It shall be unlawful for any vehicle to be driven, moved, stopped,
or parked on any highway unless such a vehicle is constructed or loaded
to prevent any of its load from dropping, shifting, leaking, or otherwise
escaping therefrom. Any person operating a vehicle from which any
glass 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 property to be cleaned of all glass
or objects and shall pay the costs therefor.
Any person violating any provision of this chapter shall, upon
conviction, be subject to a fine not less than $100 nor more than
$500. If the violation is of a continuing nature, each day during
which it continues constitutes a separate and distinct offense.
In the event any litter deposited upon public or private property other than in a litter receptacle contains any correspondence, invoices, address or shipping labels, magazine labels, or similar documents identifying any person, it shall be presumed that the person or persons so identified by such documents shall have violated § 47-2.
This chapter shall be enforced by the Montague Township Constable,
Code Enforcement Officer, Department of Health, State Police, and/or
other municipal officials of the Township of Montague.
