[HISTORY: Adopted by the Township Committee of the Township of West Deptford 3-7-1985 by Ord. No. 85-3. Amendments noted where applicable.]
[Amended 5-4-2006 by Ord. No. 2006-9]
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.
LITTER
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.
[Amended 5-4-2006 by Ord. No. 2006-9]
LITTER RECEPTACLE
A container suitable for the depositing of litter.
[Added 5-4-2006 by Ord. No. 2006-9]
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
[Added 5-4-2006 by Ord. No. 2006-9]
[Amended 5-4-2006 by Ord. No. 2006-9]
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.
[Amended 5-4-2006 by Ord. No. 2006-9]
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this chapter, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this chapter.
No person shall load, drive or move any truck or other vehicle unless the vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street or other public place.
No person shall throw or deposit any litter in any fountain, stream, river, skating rink or any other body of water in a park or recreation area or elsewhere in the Township or discharge any waste or sewage into any such waters or pollute the waters in any manner whatsoever.
No person shall throw or deposit litter on any occupied or vacant private property, whether owned by such person or not, provided that the owner or person in control of the property may maintain private receptacles for the collection of litter.
The owner, agent, lessee, tenant, occupant or other person who manages or controls a building or lot shall be jointly or severally responsible for keeping the sidewalk, flagging, curbstone and the air shafts, all areaways, backyards, courts, parking lots and alleys free from litter.
All trash and garbage collected within or without the Township and disposed of in the Township shall be disposed of in accordance with the regulations set forth by the Department of Environmental Protection and those set down by the Township of West Deptford which will be published and maintained in the Township Building from time to time and updated in accordance with recycling or requirements by the County of Gloucester, State of New Jersey, and Superior Court of New Jersey, State of New Jersey.
[Added 3-2-1989 by Ord. No. 89-4[1]]
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including 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 stations 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, 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" means a container suitable for the depositing of litter.
[1]
Editor's Note: This ordinance also renumbered former § 105-9. Violations and penalties, as § 105-17.
[Added 3-2-1989 by Ord. No. 89-4]
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, furniture or private property, except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.
[Added 3-2-1989 by Ord. No. 89-4]
It shall be unlawful for any residential property owner to store or permit storage for a period in excess of 14 days 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.
[Added 3-2-1989 by Ord. No. 89-4]
It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential for a period in excess of 14 days except in a fully enclosed structure or on days designated for the collection of tires.
[Added 3-2-1989 by Ord. No. 89-4]
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.
[Added 3-2-1989 by Ord. No. 89-4]
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 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 of refuse. Temporary fencing shall be erected to contain flyable debris on site.
[Added 3-2-1989 by Ord. No. 89-4]
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
[Added 3-2-1989 by Ord. No. 89-4]
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 obstructions 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.
[Amended 3-2-1989 by Ord. No. 89-4; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation which violates any provision of this chapter shall, upon conviction, be subject to the penalty in § 1-15, Violations and penalties, of the Code of the Township of West Deptford.
[Added 5-4-2006 by Ord. No. 2006-9]
This chapter shall be enforced by the West Deptford Police Department and/or Code Enforcement Officer.
[Added 5-4-2006 by Ord. No. 2006-9]
Each section, subsection, sentence, clause and phrase of this chapter is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this chapter to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this chapter.