[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]
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.
[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.