As used in this chapter, the following terms shall have the
meaning indicated:
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,
newspaper, magazines, throwaways or handbills, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary process of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
It shall be unlawful for any person to throw, drop, discard
or otherwise place litter of any nature upon any public or private
property other than in a litter receptacle.
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
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 quarter-mile without
a receptacle: buildings held out for use by the public, including
schools, government buildings, parks, drive-in restaurants, all street
vendor locations, self-service refreshment areas, construction sites,
gasoline service stations islands, shopping centers, parking lots,
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 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.
It shall be unlawful for any person to place on cars, porches
or other areas vulnerable to the elements, materials known as throwaways,
handbills and circulars.
[New]
Unless otherwise provided by law, any person, firm or corporation
violating any provision of this chapter shall, upon conviction thereof,
pay a fine of not more than $2,000 for each offense, or be imprisoned
in the county jail for a term not exceeding 60 days, or both, and
each day that such violation shall continue shall be deemed a separate
offense.
[Added 2-2-2022 by Ord. No. 1371]
A. Definitions. As used in this section, the following terms shall have
the meaning indicated:
BALLOON
A flexible nonporous bag made from materials, such as rubber,
latex, polychloroprene or nylon fabric, that can be inflated or filled
with fluid, such as helium, hydrogen, nitrous oxide, oxygen, air or
water, and then sealed at the neck, usually used as a toy or decoration.
SKY LANTERN
A device that requires a flame which produces heated air
trapped in a balloon-type covering allowing the device to float in
the air. Sky lanterns shall not include hot-air balloons used for
transporting persons.
B. Purpose. This section is adopted in order to protect the environment,
particularly the wildlife, and the health, safety and welfare of persons
and property by prohibiting the release of balloons and sky lanterns
into the environment, including latex and Mylar, as it has been determined
that the release of balloons, including balloons inflated with lighter-than-air
gases, poses a danger and nuisance to the environment, particularly
to wildlife and marine animals, so as to constitute a public nuisance
and may pose a threat to the safety of persons and property.
C. Prohibited releases. It shall be unlawful for any person, firm, corporation
or entity to intentionally release, organize the release of, or intentionally
cause to be released, balloons or sky lanterns within the limits of
the Borough of Wildwood Crest, with the following exceptions:
(1) Balloons or sky lanterns released by a person on behalf of a governmental
agency or pursuant to a governmental contract for scientific or meteorological
purposes.
(2) Hot-air balloons or sky lanterns carrying or transporting people
that are recovered after launching.
(3) Balloons or sky lanterns released indoors.
D. Enforcement. The Police Department and Code Enforcement Officer shall
have authority to enforce the provisions of this section.
E. Violations and penalties. Unless otherwise provided by law, any person,
firm or corporation violating any provision of this section shall,
upon conviction thereof, pay a civil penalty of not less than $100
nor more than $2,000 for each offense.