[HISTORY: Adopted by the Mayor and Council of the Borough
of Montvale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-20-1968 by Ord. No. 550 (Ch.
58, Art. I, of the 1966 Code)]
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein. 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.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown, deposited or stored, as herein prohibited,
tends to create a danger to public health, safety and welfare.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PRIVATE PREMISES
Any dwelling house, building or other structure designed
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, ground, walk, driveway, porch, steps or
vestibule belonging or appurtenant to such dwelling house, building
or other structure.
PUBLIC PLACE
Any street, sidewalk, alley or other public way, and any
and all public parks, squares, spaces, grounds and buildings.
PUBLIC STRUCTURE OR BUILDING
Any structure or building owned or operated by the federal,
county or state government or any governmental agency.
REFUSE
All putrescible solid wastes (except body wastes) including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, dismantled automobiles and parts thereof, scrap metal,
junk, machinery, and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes, consisting of both combustible
and noncombustible wastes, such as papers, wrappings, cigarettes,
cardboard, tin cans, yard clippings, branches and stumps, wood, glass,
bedding, crockery, building materials and similar materials.
VEHICLE
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 upon stationary rails or tracks.
No person shall throw or deposit litter in or
upon any street, sidewalk or other public place within the Borough
except in public receptacles or in authorized private receptacles
for collection, or in official Borough dumps; provided, however, that
said public receptacles shall not be used by persons owning or occupying
property in the vicinity of said public receptacles for the deposit
of domestic, commercial and industrial litter arising from the conduct
of said activities.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such a manner
as to prevent it from being carried or deposited by the elements upon
any street, sidewalk or other public place. No person shall burn in
the open any rubbish or garbage or refuse, including wood and building
debris, except as otherwise permitted by ordinance or statute. This
shall not be construed to prohibit outdoor cooking and the use of
normal fuel therefor.
No person shall sweep into or deposit in any
gutter, street or other public place within the Borough the litter
from any building or lot or from any 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 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 sidewalk or driveway. Persons
owning or occupying places of business within the Borough shall keep
the sidewalk in front of their business premises free of litter.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street or other public
place within the Borough, or upon private property.
No person shall drive or move any truck or other
vehicle within the Borough unless such vehicle is so constructed or
loaded as to prevent any load, contents or litter from being blown
or deposited upon any street, alley or other public place. Nor shall
any person drive or move any vehicle or truck within the Borough,
the wheels or tires of which carry onto or deposit in any street,
alley or other public place mud, dirt, stones, sticky substances,
litter or foreign matter of any kind.
No person 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 person responsible
for its presence and properly disposed of elsewhere.
No person shall throw or deposit litter in any
fountain, pond, stream or any other body of water in a park or elsewhere
within the Borough.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any sidewalk, street or other
public place within the Borough. Nor shall any person hand out or
distribute or sell any commercial handbill in any public place. Provided,
however, that it shall not be unlawful on any sidewalk, street or
other public place within the Borough for any person to hand out or
distribute, without charge to the receiver thereof, any noncommercial
handbill to any person willing to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any vehicle. Provided, however,
that it shall not be unlawful in any public place for a person to
hand out or distribute without charge to the receiver thereof a noncommercial
handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill upon any private premises
if requested by anyone thereon not to do so, or if there is placed
on said premises in a conspicuous position near the entrance thereof
a sign bearing the words: "No Trespassing," "No Peddlers or Agents,"
"No Advertisement," or any similar notice, indicating in any manner
that the occupants of said premises do not desire to be molested or
have their right of privacy disturbed, or to have any such handbills
left upon such premises.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill in or upon private premises
which are inhabited, except by handing or transmitting any such handbill
directly to the owner, occupant or other person then present in or
upon such private premises. Provided, however, that in the case of
inhabited private premises which are not posted, as provided in this
article, such person, unless requested by anyone upon such premises
not to do so, may place or deposit any such handbill in or upon such
inhabited private premises if such handbill is so placed or deposited
as to secure or prevent such handbill from being blown or drifted
about such premises or sidewalks, streets or other public places,
and except that mailboxes may not be so used when so prohibited by
federal postal laws or regulations.
The provisions of §
252-14 shall not apply to the distribution of mail by the United States, nor to newspapers, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
No person in any aircraft shall throw out, drop
or deposit within the Borough any litter, handbill or any other object.
No person shall post or affix any notice, poster
or other paper or device calculated to attract the attention of the
public to any lamp post, public-utility pole or shade tree, or upon
any public structure or building, except as may be authorized or required
by law.
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 the 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. Notice to remove.
The Health Officer and the Building Inspector are hereby authorized
and empowered to notify the owner of any open or vacant private property
within the Borough or the agent of such owner to properly dispose
of litter located on such owner's property which is dangerous to public
health, safety or welfare. Such notice shall be by registered mail,
addressed to said owner at his 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 dangerous to the public health, safety or welfare within seven days after receipt of written notice provided for in Subsection
A above, or within two 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 and the Building Subcode Official are hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Borough.
C. Charge 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 10 days after the disposal of such litter, as provided for in Subsections
A and
B above, then, and in that case, the Health Officer and Building Subcode Official shall cause to be recorded in the tax office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court and attorneys' fees, 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 that the 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.
This article shall be enforced by the Police
Department of the Borough of Montvale or such other duly authorized
agents or persons duly authorized by resolution of the Mayor and Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person who shall violate any provision of
this article shall, upon conviction, be subject to the penalties provided
in N.J.S.A. 13:1E-99.3.
If any section, subsection, sentence, clause,
phrase or portion of this article is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions
hereof.
All ordinances and parts of ordinances in conflict
with the provisions of this article are hereby repealed.
This article shall take effect upon final passage
and publication as required by law.
[Adopted 9-13-1988 by Ord. No. 88-873 (Ch.
58, Art. II, of the 1966 Code)]
A. As used in this
article, the following terms shall have the meanings 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, glass, metal, plastic or paper containers or other packaging or construction material and any refuse as is defined in §
252-1 of the Montvale Code, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
PERSON
Corporations, companies, associations, societies, firms,
partnerships and joint-stock companies, as well as individuals.
B. Number; gender.
Whenever, in describing or referring to any person, party, matter
or thing, any word importing the singular number or masculine gender
is used, the same shall be understood to include and to apply to several
persons or parties as well as to one person or party, and to females
as well as males, and to bodies corporate as well as individuals,
and to several matters and things as well as one matter or thing.
It shall be unlawful for any person:
A. To throw, drop,
discard or otherwise place litter of any nature upon any public or
private property other than a litter receptacle.
B. 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.
C. 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.
D. To cause 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, sifting, 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.
E. For any owner,
employee, servant, 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, employee, servant, 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.
F. 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 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person who shall violate any provision of
this article shall, upon conviction, be subject to the penalties provided
in N.J.S.A. 13:1E-99.3.
The within article is intended as a supplement
to other provisions of the Montvale Code regulating the disposal of
litter and refuse; provided, however, that to the extent that the
within article makes it unlawful to perform an act which is permitted
by any other section of the Montvale Code, the within is intended
to repeal such other provision of the Montvale Code.
Should any article, section, subsection, paragraph,
sentence, clause or phrase of this article be adjudged by any court
of competent jurisdiction to be invalid or unconstitutional, such
judgment shall not affect, impair or invalidate the remainder thereof
but shall be confined in its operation to the article, section, subsection,
paragraph, sentence, clause or phrase thereof directly involved in
the controversy in which said judgment shall have been rendered.
This article shall take effect immediately upon
passage and publication according to law.