[R.O. 1966 C.S. § 13A:8-1; Ord.
6 S+FK, 9-7-1988 § 1; Ord. 6 S+FG, 9-1-1993 § 1; Ord. 6 S+FE, 9-18-2002 § 1; Ord. 6 S+FJ, 5-17-2006; Ord. 6 PSF-D, 2-17-2010 § 3]
a. Every owner, lessee, tenant occupant or person in charge of any structure
shall keep and cause to be kept the sidewalk and curb abutting the
building or structure free from obstruction and nuisances of every
kind, and shall keep the sidewalks, areaways, backyards, courts, and
alleys free from litter and other solid waste by sweeping their sidewalks
a minimum of twice a week, except as provided in paragraph b. Such
persons shall also remove all such litter and other solid waste between
the curb abutting the building or premises and the roadway extending
18 inches from the curb into the street on which the building or premises
fronts. Any person, firm, or corporation who violates or fails or
neglects to comply with any provision of this chapter or rule or regulation
promulgated pursuant thereto, shall be punishable upon conviction
thereof by a fine or penalty as provided below:
1. First Offense. A fine of $100.
2. Second Offense. A fine of $200.
3. Third Offense. A fine of $350 and/or up to 90 days of community service.
4. Fourth and Each Subsequent Offense. A fine of $1,500, and/or up to
90 days of community service and discontinuance of solid waste collection
service until compliance is met. Each day such violation is committed
or permitted to continue shall constitute a separate offense and be
punishable as such.
5. A mandatory court appearance is required for the third and subsequent
violations of this chapter provided that the third offense must be
within one year of the first offense.
6. The City waives the application of the additional penalty for a subsequent
violation within one year of a previous violation pursuant to N.J.S.A.
40:49-5.
b. Within 30 minutes of opening and closing for business and between
the hours of 12:00 p.m. and 1:00 p.m., including weekends and holidays,
when open for business, merchants must sweep their sidewalks and an
area 18 inches out from the curb onto the roadway. Such business merchants
shall pick up all paper, debris, and litter collected as a result
of such sweeping and deposit it into a suitable receptacle.
c. No person shall sweep litter, liquid pollutants, or any similar debris
into any gutter, storm sewer, catch basin, street, or other public
place. Every person who owns or occupies property shall keep the sidewalk
in front of his/her premises free of litter. All sweepings shall be
collected and properly disposed of in a suitable receptacle for disposal
pursuant to Chapter 4 of this Title.
[R.O. 1966 C.S. § 13A:8-2]
No person shall throw or deposit litter on any occupied private
property, whether owned by him/her 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 not be
carried or deposited by the elements upon any street, sidewalk or
other public place or upon any private property.
[Ord. 6 S+FB, 6-1-1988; 6 PSF-D, 2-17-2010 § 3]
a. No person shall throw or deposit litter on any private property,
whether owned by him/her 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 not be carried or
deposited by the elements upon any street, sidewalk or other public
place or upon any private property. Any person, firm, or corporation
who violates or fails or neglects to comply with any provision of
this chapter or rule or regulation promulgated pursuant thereto, shall
be punishable upon conviction thereof by a fine or penalty as provided
below:
1. First Offense. A fine of $100.
2. Second Offense. A fine of $200.
3. Third Offense. A fine of $350 and/or up to 90 days of community service.
4. Fourth and Each Subsequent Offense. A fine of $1500, and/or up to
90 days of community service and discontinuance of solid waste collection
service until compliance is met. Each day such violation is committed
or permitted to continue shall constitute a separate offense and be
punishable as such.
5. A mandatory court appearance is required for the third and subsequent
violations of this chapter provided that the third offense must be
within one year of the first offense.
6. The City waives the application of the additional penalty for a subsequent
violation within one year of a previous violation pursuant to N.J.S.A.
40:49-5.
[Ord. 6 S+FB, 6-1-1988 § 1; Ord. 6 S+FJ, 5-17-2006]
a. It shall be unlawful for any owner, agent thereof, person to whom
a construction or demolition or demolition permit was issued by the
City of Newark, 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.
b. It shall be the duty of the owner, agent, contractor, or person to
whom the construction or demolition permit was issued by the City
of Newark to furnish at the worksite suitable receptacles that are
adequate to contain flyable or non-flyable debris, solid waste, rubbish,
or liquid pollutants. The receptacles should be placed in areas convenient
to construction/demolition areas.
c. The owner, agent, person to whom a construction or demolition permit
was issued by the City of Newark, or contractor in charge of a construction
or demolition site shall maintain and empty the receptacles in such
a manner and with such frequency as to prevent spillage of the debris.
d. It shall be unlawful for any owner, agent, person to whom a construction
or demolition permit was issued by the City of Newark, or contractor
in charge of a construction or demolition site to permit litter, debris,
solid waste, or liquid pollutants to be placed, swept or discharged
into the City's stormwater sewer.
[R.O. 1966 C.S. § 13A:8-3; Ord.
6 PSF-D § 3, 2-17-2010]
No person shall throw or deposit any litter in or upon any street,
sidewalk or other public place except in public receptacles or in
authorized private receptacles for collection. Any person, firm, or
corporation who violates or fails or neglects to comply with any provision
of this chapter or rule or regulation promulgated pursuant thereto,
shall be punishable upon conviction thereof by a fine or penalty as
provided below:
1. First Offense. A fine of $100.
2. Second Offense. A fine of $200.
3. Third Offense. A fine of $350 and/or up to 90 days of community service.
4. Fourth and Each Subsequent Offense. A fine of $1,500, and/or up to
90 days of community service and discontinuance of solid waste collection
service until compliance is met. Each day such violation is committed
or permitted to continue shall constitute a separate offense and be
punishable as such.
5. A mandatory court appearance is required for the third and subsequent
violations of this chapter provided that the third offense must be
within one year of the first offense.
6. The City waives the application of the additional penalty for a subsequent
violation within one year of a previous violation pursuant to N.J.S.A.
40:49-5.
[R.O. 1966 C.S. § 13A:8-4]
No person shall throw or deposit litter on any open or vacant
property whether owned by such person or not.
[R.O. 1966 C.S. § 13A:8-5]
No person shall throw or deposit litter in any park except in
public receptacles and in such a manner as to prevent such litter
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 litter shall be carried from the park by the
person responsible for its presence and shall be properly disposed
of elsewhere.
[R.O. 1966 C.S. § 13A:8-6; Ord.
6 S+FJ, 5-17-2006]
No person shall throw or deposit litter, or cause liquid pollutants
to be drained into any stormwater sewer, catch basin, fountain, pond,
lake, stream, river, bay or any other body of water.
[R.O. 1966 C.S. § 13A:8-7; Ord.
6 S+FB, 6-1-1988 § 1]
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked, on any road or highway unless such vehicle is constructed,
loaded and covered to prevent any of its load from dropping, sifting,
leaking or otherwise escaping therefrom. Any person operating a vehicle
from which any debris 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 debris or objects and shall pay the costs thereof.
[R.O. 1966 C.S. § 13A:8-8]
No person shall throw or deposit litter from a vehicle upon
any street or other public place.
[R.O. 1966 C.S. § 13A:8-9]
Every person distributing or offering for sale in any street
or public place any food or drink for consumption shall provide in
a conspicuous place a receptacle for all refuse. The vendor shall
maintain and empty the receptacle in such a manner, and with such
a frequency, so as to prevent the spillage of refuse.
[R.O. 1966 C.S. § 13A:8-10; Ord.
6 S+FB, 6-1-1988 § 1]
a. 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 utilized 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; 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.
Litter receptacle means a container suitable for the depositing
of litter.
b. No person shall use any open mesh litter basket (receptacle), placed
on the streets by the City, for the deposit of residential or commercial
solid waste, refuse, rubbish, garbage or other waste material.
[R.O. 1966 C.S. § 13A:8-11]
a. No person shall throw or deposit any handbill in or upon any sidewalk,
street or other public place.
b. No person shall hand out or distribute or sell any handbill in any
public place; provided, however, it shall not be deemed unlawful for
any person to hand out or distribute without charge to the receiver
thereof, in any sidewalk, street, or other public place, any handbill
to any person willing to accept it. Nothing herein shall attempt to
limit or restrain the right of self expression.
[R.O. 1966 C.S. § 13A:8-12]
No person shall throw or deposit any handbill in or upon any
vehicle; provided, however, that it shall not be unlawful for a person
to hand out or distribute without charge to the receiver thereof,
in any public place, a handbill to any occupant of a vehicle who is
willing to accept it.
[R.O. 1966 C.S. § 13A:8-13]
No person shall throw or deposit any handbill in or upon any
private premises which are temporarily or continuously uninhabited
or vacant.
[R.O. 1966 C.S. § 13A:8-14]
No person shall throw, deposit or distribute any handbill in
or upon private premises: a. if requested by anyone in or upon such
premises not to do so; or b. if there is placed on the premises a
sign with the words: "No Trespassing," "No Peddlers or Agents," "No
Advertisement," or any similar notice indicating that the occupants
of the premises do not desire to be molested or have their right of
privacy disturbed, or to have any such handbills left upon such premises.
[R.O. 1966 C.S. § 13A:8-15]
No person shall throw, deposit or distribute any handbill in
or upon private premises which are inhabited, except by handing or
transmitting such handbills directly to the owner, occupant or upon
inhabited private premises or sidewalks, streets or other public places,
or in the alternate by depositing the handbills in mailboxes, except
as otherwise prohibited by Federal postal law or regulations. The
provisions of this section shall not apply to the distribution of
mail by the United States nor to newspapers. Alternately, handbills
may be distributed to private premises which are inhabited if properly
secured by placing the same under the door or attaching securely to
the doorknob of the structure.
[R.O. 1966 C.S. § 13A:8-16]
No person shall post or affix any notice, poster or other paper
or device, calculated to attract the attention of the public to any
lamppost, public utility pole, shade tree, or upon any public structure
or building, except as may be authorized or required by law.
CROSS REFERENCE: For other provisions concerning the posting of notices, see Section 29:22-1 of these Revised Ordinances.
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