[Ord. No. 2017-17 § 4]
The purpose of this article is to establish requirements to
control littering in Princeton, so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2017-17 § 4;
amended 5-26-2020 by Ord. No. 2020-13]
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article 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.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copy of any matter of literature
which, while containing reading matter other than advertising matter,
is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as advertiser or distributor.
A building or buildings or any part thereof, and the lot
or tract of land upon which the building or buildings are situated,
where commercial activity of any kind takes place. Commercial activity
shall include, but is not limited to, automobile service stations;
stores for retail sales; liquor stores; taverns and inns; restaurants,
including, but not limited to, drive-in restaurants, snack bars, hot
dog, hamburger, and ice cream stands; professional activities, including,
but not limited to medical, dental, legal, architectural, accounting;
personal services, including, but not limited to real estate, insurance,
barber shops, hairdressers, repair shops of all kinds, shopping centers;
and amusements, including, but not limited to, movies, skating rinks,
bowling alleys, whether part of a shopping area or not.
The animal and vegetable and other organic wastes resulting
from the handling, preparation, cooking and consumption of food or
other products.
Garbage, refuse, and rubbish, as defined herein, and all
other waste material, such as chemical, building and automobile shop,
which is discarded or thrown or deposited as herein prohibited. “Litter”
shall include, but not be limited to, 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
A container suitable for the depositing of litter.
Any person having actual possession of the premises or any
part thereof.
Any person having charge, care or control of the premises
or any part thereof, whether with or without the consent of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof; or shall have charge, care
of control of any premises as owner or agent of the owner, or as fiduciary,
administrator, administratrix, trustee, receiver or guardian of the
estate or as mortgagee in possession was obtained. Any person who
is a lessee subletting or reassigning any part or all of any premises
shall be deemed to be a co-owner with the lessor and shall have joint
responsibility over the portion of the premises subject or assigned
by said lessee.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
Any dwelling or structure, whether or not occupied, and any
yard, grounds, sidewalk, wall, fence, driveway, porch, steps, vestibule
or mailbox belonging to or appurtenant to such dwelling or structure.
The areas between the edge of the pavement or traveled portion
of a highway, street or road, whether or not curbed, and the adjacent
private property line, and all areas used for any public park, playground,
municipal building or other installation, including driveways, parking
areas, walks, paths and other public ways thereupon.
All putrescible and non-putrescible solid wastes (except
body wastes), including but not limited to garbage and rubbish.
Non-putrescible solid wastes, consisting of both combustible
and non-combustible waste, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials, except natural fall of leaves and needles left
undisturbed.
[Ord. No. 2017-17 § 4;
amended 5-26-2020 by Ord. No. 2020-13]
No person shall throw, drop, discard, deposit, leave, abandon
or place any litter of any nature upon public or private (including
commercial) property located in Princeton other than in a litter receptacle,
or having done so, allow such litter to remain.
Whenever any litter is thrown or discarded or allowed to fall
from a vehicle or boat in violation of this article, the operator
or owner, or both, of the vehicle or boat shall also be deemed to
have violated this section.
[Ord. No. 2017-17 § 4]
Occupants, owners, and/or operators of commercial premises within
the municipality shall be responsible for removing litter from the
sidewalks, walkways, pedestrian areas and parking areas during every
day the premises are open for business. The areas shall be swept or
otherwise cleaned as often as is necessary to maintain it free of
litter.
[Ord. No. 2017-17 § 4]
Every owner, operator and/or occupant of commercial premises
shall have the duty and responsibility of providing sufficient and
suitable litter receptacles with tightfitting covers for receiving
and holding litter; and the litter receptacles shall be maintained
in a manner, with the cover in place so as to avoid the creation of
a nuisance.
[Ord. No. 2017-17 § 4]
No person shall place or cause to be placed upon, delivered,
deposited, thrown upon, left or abandoned within or upon any private
property or public ways adjacent to private property in the municipality
any garbage, cans, bottles, cartons and other types of refuse or rubbish,
or any handbills, advertisements, brochures, flyers, shoppers or other
unsolicited commercial matter, printed or otherwise, of every kind
or nature whatsoever.
[Ord. No. 2017-17 § 4]
The provisions of section 14-19 shall not be applicable to the
delivery of:
(a)
Mail, parcels or packages by and in accordance with the rules of
the United States Postal Service.
(b)
Parcels, packages and materials by vendors organized for such purposes,
and those delivered by vendors where ordered by or on behalf of the
owner or occupant of the recipient premises.
(c)
Newspapers and other publications and periodicals that are solicited
or subscribed to by the owner or occupant of the recipient premises,
provided that such material is placed firmly in a receptacle designed
for such purpose, or there being no such receptacle, is tightly secured
or packaged so as to prevent blowing or scattering upon the recipient
premises or adjacent areas.
(d)
Unsolicited and unsubscribed newspapers, publications and other periodicals
that are wholly or partially of a commercial nature, provided that
such material is placed firmly in a receptacle designed for such purpose,
or there being no such receptacle is tightly secured or packaged so
as to prevent blowing or scattering upon the recipient premises or
adjacent areas.
(e)
Laundry, dry cleaning, dairy, bakery and similar food products, and
commercial product sampling, by agreement with or invitation of the
owner or occupant of the recipient premises.
(f)
Solicitation cards, brochures and flyers by duly authorized bona-fide
non-profit charitable organizations, including, but not limited to,
United Fund, American Red Cross, religious, educational, medical and
volunteer police, fire and ambulance organizations, provided that
such material is tightly secured or packaged and placed in such manner
as not to blow or scatter upon the recipient premises or adjacent
areas.
(g)
Non-commercial handbills of a political or other nature whose distribution
is protected by constitutional rights of free speech, provided that
such handbills are tightly secured or packaged in such manner as not
to blow and scatter upon the recipient premises or adjacent areas.
[Ord. No. 2017-17 § 4]
The owner or occupant of any property within the municipality
shall have the right, at any time, in writing, either by certified
mail or in person, to transmit to the local office of the publisher
and/or distributor of any unsolicited or unsubscribed newspapers,
publications or other periodicals that are wholly or partially of
a commercial nature, a notice of objection to the continued delivery
of any such unsolicited and unsubscribed material. Such notice of
objection shall clearly identify the property to which the continued
delivery of any such unsolicited or unsubscribed material is objected.
Any publisher and/or distributor who receives said notice of objection,
shall comply with said notice within 14 days of receipt of said notice
and shall discontinue the delivery of the objected to material to
the property identified by said notice. Such notice of objection shall
continue in effect until revoked, and it shall be deemed a violation
of this article for any person, including, but not limited to, a publisher
and/or distributor to deliver, continue to deliver or cause to be
delivered any such unsolicited and unsubscribed material to the property
of any such objecting owner or occupant.
To facilitate cooperative action with regard to violations as
herein described, any owner or occupant of any property within the
municipality who has transmitted written notice of objection as provided
for herein to the publisher and/or distributor, may file a copy of
said notice and all subsequent correspondence pertaining to said notice
with the municipal clerk, who will maintain a file of such correspondence
for public inspection. Said municipal clerk files are to be kept current
by removing therefrom any correspondence which is more than three
years old.
[Ord. No. 2017-17 § 4]
Litter receptacles shall be required in the following areas:
(a)
In buildings held out for use by the public, including schools, government
buildings, and railroad and bus stations; parks; all street vendor
locations; self-service refreshment areas; construction sites; gasoline
service station islands; shopping centers; parking lots; boat moorage
and fueling stations; boat launching areas; public and private piers
operated for public use; beaches and bathing areas;
(b)
At any and all special events to which the public is invited, including
sporting events, parades, carnivals, circuses, and festivals.
The owners of the above mentioned places or the sponsors of
the above-mentioned events, as the case may be, shall be responsible
for providing and servicing the receptacles at such times and in such
a manner that clean and adequate storage in the receptacles is maintained
at all times.
[Ord. No. 2017-17 § 4]
Each violation of the provisions of this article shall be deemed
a separate violation whether it shall occur on the same day or on
succeeding days.
[Ord. No. 2017-17 § 4]
Any person, firm or corporation violating any provisions of
this article shall be liable in the municipal court for fines as follows:
[Ord. No. 2017-17 § 4]
Every section or provision of this article shall be deemed a
separate provision to the extent that if any portion shall be declared
invalid, such determination shall not affect the remaining parts of
this ordinance, which shall remain in force and effect to the extent
severable.
[Ord. No. 2017-17 § 4]
This article shall be enforced by the police department and/or
health department of the municipality of Princeton.
