[HISTORY: Adopted by the Township Council of the Township
of Pequannock 7-22-1997 as Ch.
105 of the 1997 Code. Amendments noted where applicable.]
As used in this chapter, 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 but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
A container suitable for the depositing of litter which is
so designed to contain litter in the receptacle from the effects of
the weather and which is of sufficient size to contain all litter
deposited therein between normal periodic servicing.
PUBLIC PLACE and PUBLIC BUILDING
Every public place or building within the Township which
is within the jurisdiction and control of the Township and is or may
be in general use by all citizens, and in which all have an equal
right of passage at will.
STREET
Includes highways, roads, avenues, boulevards, courts, public
lanes, alleys, sidewalks, footpaths and all other public highways
for vehicular or pedestrian travel.
No person shall throw, drop, discard, or otherwise put or place,
or cause to be thrown, put or placed, into, upon or within any street,
public place, parking lot or public building, litter of any nature
or any substance, matter or thing whatsoever whereby the safe, free
or unobstructed use of the same by the public may be in any way impeded
or interfered with, or whereby the same may be detrimental to the
health, safety or welfare of the public. Nothing in this section shall
prohibit the deposit of any such material in any public or private
receptacles approved by the Township for such purpose. Nothing contained
in this section shall be construed to prohibit construction, repair
or maintenance equipment, materials or machinery from being utilized
on such street, public place, parking lot or public building.
Litter receptacles and their servicing are required at the following
public places which exist in the Township of Pequannock, 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, governmental 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 to which the public is invited, including sporting events,
carnivals, circuses, and festivals. The proprietors of these places
or the sponsors of these events shall be responsible for providing
and serving the receptacles such that adequate containerization is
available.
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 parts thereof, 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.
It shall be unlawful for any residential property owner to store
or permit storage of any household waste, including household appliances,
furniture, and mattresses, in areas zoned residential, except in a
fully enclosed structure, during days designated for the collection
of bulky items, or away from public view such that the storage of
such items is in such a manner so as not to constitute a threat to
the public health, safety and welfare.
It shall be unlawful for any residential property owner to open
store or permit the open storage of tires in areas zoned residential,
unless such tire or tires are stored in such a manner that there does
not exist the potential for the breeding of mosquitoes.
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked within the Township on any highway, street, alley or other
public place, unless such vehicle is constructed or loaded to prevent
any of its contents from dropping, sifting, leaking or otherwise escaping
therefrom, nor shall any person drive or move any vehicle or truck
within the Township, the wheels or tires of which carry onto or deposit
on any street, alley or other public place mud, dirt, sticky substances,
litter or foreign matter of any kind. 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 thereof.
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.
It shall be unlawful for any residential or commercial property
owner to permit or maintain open or overflowing solid waste containers
on his or her property.
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
sidewalks, alleyways, 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. All sweepings
shall be collected and properly containerized for disposal.
A. It shall be unlawful for any
person to keep or permit the keeping on streets, vacant lots, residential
lawns or on any premises located within the Township, except within
a fully enclosed structure, any motor vehicle, trailer or semitrailer:
(1) Which is wholly unfit without
rebuilding or reconditioning for use for highway transportation;
(2) Which has been discarded
for use as a motor vehicle, trailer or semitrailer;
(3) Which does not display a
current valid state license; or
(4) Which is wrecked, disassembled
or partially disassembled.
B. This section shall not apply
if it is proven by the owner that the vehicle in question is being
actively reconditioned, provided that:
(1) Only one vehicle may be reconditioned
outside of an enclosed structure at any given time on property;
(2) Vehicle body parts and equipment
necessary for the reconditioning of said vehicle are stored in an
enclosed structure;
(3) The reconditioning is performed
in such a manner so as not to create an eyesore or public nuisance;
and
(4) The vehicle is covered at
all times when it is not being reconditioned.
No person shall prevent or interfere with any employee of the
Department of Public Works or any municipally authorized person in
the sweeping or cleaning of any street or in the removal of sweeping
ashes, garbage, rubbish, snow, ice or other refuse material.
A. It shall be unlawful for any
firm or corporation to cause the delivery or deposit of any unsolicited
newspapers, shoppers, circulars, leaflets, flyers and other like printed
matter including any personal property to or upon private premises
within the Township of Pequannock except in accordance with the terms
hereof. For the purposes of this section, "unsolicited" shall mean
the printed matter or other personal property referred to that has
not been ordered, subscribed or requested by the recipient.
B. The delivery of any personal
property, other than pursuant to the regulations set forth for printed
material, on private property is prohibited.
C. There shall be no intentional
delivery whatsoever of any such unsolicited printed matter to premises
after the owner or tenant of said premises has notified the publisher
or the delivery person, by certified mail, return receipt requested,
at the address so indicated, that such delivery shall cease or be
suspended for a stated period of time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]