[HISTORY: Adopted by the Township Council of the Township
of Gloucester 1-14-1985 by Ord.
No. O-84-57. Amendments noted where applicable.]
This chapter shall be known and cited as the "Gloucester Township
Anti-Litter Ordinance."
For the purposes of this chapter, the following terms, phrases,
words and their derivatives 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 or permissive.
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle as required and authorized in Chapter 55, Solid Waste and Recycling, of the Code of the Township of Gloucester.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or any other printed
or otherwise reproduced original or copies of any matter of literature:
Which advertises for sale any merchandise, product, commodity,
or thing; or
Which directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales; or
Which directs attention to or advertises any meeting, theatrical
performance, exhibition, or event of any kind, for which an admission
fee is charged for the purpose of private gain or profit; but the
terms of this clause shall not apply where an admission fee is charged
or a collection is taken up for the purpose of defraying the expense
incident to such meeting, theatrical performance, exhibition, or event
of any kind, when either of the same is held, given or takes place
in connection with the dissemination of information which is not restricted
under the ordinary rules of decency, good morals, public peace, safety
and good order; provided that nothing contained in this clause shall
be deemed to authorize the holding, giving or taking place of any
meeting, theatrical performance, exhibition, event of any kind, without
a license, where such license is or may be required by any law of
this state, or under any ordinance of this Township; or
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.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish as defined herein and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States, in accordance with federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, shall mean and
include any periodical or current magazine regularly published with
not less than four issues per year, and sold to the public.
Any printed or written matter, any sample, or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet,
or any other printed or otherwise reproduced original or copies of
any matter of literature not included in the aforesaid definitions
of a "commercial handbill" or "newspaper."
A park, reservation, playground, beach, recreation center
or any other public area in the Township, owned or used by the Township
and devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
The Township of Gloucester, County of Camden, and State of
New Jersey.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, including devices
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 Township except in public
receptacles or in authorized private receptacles for collection.
[Added 6-27-1988 by Ord.
No. O-88-29]
Litter receptacles shall be located at the following public
places: sidewalks used by pedestrians in active 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.
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 or upon private property.
No person shall sweep into or deposit in any gutter, street,
right-of-way or other public place within the Township the accumulation
of 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. This section shall in no
way prohibit the deposit or sweeping of leaves for collection or pickup
in accordance with any ordinance or regulation by the Township.
No person owning or occupying a place of business shall sweep
into or deposit into any gutter, street or other public place within
the Township 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 Township shall keep their
parking lots and 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 any litter upon any street or other public place within
the Township or upon private property.
No person shall drive or move any truck or other vehicle within
the Township 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 Township, the wheels
or tires of which carry onto or deposit in any street, alley, or other
public place, mud, dirt, sticky substance, litter or foreign matter
of any kind so as to create a nuisance, hazard or dangerous condition
on or upon the streets, alleys or other public places within the Township.
No person shall throw or deposit litter in any park, playground
or recreational area within the Township, except in public receptacles
and in such manner that the litter will be preserved from being carried
or deposited by the elements upon any part of the park, playground,
recreational area 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 as provided herein.
No person shall throw or deposit litter in any lake, stream,
pond, fountain, or other body of water in any park or elsewhere within
the Township.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street, or other public place within
the Township. 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 to hand out or distribute, without charge
to the receiver thereof, any noncommercial handbill to any person
willing to accept the same, on any sidewalk, street or other public
place within the Township.
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 the same.
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 handbills 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 chapter, 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 law or regulations.
A.
Exemption for mail and newspapers. The provisions of this section
shall not apply to the distribution of mail by the United States,
nor to newspapers (as defined herein) 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 Township any litter, handbills or 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
lamppost, 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 in the Township, whether owned by such person or not, except
that the owner or person in control of private property may authorize
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 or upon any open
or vacant private property within the Township whether owned by such
person or not.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punished by a fine not to exceed $500 or
by imprisonment in the county jail for a period of not to exceed 90
days, or by both such fine and imprisonment, and each violation of
any of the provisions of this chapter and each day the same is violated
shall be deemed and taken to be a separate and distinct offense.
