[HISTORY: Adopted by the City Council of the City of Long Branch as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering on beaches — See § 116-5H.
Public health nuisances — See Ch. 238.
Parks — See Ch. 247.
Solid waste — See Ch. 293.
[Adopted 1-26-1971 by Ord. No. 590 as Sec. 6-1 of the 1971 Code]
As used in this article, the following terms shall have the meanings indicated:
GARBAGE
Putrescible animal and vegetable waste 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 or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) that is owned or operated by the City of Long Branch or their public body, and is designed and used for collecting and conveying stormwater. Municipal separate storm sewer systems do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
[Added 3-27-2007 by Ord. No. 11-07]
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
[Added 3-27-2007 by Ord. No. 11-07]
PUBLIC PLACE
All streets, sidewalks, boulevards, alleys, beaches or other public ways and all public parks squares, spaces, docks, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid waste (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial waste.
RUBBISH
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.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land(s) surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow-removal equipment.
[Added 3-27-2007 by Ord. No. 11-07]
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 on stationary rails or tracks.
No person shall sweep, throw, deposit or dump litter in or on any property, whether occupied, open or vacant, whether owned by that person, or in a public place or pond, lake or stream or other body of water within the city, except in public receptacles or in authorized private receptacles for collection.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in a manner which prevents the litter from being carried or deposited by the elements upon a public place or upon private property.
No person, including merchants owning or occupying a place of business, shall sweep into or deposit in a gutter, road, right-of-way or other public place within the city the accumulation of litter from a building or lot or from a 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 shall bring, cart, remove, transport or collect any litter from outside the city and bring it into the city for the purpose of dumping or disposing thereof. No truck or other vehicle containing litter which has been transported into the city shall be parked or allowed to remain standing on any street in the city or on any public property for a period in excess of two hours.
Advertisements, handbills, circulars and papers may be distributed in the city only if they are so securely placed at each dwelling that they will not be blown away by the wind; otherwise, no person shall place any advertisement, handbill, circular or paper on or in any public street, sidewalk, building or vehicle within the city.
[Adopted 12-27-1988 by Ord. No. 67-88 (Sec. 18-11 of the 1971 Code)]
The Department of Public Works shall be responsible for grant implementation for the application to be filed by the City of Long Branch for the Clean Communities Model Program in the Office of Recycling, New Jersey Department of Environmental Protection. The Public Works Director shall serve as coordinator of the program.
Litter receptacles and their servicing shall be required at the following public places where they exist in the City of Long Branch:
A. 
Sidewalks used by pedestrians in active retail/commercially zoned areas. At least one receptacle shall be required every single linear quarter-mile.
B. 
Buildings held out for use by the public, including but not limited to schools, government buildings and railroad and bus stations.
C. 
Parks.
D. 
Drive-in restaurants.
E. 
Any street vendor locations.
F. 
Self-service refreshment areas.
G. 
Construction sites.
H. 
Gasoline service station islands.
I. 
Shopping centers.
J. 
Parking lots.
K. 
Campgrounds and trailer parks.
L. 
Marinas, boat moorage and fueling stations.
M. 
Boat launching areas.
N. 
Public and private piers operated for public use.
O. 
Beaches and bathing areas.
P. 
At special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals.
The proprietors of any location set forth in § 215-10, or the sponsor of any event listed therein, shall be responsible for the providing and servicing of the receptacles in such number as would reasonably be required for the amount of litter to be generated by the person(s) expected to use or be on the site at the event in question.
Notwithstanding the provisions of Chapter 293, Solid Waste, Article I, Garbage Collection and Recycling, § 293-10, Tire pickup service, no tires shall be stored in or on any residentially zoned property unless located in a fully enclosed structure.
Notwithstanding the provisions of Chapter 332, Vehicles, Storage of, no inoperable or unregistered vehicle shall be kept or stored on any street, vacant lot or residential lawn unless located in a fully enclosed structure.
No vehicle shall be used to transport a load of materials without the use of a cover to prevent the dropping, leaking or other manner of escaping of such material.
No materials or debris shall be accumulated on or around construction sites or stored in a manner that it is likely to be removed by natural forces onto adjacent property.
Every owner, lessee, tenant, occupant or person in charge of any building or structure shall be required to keep and cause to be kept the sidewalk and curb abutting said building or structure free from obstruction and nuisance of every kind and to keep said sidewalks, areaways, backyards, courts and alleys free from debris, litter and garbage of any kind.
[Amended 3-27-2007 by Ord. No. 11-07]
No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter, debris or garbage of any kind from any public or private sidewalk or driveway. No person shall spill, dump or deposit any materials other than stormwater to the municipal separate storm sewer system operated by the City of Long Branch and no person shall spill, dump or dispose materials other than stormwater in such a manner as to cause the discharge of pollutants in the municipal separate storm sewer system. The exceptions to the prohibitions set forth in this provision are as follows:
A. 
Water line flushing and discharges from potable water sources;
B. 
Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters);
C. 
Air conditioning condensate (excluding contact and non-contact cooling water);
D. 
Irrigation water (including landscape and lawn-watering runoff);
E. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows;
F. 
Residential car-washing water and residential swimming pool discharges;
G. 
Sidewalk, driveway and street wash water;
H. 
Flows from fire-fighting activities;
I. 
Flows from rinsing of the following equipment with clean water:
(1) 
Beach maintenance equipment immediately following their use for their intended purposes; and
(2) 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or property discarded. Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
Every person who owns or occupies property upon which a sidewalk is located shall keep the sidewalk in front of his or her property or premises free of litter, debris or garbage of any kind. All sweepings of such material shall be collected and containerized for disposal in accordance with the requirements of this article.