[HISTORY: Adopted by the Township Committee of the Township of South
Hackensack 6-7-1984. Amendments noted where applicable.]
[Amended 11-10-2004 by Ord. No. 2004-16; 11-10-2004
by Ord. No. 2004-19]
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings stated herein unless their use
in the text of this chapter 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.
A litter storage and collection receptacle, as required and authorized
in this chapter, regulating the disposal of garbage and waste matter in the
township.
The placement of yard waste in a trash can, bucket, bag or other
vessel, such as to prevent the yard waste from spilling or blowing out into
the street and coming into contact with stormwater.
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.
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.
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 subsection shall
not apply where an admission fee is charged or a collection is taken up for
the purpose of defraying the expenses 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 subsection
shall be deemed to authorize the holding, giving or taking place of any meeting,
theatrical performance, exhibition or 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.
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.
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, saw milling, farming or manufacturing.
A container suitable for the depositing of litter.
Any newspaper of general circulation, as defined by general law,
any newspaper duly entered with the United States Postal Service 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 no less than four (4) 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, swimming pool, recreation center
or any other public area in the township owned or used by the township and
devoted to active or passive recreation.
Any individual, corporation, company, partnership, firm, association
or political subdivision of this state subject to municipal jurisdiction.
Any dwelling, house, building or other structure designed or used,
either in whole 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, malls 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, snow, wood, glass, bedding, crockery and similar materials.
Any street, avenue, boulevard, road, parkway, viaduct, drive or other
way, which is an existing state, county or municipal roadway, and includes
the land between the street lines, whether improved or unimproved, and may
comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and
other areas within the street lines.
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
upon stationary rails or tracks.
Leaves and grass clippings.
[Amended 11-10-2004 by Ord. No. 2004-16]
A.
It shall be unlawful for any person to throw, drop, discard or
otherwise place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter to remain.
B.
Whenever any litter is thrown or discarded or allowed to fall
from a vehicle or boat in violation of this chapter, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have violated
this ordinance.
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.
A.
No person shall sweep into or deposit in any gutter,
street, mall 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.
B.
No person owning or occupying a place of business shall
sweep into or deposit in any gutter, street, mall 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 the sidewalk in front of their
business premises free of litter.
C.
No landscaper shall sweep into or deposit in any gutter,
street, mall or other public place within the township the accumulation of
leaves from any building or lot or from any public or private sidewalk or
driveway. All leaves shall be bagged by a landscaper and carted away by him
or her.
D.
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping services,
shall not sweep, rake, blow or otherwise place yard waste, unless the yard
waste is containerized, in the street. If yard waste that is not containerized
is placed in the street, the party responsible for placement of yard waste
must remove the yard waste from the street or said party shall be deemed in
violation of this chapter.
[Added 11-10-2004 by Ord. No. 2004-19]
No person, while a driver or passenger in a vehicle, shall throw or
deposit 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,
mall 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, mall or other public place mud, dirt, sticky substances,
litter or foreign matter of any kind.
No person shall throw or deposit litter in any park, playground or recreation
area within the township except in public receptacles and in such a manner
that the litter will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street, mall or other public place.
Where public receptacles are not provided, all such litter shall be carried
away from the park, playground or recreation area by the person responsible
for its presence and properly disposed of elsewhere as provided herein.
No person shall throw or deposit litter or any foreign substance in
any fountain, pond, lake, stream, swimming pool or other body of water in
a park, mall or elsewhere within the township.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any private or public 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 such premises in a conspicuous position near the
entrance thereof a sign bearing the words: "no trespassing," "no peddlers
or agents," "no advertisements" or any similar notice indicating in any manner
that the occupants of such premises do not desire to be molested or have their
right of privacy disturbed or to have any such handbills left upon such premises.
A.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon private premises which are inhabited,
except by handling 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 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 regulation.
B.
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 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.
A.
No person shall throw or deposit litter on any occupied
private property within the township, whether owned by such person 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 be prevented from being carried or deposited by the elements upon any
street, sidewalk or other public place or upon any private property.
B.
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 receptacles
for collection.
No person shall throw or deposit litter on any open or vacant private
property within the township, whether owned by such person or not.
[Amended 12-19-1996 by Ord. No. 96-14]
A.
Notice to remove. The Township Clerk or his or her designated
agent is hereby authorized and empowered to notify the owner of any property
within the township or the agent of such owner to properly dispose of litter
located on such owner's property. Such notice shall be by certified mail addressed
to such owner at his or her last known address or may be by personal service
upon the owner or his or her agent.
B.
Action by township upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within ten (10) days after receipt of written notice provided for in Subsection A above or within ten (10) days after the date of such notice in the event the same is returned to the Township Clerk's office because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Township Clerk or his or her designated agent is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the township.
C.
Charge included in tax bill. When the township has effected
the removal of such dangerous litter or has paid for its removal, the actual
cost thereof, plus accrued interest at the rate of eight percent (8%) per
annum from the date of the completion of the work, if not paid by such owner
prior thereto, may be charged to the owner of such property on the next regular
tax bill forwarded to such owner by the township, and such charge shall be
due and payable by such owner at the time of payment of such bill.
D.
Recorded statement constitutes lien. Where the full amount due the township is not paid by such owner within ten (10) days after the disposal of such litter as provided for in Subsections A and B above, then, and in that case, the executive officer shall cause to be recorded in the Tax Collector's office of the township a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which such work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Such costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of eight percent (8%) in the event that the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement, and that the same is due and collectible as provided by law.
[Amended 12-19-1996 by Ord. No. 96-14; 11-10-2004
by Ord. No. 2004-16]
Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a fine in accordance with § 163-1 of the Code of the Township of South Hackensack.
