[HISTORY: Adopted by the City Council of the City of Cape May as
Sec. 3-1 of the 1997 Revised General Ordinances. Amendments noted where applicable.]
[Amended by Ord. No. 848-90; Ord. No. 1047-95]
As used in this chapter, the following terms shall have the meanings
indicated:
Putrescible animal and vegetable waste 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, any unlighted cigarette, cigar, match
or any flaming or glowing materials 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.
A container suitable for the depositing of litter.
All streets, sidewalks, boulevards, alleys, beaches or other public
ways, and all public parks, squares, spaces, docks, grounds and buildings.
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.
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.
Any litter, garbage, refuse, rubbish, recyclable or other material
which is stored, intended or placed for disposal.
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 and 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 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 while a driver or passenger in a vehicle shall throw or deposit
litter in or upon any public or private property.
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.
[Amended by Ord. No. 474]
Advertisements, handbills, circulars and papers may be distributed in
the City only as follows: by placing the papers securely at a dwelling or
other building in such manner that they will not be blown away; by handing
the papers personally to an individual in a public place, the individual having
first affirmatively indicated a willingness to receive the distribution of
same. No other method of distribution shall be permitted, and such distribution
as is herein permitted shall only be between the hours of 9:00 a.m. and 9:00
p.m. prevailing time. No one shall be permitted to create a nuisance or disturbance
either in distributing or receiving distribution of these items, by blocking
vehicular or pedestrian traffic, by discarding the item distributed in such
manner as to litter or deface public or private property or otherwise.
[Amended by Ord. No. 848-90]
Litter receptacles and their servicing are required at the following
public places which exist in the City, including:
A.
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;
B.
Buildings held out for use by the public, including schools,
government buildings and railroad and bus stations;
C.
Parks;
D.
Drive-in restaurants;
E.
All street vendor locations;
F.
Self-service refreshment areas;
G.
Construction sites;
H.
Gasoline service station islands;
I.
Shopping centers;
J.
Parking lots;
K.
Marinas, boat moorage and fueling stations;
L.
Boat launching areas;
M.
Public and private piers operated for public use;
N.
Beaches and bathing areas; and
O.
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.
[Amended by Ord. No. 1047-95]
When necessary and expedient for the preservation of the public health,
safety or general welfare, any solid waste that is accessible to and likely
to be strewn about by animals such as but not limited to dogs, cats, raccoons,
birds or rodents shall be placed in receptacles which prevent such access
by animals.
