[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham 11-4-1974
as Ch. 67 of the 1974 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Mendham Borough
Anti-Litter Ordinance."
A.
Word usage. 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.
B.
BOROUGH
GARBAGE
LITTER
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
Terms defined. For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meanings given
herein:
The Borough of Mendham.
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.
A park, reservation, playground, beach, recreation center or any
other public area in the borough, owned or used by the borough 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, public or semipublic parking lots,
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 construction and industrial wastes.
Nonputrescible solid waste 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, except contained
compost heaps utilized for gardening purposes.
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.
No person shall throw or deposit litter in or upon any street, sidewalk
or other public place within the borough except in public receptacles, in
private receptacles for collection or in the official borough dump.
Persons placing litter in public receptacles or in 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.
[Amended 5-2-2005 by Ord. No. 12-05]
A.
Purpose. The purpose of this section is to prohibit the
spilling, dumping or disposal of materials other than stormwater to the municipal
separate storm sewer system operated by the Borough of Mendham so as to protect
public health, safety and welfare and to prescribe penalties for the failure
to comply.
B.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORMWATER
Definitions. For the purpose of this section, the following
terms, phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section 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 conveyance or system of conveyances (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels or storm drains) and is designed and used for collecting and conveying
stormwater.
Any individual, corporation, company, partnership, firm, association
or political subdivision of this state subject to municipal jurisdiction.
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.
C.
Prohibited conduct. No person shall spill, dump or dispose
of materials other than stormwater to the municipal separate storm sewer system;
or spill, dump or dispose of materials other than stormwater in such a manner
as to cause the discharge of pollutants to the municipal separate storm sewer
system.
D.
Exceptions. The following are exceptions to this section:
(1)
Water fine flushing and discharges from potable water
sources.
(2)
Uncontaminated groundwater (e.g., infiltration, crawl
space or basement sump pumps, foundation or footing drains, rising ground
waters).
(3)
Air-conditioning condensate (excluding contact and noncontact
cooling water).
(4)
Irrigation water (including landscape and lawn watering
runoff).
(5)
Flows from springs, riparian habitats and wetlands, water
reservoir discharges and diverted stream flows.
(6)
Residential car washing water and residential swimming
pool discharges.
(7)
Sidewalk, driveway and street wash water.
(8)
Flows from fire-fighting activities.
(9)
Flows from rinsing of the following equipment with clean
water:
(a)
Beach maintenance equipment immediately following their
use for their intended purposes; and
(b)
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 properly 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.
No person owning or occupying a place of business shall sweep into or
deposit in any gutter, street or other public place within the borough the
accumulation of litter from any public or private sidewalk, parking lot or
driveway. Persons owning or occupying places of business within the borough
shall keep 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
litter upon any street or other public place within the borough or upon private
property.
No person shall drive or move any truck or other vehicle within the
borough 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 or upon private property; nor shall any person drive
or move any vehicle or truck within the borough the wheels or tires of which
carry onto or deposit in any street, alley or other public place or private
property mud, dirt, sticky substances, litter or foreign matter of any kind.
No person shall throw or deposit litter in any park within the borough
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 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 fountain, pond, lake,
stream, bay or any other body of water in a park or elsewhere within the borough.
No person shall throw or deposit litter on any private property within
the borough, whether owned by such person or not, except that the owner or
person in control of private property may maintain 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 private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private
property within the borough, whether owned by such person or not.
A.
Notice to remove. The Superintendent of Public Works
is hereby authorized and empowered to notify the owner of any open or vacant
private property within the borough or the agent of such owner to properly
dispose of litter located on such owner's property which is dangerous
to public health, safety or welfare. Such notice shall be by registered mail,
addressed to said owner at the address shown on the records of the Borough
Tax Assessor.
B.
Action 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 10 days after receipt of written notice provided for in Subsection A above, or within 10 days after the date of such notice in the event that the same is returned to the Borough Post Office Department 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 Superintendent of Public Works is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the borough.
C.
Charge included in tax bill. When the borough has effected
the removal of such dangerous litter or has paid for its removal, the actual
cost thereof, plus accrued interest at the rate set annually for delinquent
taxes by the Borough Council from the date of the completion of the work,
if not paid by said owner prior thereto, shall be charged to the owner of
such property on the next regular tax bill forwarded to such owner by the
borough, and said charge shall be due and payable by said owner at the time
of payment of such bill.
D.
Recorded statement constitutes lien. Where the full amount due the borough is not paid by such owner within 60 days after the disposal of such litter, as provided for in Subsections A and B above, then, and in that case, the Superintendent of Public Works shall cause to be recorded in the office of the Borough Clerk 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 said work was done. The recording 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. Said 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 8% in the event that the same is not paid in full on or before the date the tax bill upon which said 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 6-7-1999 by Ord. No. 15-99; 5-2-2005
by Ord. No. 12-05]
A.
Enforcement. All police officers of the Borough, the Department
of Public Works Superintendent or his/her duly authorized designee and the
Zoning Officer or his/her duly authorized designee are hereby given full power
and authority and are charged with the duty to enforce all provisions of this
chapter.
