[Adopted 5-13-1968 by Ord. No. 4-4
(Ch. 96 of the 1975 Code); amended in its entirety 4-25-2005 by Ord. No. 05-09]
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.
[Added 6-13-2005 by Ord. No. 05-21]
LITTER
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
or unused machinery, machine, appliance, equipment or parts thereof.
LITTER RECEPTACLE
A container suitable for the depositing of litter which is so designed
to contain litter in the receptacle from the effects of the weather and which
is of sufficient size to contain all litter deposited therein between normal
periodic servicing.
PERSON
Any individual, corporation, company, partnership, firm, association
or political subdivision of this state subject to municipal jurisdiction.
[Added 6-13-2005 by Ord. No. 05-21]
PUBLIC BUILDING, PUBLIC PLACE or PUBLIC PROPERTY
Every public place or building within the Borough, which is within
the jurisdiction and control of the Borough and is or may be in general use
by all citizens, and in which all have an equal right of passage at will,
including but not limited to all streets, sidewalks, boulevards, alleys, beaches
or other public ways, and all public parks, squares, spaces, grounds and buildings.
[Amended 6-13-2005 by Ord. No. 05-21]
REFUSE
All putrescible and nonputrescible solid waste (except body waste),
including garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles and solid market and industrial waste.
[Added 6-13-2005 by Ord. No. 05-21]
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.
[Added 6-13-2005 by Ord. No. 05-21]
STREET
Includes highways, roads, avenues, boulevards, courts, public lanes,
alleys, sidewalks, footpaths and all other public highways for vehicular or
pedestrian travel.
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.
[Added 6-13-2005 by Ord. No. 05-21]
A. No person shall throw, drop, discard, or otherwise put or place,
or cause to be thrown, put or placed, into, upon or within any street, public
place, parking lot or public building, litter of any nature or any substance,
matter or thing whatsoever whereby the safe, free or unobstructed use of the
same by the public may be in any way impeded or interfered with, or whereby
the same may be detrimental to the health, safety or welfare of the public.
Nothing in this section shall prohibit the deposit of any such material in
any public or private receptacles approved by the Borough for such purpose.
Nothing contained in this section shall be construed to prohibit construction,
repair or maintenance equipment, materials or machinery from being utilized
on such street, public place, parking lot or public building.
B. 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.
[Added 6-13-2005 by Ord. No. 05-21]
C. Whenever any litter is thrown or discarded or allowed to fall
from a vehicle in violation of this article, the person who is the operator
or owner, or both, of the motor vehicle shall also be deemed to have violated
this article.
[Added 6-13-2005 by Ord. No. 05-21]
Litter receptacles and their servicing are required at the following
public places which exist in the Borough of Chatham, including 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; buildings
held out for use by the public, including schools, governmental buildings,
and railroad and bus stations; parks, drive-in restaurants; all street vendor
locations; self-service refreshment areas; construction sites; gasoline service
stations islands; shopping centers; parking lots; and public recreational
bathing facilities and at special events to which the public is invited, including
sporting events, carnivals, and festivals. The proprietors of these places
or the sponsors of these events shall be responsible for providing and serving
the receptacles such that adequate containerization is available.
It shall be unlawful for any person to discard or dump along any street
or road, on or off any right-of-way, any household or commercial solid waste,
rubbish, refuse, junk vehicle or parts thereof, rubber tires, appliances,
furniture, or private property, except by written consent of the owner of
said property, in any place not specifically designated for the purpose of
solid waste storage or disposal.
It shall be unlawful for any residential property owner to store or
permit storage of any household waste, including household appliances, furniture,
and mattresses, in areas zoned residential, except; in a fully enclosed structure,
during days designated for the collection of bulky items, or away from public
view such that the storage of such items is in such a manner so as not to
constitute a threat to the public health, safety and welfare.
It shall be unlawful for any residential property owner to open store
or permit the open storage of tires in areas zoned residential, unless such
tire or tires are stored in such a manner that there does not exist the potential
for the breeding of mosquitoes.
It shall be unlawful for any vehicle to be driven, moved stopped or
parked within the Borough on any highway, street, alley or other public place,
unless such vehicle is constructed or loaded to prevent any of its contents
from dropping, sifting, leaking or otherwise escaping therefrom. Any person
operating a vehicle from which any glass or objects have fallen or escaped
which could cause an obstruction, damage a vehicle, or otherwise endanger
travelers or public property, shall immediately cause the public property
to be cleaned of all glass or objects and shall pay the costs thereof.
It shall be unlawful for any owner, agent, or contractor in charge of
a construction or demolition site to permit the accumulation of litter before,
during, or after completion of any construction or demolition project. It
shall be the duty of the owner, agent, or contractor in charge of a construction
site to furnish containers adequate to accommodate flyable or nonflyable debris
or trash at areas convenient to construction areas, and to maintain and empty
the receptacles in such a manner and with such a frequency as to prevent spillage
of refuse.
It shall be unlawful for any residential or commercial property owner
to permit or maintain open or overflowing solid waste containers on his or
her property.
It shall be the duty of the owner, lessee, tenant, occupant or person
in charge of any structure to keep and cause to be kept sidewalks, alleyways,
backyards, courts and alleys free from litter and other offensive material.
No person shall sweep into or deposit in any gutter, street, catch basin or
other public place any accumulation of litter from any public or private sidewalk
or driveway. All sweepings shall be collected and properly containerized for
disposal.
A. It shall be unlawful for any person to keep or permit
the keeping on streets, vacant lots, residential lawns or on any premises
located within the Borough except within a fully enclosed structure, any motor
vehicle, trailer or semitrailer which is:
(1) Wholly unfit without rebuilding or reconditioning for
use for highway transportation; or
(2) Which has been discarded for use as a motor vehicle,
trailer or semitrailer; or
(3) Which does not display a current valid state license;
or
(4) Which is wrecked, disassembled or partially disassembled.
B. This section shall not apply if it is proven by the owner
that the vehicle in question is being actively reconditioned, provided that:
(1) Only one vehicle may be reconditioned outside of an enclosed
structure at any given time on property; and
(2) Vehicle body parts and equipment necessary for the reconditioning
of said vehicle are stored in an enclosed structure; and
(3) The reconditioning is performed in such a manner so as
not to create an eyesore or public nuisance; and
(4) The vehicle is covered at all times when it is not being
reconditioned.
No person shall prevent or interfere with any employee of the Department
of Public Works or any municipally authorized person in the sweeping or cleaning
of any street or in the removal or sweeping of ashes, garbage, rubbish, snow,
ice or other refuse material.
A. It shall be unlawful for any firm or corporation to cause
the delivery or deposit of any unsolicited newspapers, shoppers, circulars,
leaflets, flyers and other like printed matter including any personal property
to or upon private premises within the Borough of Chatham except in accordance
with the terms hereof. For the purposes of this section, "unsolicited" shall
mean the printed matter or other personal property referred to that has not
been ordered, subscribed to or requested by the recipient.
B. The delivery of any personal property, other than pursuant
to the regulations set forth for printed material, on private property is
prohibited.
C. There shall be no intentional delivery whatsoever of
any such unsolicited printed matter to premises after the owner or tenant
of said premises has notified the publisher or the delivery person, by certified
mail, return receipt requested, at the address so indicated, that such delivery
shall cease or be suspended for a stated period of time.
D. 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.
[Amended 5-12-1975 by Ord. No. 5-75; 5-9-1988
by Ord. No. 13-88]
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable as provided in Chapter
1, §
1-14. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Added 6-13-2005 by Ord. No. 05-21]
The Chief of Police or his designee of the Borough of Chatham shall
be responsible for the enforcement of this article.