[HISTORY: Adopted by the Township Committee of the Township of Hampton 7-26-1988.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 70, Littering, adopted 8-9-1966, as amended.
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. 
Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
CONSTRUCTION DUMPSTER
A roll-off waste container transported to and from the place of use by trucks or trailers and positioned at a site for the collection and eventual disposal of construction waste.
[Added 8-27-2019 by Ord. No. 2019-08]
CONTAINERIZED
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.
[Added 11-28-2023 by Ord. No. 2023-22]
GARBAGE
Putrescible animal or vegetable waste resulting from the handling, preparation, cooking or consumption of food.
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, newspaper, 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, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
A container for the depositing of litter, whether it be a metal or plastic can or drum, with or without a plastic liner which shall be emptied or serviced regularly by a proprietor, owner, lessee, tenant, sponsor, occupant or person in charge of any dwelling, business or activity. Plastic or paper bags not placed in a "litter receptacle" as defined herein shall not be deemed to meet the requirement of this chapter.
PERSON
Any individual, corporation, company, partnership, firm, association, organization or a political subdivision of this state subject to municipal jurisdiction.
[Amended 11-28-2023 by Ord. No. 2023-22]
PRIVATE PREMISES
Any dwelling house, building or other structure designed or used, whether wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, ground, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling house, building or structure.
PUBLIC PLACE
Any street, sidewalk, alley or other public way, and any and all public parks, squares, spaces, grounds and buildings.
PUBLIC STRUCTURE OR BUILDING
Any structure or building owned or operated by the federal, county or state government or any governmental agency.
REFUSE
All putrescible solid waste, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, dismantled automobiles and parts thereof, scrap metal, junk, machinery and solid market and industrial wastes.
RESIDENTIAL PROPERTY
A tax lot which is or includes a private premises.
[Added 8-27-2019 by Ord. No. 2019-08]
RUBBISH
Nonputrescible solid wastes consisting of both combustible wastes, such as but not limited to paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, grass, bedding, crockery, building materials and other similar materials.
YARD WASTE
Leaves and grass clippings.
[Added 11-28-2023 by Ord. No. 2023-22]
[Amended 11-28-2023 by Ord. No. 2023-22]
A. 
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter 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, deposited, 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 chapter.
C. 
Containerized yard waste is not subject to this section.
D. 
If two or more items containing identified information revealing the identity of a person or entity, including, but not limited to, envelopes and address labels, are obtained from the litter, there shall be a rebuttable presumption that the person or entity so identified by said items is the person or entity in violation of this section.
[Amended 11-28-2023 by Ord. No. 2023-22]
A. 
Containerized yard waste shall be placed only at the curb or along the street, shall only be allowed during the seven days' prior to a scheduled and announced yard waste collection and shall not be placed closer than 10 feet from any storm drain inlet.
B. 
If noncontainerized yard waste is placed in a street, or if containerized yard waste is placed in a street more than seven days before a scheduled and announced yard waste collection, or if containerized yard waste is placed closer than 10 feet from any storm drain inlet, the person who generates or is responsible for placement of yard waste must immediately remove the yard waste from the street.
C. 
The owner or occupant of any property, and 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 in the street, unless the yard waste is containerized, subject to the prohibitions set forth in Subsections A and B of this section.
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including: sidewalks used by pedestrians in active retail commercially zoned areas, such that a minimum there shall be no single linear quarter-mile without a receptacle; buildings held out for use by the public, including schools, government 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; campground and trailer parks; marinas, boat moorage and fueling stations; boat and launching areas; public and private piers operated for public use; beaches and bathing areas; and 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 such that adequate containerization is available.
[Amended 11-28-2023 by Ord. No. 2023-22]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
IMMEDIATE
The pet solid waste is removed at once, without delay.
OWNER/KEEPER
Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
PET
A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.
B. 
Requirement for disposal. All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.
C. 
Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street, road or other public place within the Township; nor shall any person hand out or distribute or sell any commercial handbills in any public place; provided, however, that it shall not be unlawful on any sidewalk, street, road or other public place within the Township for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such a vehicle is constructed or loaded to prevent any of its load 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 therefor.
It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, in areas zoned residential, except in a fully enclosed structure or during days designated for the collection of bulky items.
It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential, except in a fully enclosed structure or on days designated for the collection of tires.
[Added 8-27-2019 by Ord. No. 2019-08]
A. 
No construction dumpster shall be located within 15 feet of an abutting residential property unless an adult owner or resident of the abutting residential property agrees to such and signs an authorization form which shall be submitted with the permit application for the construction dumpster.
B. 
No construction dumpster shall be located on a public street or within five feet thereof unless a permit is obtained from the Township Construction Department. A construction dumpster shall not be placed on a public street or within five feet thereof if on-street parking for vehicles is not allowed at that location. A construction dumpster permitted to be placed on the public street shall be located directly in front of or on the side of the property address utilizing the construction dumpster and shall:
(1) 
Not be more than 18 inches from the curb;
(2) 
Not obstruct driveways of abutting properties;
(3) 
Not obstruct traffic;
(4) 
Be protected at both ends by a barricade, which after sunset shall have a flashing yellow light attached to it; and
(5) 
Have a reflector or reflective area of not less than 36 square inches at each end.
C. 
Time limitation. A construction dumpster and any replacement construction dumpster placed under this section and not in a public street or within five feet thereof may not be so placed for more than a total of 30 days in any six-month period. A construction dumpster and any replacement construction dumpster placed upon a public street or within five feet thereof may not be so placed for more than a total of 14 days in any six-month period. Extensions of the foregoing time limitations may be granted by the Township Construction Officer on written request by the permittee if deemed necessary for completion of the project for which the construction dumpster is being used.
D. 
Sanitation. The following requirements shall be maintained while the construction dumpster is on or at a site:
(1) 
The area around the construction dumpster shall be kept free of debris and litter;
(2) 
Any construction dumpster into which animal or vegetable waste or material has been dumped or deposited shall be removed or emptied within 24 hours;
(3) 
Any construction dumpster producing or causing noxious, foul or offensive odors shall be immediately removed or cleaned to eliminate the odor;
(4) 
A full construction dumpster shall be removed from the site and emptied within two days after becoming full; and
(5) 
The construction dumpster must be covered at night and when not in active use.
E. 
Usage. A construction dumpster shall only be used to contain and remove debris and material generated at the location where the construction dumpster is placed.
F. 
Identification. The name and telephone number of the owner of the construction dumpster and/or the company that is responsible for the construction dumpster shall be displayed in a weatherproof manner on the construction dumpster.
G. 
Permit required. A permit shall be required for a construction dumpster. The permit shall be obtained from the Township Construction Department after paying the required fee of $25. The permit shall be displayed in a weatherproof manner on the construction dumpster.
H. 
Abatement. In addition to other applicable remedies, procedures and penalties, any construction dumpster not in compliance with this section is hereby declared to be a public nuisance and may be abated by the Township at the owner's or responsible person's expense. Abatement shall, at the Township's option, include the removal and/or the emptying of the construction dumpster.
[1]
Editor's Note: Former § 70-10, Inoperable vehicles; parts of vehicles, was repealed 9-24-2013 by Ord. No. 2013-05.
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 frequency as to prevent spillage of refuse.
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins 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 the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind and to keep sidewalks, areaways, backyards, courts and alleyways 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. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free of litter. All sweepings shall be collected and properly containerized for disposal.
[Amended 10-27-1992; 11-28-2023 by Ord. No. 2023-22]
This chapter shall be administered and enforced by the Health Officer, Township Recycling Coordinator and/or the Code Enforcement Officer.
[Amended 11-28-2023 by Ord. No. 2023-22]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than $2,000 or may be imprisoned in the county jail for a term not to exceed 90 days, or both. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.