[HISTORY: Adopted by the Township Council of the Township of Brick
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch.
225.
Property maintenance — See Ch.
331.
Solid waste — See Ch.
390.
[Adopted 12-15-1970 by Ord. No. 93-70
(Ch. 195 of the 1989 Code); amended in its entirety 9-13-1988
by Ord. No. 30-F-88]
From and after the effective date of this article, the following regulations
shall regulate littering in the Township of Brick.
As used in this article, the following terms shall have the meanings
indicated:
LITTERING
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 material, any garbage, trash, refuse, debris, rubbish,
grass clippings, leaves 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 primary processes of mining or
other extraction processes, logging, sawmilling, farming or manufacturing.
It shall be unlawful for any person to throw, drop, discard or otherwise
place litter of any nature upon public or private property other than in a
litter receptacle or structure or container designated for the collection
of the particular item.
The use of litter receptacles shall be required at the following public
places which exist in the municipality. The proprietor of these places or
sponsors of these events shall be responsible for providing and servicing
the receptacles such that adequate containerization is available.
A. Buildings held out for use by the public, including schools,
government buildings and railroad and bus stations.
B. Sidewalks used by pedestrians in active retail commercially
zones areas, such that, at a minimum, there shall be no single linear quarter
mile without a receptacle.
C. All parks, beaches and bathing areas.
D. All drive-in restaurants.
E. All street vendor locations.
F. All self-service refreshment areas.
I. All gasoline service station islands.
J. All campgrounds and trailer parks.
K. All marinas, boat moorage and fueling stations, all boat
launching stations and all public and private piers operated for public use.
L. All special events to which the public is invited, including
sporting events, parades, carnivals, circuses, barbecues and festivals.
It shall be unlawful for any person to discard or dump along the street
or road, on or off any right-of-way, any household or commercial solid waste,
rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances,
furniture or private 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 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.
It shall be unlawful for any residential property owner to park or permit
the parking of any vehicle on his or her residential lawn.
It shall be unlawful for any person to keep or permit the keeping on
streets, vacant lots and residential lawns, except in a fully enclosed structure,
any motor vehicle, trailer or semitrailer which:
A. Is missing tires, wheels, engine or any essential parts.
B. Displays extensive body damage or deterioration.
C. Does not display a current, valid state license plate.
D. Is wrecked, disassembled or partially disassembled.
It shall be unlawful for any vehicle to be driven, move, 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 owner, agent or contractor in charge of
a construction or demolition site to permit the accumulation of litter before,
during or after the 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
or 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 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 litter or 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 from litter. All sweepings shall be collected and properly containerized
for disposal.
A. Any person, firm, corporation or association violating the terms of this article, whether as principal, agent or employee of another, shall be subject to the penalties as provided in Chapter
1, §
1-15, General penalty. If the violation is of a continuing nature, each and every day during which it continues constitutes a separate and distinct offense.
B. To provide visible public cleanups as an alternative
to the fines identified herein, any person, firm, corporation or association
found to be in violation of this article may, at the discretion of the local
judicial system, opt to participate in any alternative sentencing program
through participating in a community service program designed for local public
property cleanup. The nature and duration of this participation will be equivalent
to the severity of the fine levied by the courts.
[Adopted 11-29-2005 by Ord. No. 1162-05]
The purpose of this article is to establish requirements to control
littering in the Township of Brick, so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
For the purpose of this article, the following terms, phrases, words
and their derivations shall have the meanings stated herein unless their use
in the text of this article 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.
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, but does
not include the waste of the primary processes of mining or other extraction
processes, logging, sawmilling, farming or manufacturing.
PERSON
Any individual, corporation, company, partnership, firm, association,
or political subdivision of this state subject to municipal jurisdiction.
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.
Whenever any litter is thrown or discarded or allowed to fall from a
vehicle or boat in violation of this article, the operator or owner, or both,
of the motor vehicle or boat shall also be deemed to have violated this article.
This article shall be enforced by the Brick Township Police Department
or the Code Enforcement Officer.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to the penalties as provided in Chapter
1, §
1-15, General penalty.