[HISTORY: Adopted by the Mayor and Council of the Borough of Clementon 9-26-1988 by Ord. No. 88-14. Amendments noted where applicable.]
This chapter shall be known as the "Litter Control Code" and may be referred to in this chapter in the short form as "this code."
It is hereby found and declared that litter and the accumulation thereof is a serious environmental and health problem. Additionally, as a result of the creation and/or maintenance of litter, substantial costs for litter removal have become a significant expense to the Borough of Clementon.
The following terms, wherever used herein or referred to in this code, shall have the respective meanings assigned to them, unless a different meaning clearly appears from the context:
- CONSTRUCTION SITE
- Includes any private or public property upon which repairs to existing buildings, construction of new buildings or demolition of existing structures is taking place.
- Includes any element, whether created by nature or created by humans, which with reasonable foreseeability could carry litter from one place to another. "Elements" shall include but not be limited to air current, rain, water current and animals.
- Includes any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet or any other printed matter or literature which is not delivered by United States Mail, except that "handbill" shall not include a newspaper.
- 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, 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, any waste, which, if deposited within the Borough otherwise than in a litter receptacle, tends to create a danger to public health, safety and welfare or to impair the environment of the people of the municipality.
- LITTER RECEPTACLES
- Includes any container which is designed to receive litter and to prevent the escape of litter deposited therein, which is of such size or sufficient capacity to hold all litter generated between collection periods.
- Includes any public or private park, reservation, playground, beach, recreation center or any public or private area devoted to active or passive recreation or any other area under the supervision of the Department of Parks and Recreation.
- PARKING LOT
- Includes any private or public property with provisions for parking vehicles, to which the public is invited or which the public is permitted to use or which is visible from any public place or private premises.
- PRIVATE PREMISES
- Includes any dwelling house, building or other structure designed to be 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, mailbox or other structure belonging or appurtenant to such dwelling house, building or other structure.
- PUBLIC PLACE
- Includes any and all streets, boulevards, avenues, lanes, alleys or other public ways and parks, squares, plazas, grounds and buildings frequented by the general public, whether publicly or privately owned.
Every owner or occupant or lessee of a house or building used for residence, business or commercial purpose shall maintain litter collection and storage areas in a clean condition and ensure that all litter is properly containerized and placed in litter receptacles.
All litter that is subject to movement by the elements shall be secured by the owner, occupant or lessee of the premises where it is found before the same is allowed to be removed by the elements to adjoining premises or property.
The owner or person in control of any public place, including but not limited to restaurants, shopping centers, fast-food outlets, stores, hotels, motels, industrial establishments, office buildings, apartment buildings, housing projects, gas stations and hospitals and clinics shall at all times keep the premises clean of all litter and shall take measures, including daily cleanup of the premises, to prevent litter from being carried by the elements to adjoining premises. It shall be a violation of this section to abandon, neglect or disregard the condition or appearance of such premises so as to permit it to accumulate litter thereon.
Every person who owns or occupies property of any kind shall keep the sidewalk abutting said property free of litter.
It shall be the duty of the owner or person in control of said business premises to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances and to keep sidewalks, areaways, backyards, courts and alleys free from litter and other offensive materials. No person shall sweep into or deposit into any gutter, street, catch basin or other public area any accumulation of litter.
F. It shall be unlawful for any person to throw, drop, discard or otherwise place any lifter 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 3-22-2005by Ord. No. 2005-14]
Every owner, occupant, tenant or lessee using or occupying any public place shall provide adequate litter receptacles of sizes, numbers and types as required in order to contain all litter generated by persons frequenting the public place. Litter receptacles and their servicing are required at all public places within the Borough of Clementon, including but not limited to sidewalks used by pedestrians in active retail commercially zoned areas, buildings held out for use by the public, including schools, government buildings, railroad and bus stations, parks, restaurants, street vendor locations, self-service refreshment areas, construction sites, gasoline service stations, shopping centers, parking lots, campgrounds and trailer parks, places where boats are moored or utilized and fueling stations.
It shall be unlawful for anyone 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 vehicle parts, rubber tires, appliances, furniture or private property, except by written consent of the owner of said property, except in a place specifically designated for the purpose of solid waste storage or disposal.
In any area zoned residential, it shall be unlawful to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, unless said storage is in a fully enclosed structure, or during the days which have been designated for the collection of bulky items.
In any area zoned residential, it shall be unlawful to store or permit storage of tires, unless said storage is in a fully enclosed structure, or during the days which have been designated for the collection of tires.
Editor's Note: Original § 38A-9, Parking vehicles on lawns, and § 38A-10, Inoperable vehicles, were repealed 3-26-2002 by Ord. No. 2002-01.
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 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 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 open or overflowing waste disposal bins on his or her property.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction thereof before the Municipal Court of the Borough, be subject to a fine not exceeding $500 or imprisonment in the county jail for a term not exceeding 90 days, or both, in the discretion of the Municipal Judge before whom such defendant shall be convicted. A separate offense may be deemed committed on each day during or on which a violation occurs or continues.