[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:
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.
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.
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.
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.
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
Every person who owns or occupies property of any kind
shall keep the sidewalk abutting said property free of litter.
E.Â
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.Â
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.[1]
[1]
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.
