[HISTORY: Adopted by the governing body of the Township of Little Falls 12-18-1995 by Ord. No. 753 as Sec. 3-1 of the 1995 Revised General Ordinances; amended in its entirety 12-20-2004 by Ord. No. 952 (see Ch. 1, General Provisions, Art. II). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- 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 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.
- PUBLIC PLACE AND PUBLIC BUILDING
- Every public place or building within the Township which is within the jurisdiction and control of the Township and is or may be in general use by all citizens, and in which all have an equal right of passage at will.
- All putrescible and nonputrescible solid waste (except body waste), including garbage, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial waste.
- Includes highways, roads, avenues, boulevards, courts, public lanes, alleys, sidewalks, foot paths and all other public highways for vehicular or pedestrian travel.
- 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 upon stationary rails or tracks.
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 Township 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.
Litter receptacles and their servicing are required at the following public places which exist in the Township of Little Falls, 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; campgrounds and trailer parks; marinas, boat moorage and fueling stations; boat 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, 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.
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 vehicle to be driven, moved stopped or parked within the Township, 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; nor shall any person drive or move any vehicle or truck within the Township, the wheels or tires of which carry onto or deposit on any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind. 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.
No person while a driver or passenger in a vehicle shall throw or deposit litter upon any street or other public place within the Township or upon private property.
No person shall throw or deposit litter in any fountains, pond, stream or any other body of water within the Township.
No person shall throw or deposit litter on any open or vacant property within the Township, whether owned by such person or not.
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.
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.
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 of sweeping ashes, garbage, rubbish, snow, ice or other refuse material.
No person shall cast or place or cause to be cast or placed any advertisement, handbill, circular or paper on any public street, on sidewalks, into any vestibules or yards, upon porches of any dwelling house or other buildings, or into any vehicle while on the public highways or on private property within the Township, except that this section shall not apply to newspapers and addressed envelopes delivered to subscribers and addresses. Advertisements, handbills, circulars and papers may be distributed in the Township, provided that they are securely placed at each dwelling so as not to be blown away by the wind.
No person or persons shall attach to or place on utility poles, sign poles, or trees any sign, posters, boards, etc., on any public street, property or building. Signs authorized by the utility company and the Township are exempt. Persons who place signs on poles and/or trees that are removed by the Public Works Department shall fined $5 per sign removed for each and every sign in addition to any penalty imposed under this chapter.
In addition to the Police Department, the Building Department, Superintendent of Public Works and the Health Department shall be empowered to enforce provisions of this chapter.
Any person, firm, corporation or other entity convicted of a violation of this chapter or any section thereof shall be punished as provided in Chapter 1, General Provisions, Article I. The fine maybe suspended at the discretion of the court. In addition, any person, firm, corporation or other entity convicted of a violation of this chapter shall pay all expenses incurred for the removal of said litter. The Township Department of Public Works may, with or without notice, undertake said removal. The Superintendent of the Township Department of Public Works shall then provide an account of the expenses incurred in said removal to be used in the prosecution of violations under this chapter.
Each day that litter thrown or deposited in violation of this chapter remains at the location of the violation after notice has been given to the violator to remove the same shall constitute a separate violation. Separate violations shall continue for each day the violator fails to remove the litter in an appropriate manner.
The provisions of this chapter shall be read together with N.J.S.A. 13:1E-99.3.