[HISTORY: Adopted by the Township Council of the Township of Maple Shade 10-1-1975 as Ch. 77 of the 1975 Code. Amendments noted where applicable.]
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.
As used in this chapter, the following words shall have the meanings indicated:
- Any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.
- AUTHORIZED PRIVATE RECEPTACLE
- A container which is owned or maintained by anyone other than a governmental agency, authority, body or officer for the purpose of storing garbage or litter for collection, and which is durable, rust-resisting, nonabsorbent, watertight, easily washable, equipped with handles and not in excess of 30 gallons in capacity, and which has a cover thereupon which is sufficiently tight-fitting or affixed to such receptacle so as to adequately prevent the contents of such receptacle from escaping therefrom in such a manner as to become deposited, strewn or blown by the elements onto public or private property.
- COMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature:
- (1) Which advertises for sale any merchandise, product, commodity or thing; or
- (2) Which directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales; or
- (3) Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license where such license is or may be required by any law of this state or under any ordinance of this township; or
- (4) Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
- Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Garbage, refuse and rubbish, as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
- Any newspaper of general circulation, as defined by general law, and any newspaper duly entered with the United States Postal Service in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, includes any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
- NONCOMMERCIAL HANDBILL
- Any printed or written matter, any sample, device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of commercial handbill and newspaper.
- A park, reservation, playground, recreation center or any other public area in the township owned or used by the township and devoted to active or passive recreation.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings.
- All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
- The Township of Maple Shade.
- 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 or deposit litter in or upon any street, sidewalk, park or other public place within the township, except in public receptacles or in authorized private receptacles for collection or in official township dumps.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
No person shall sweep into or deposit in any gutter, street or other public place within the township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the township shall keep the sidewalk in front of their business premises free of litter.
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 drive or move any truck or other vehicle within the township unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
No person shall throw or deposit litter in any park within the township except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
No person shall throw or deposit litter in any fountain, pond, stream or any other body of water in a park or elsewhere within the township.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the township, nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the township for any person to hand out or distribute, without charge to the receiver thereof, any such handbill to any person willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
No person shall throw or deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisement" or any similar notice indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises.
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in the case of inhabited private premises which are not posted as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drafted about such premises or sidewalks, streets or other public places, except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
The provisions of this section shall not apply to the distribution of mail by the United States Postal Service nor newspapers, as defined herein, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
No person in an aircraft shall throw out, drop or deposit within the township any litter, handbill or any other object.
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.
No person shall throw or deposit litter on any occupied private property within the township, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property within the township, whether owned by such person or not.
[Added 4-5-1989 by Ord. No. 1989-4]
Litter receptacles shall be placed by the municipality in and along sidewalks used by pedestrians in the active commercially zoned areas, i.e., Main Street, every linear quarter mile.
A minimum of one litter receptacle shall be placed by the owners of drive-in restaurants, self-service refreshment areas and construction sites on the premises, with one litter receptacle per island at gasoline service stations and one receptacle every 200 feet at shopping centers.
The proprietors or sponsors of special events to which the public is invited, such as sporting events, parades, carnivals, circuses and festivals, shall place a minimum of five litter receptacles in the areas where the event is to be held.
Appliances, furniture or mattresses or any other bulky household items are hereby prohibited from being stored in areas zoned residential except during days designated for the collection of bulky items.
Storage of tires in areas zoned residential is hereby prohibited.
The parking of vehicles on any front, side or rear yards/lawns that abut a street or road of the Township of Maple Shade is hereby prohibited.
[Amended 11-8-1995 by Ord. No. 1995-17; 4-3-1996 by Ord. No. 1996-6; 8-4-2004 by Ord. No. 2004-8]
The keeping of inoperable or unregistered vehicles on any streets, vacant lots or lawns is hereby prohibited.
[Amended 4-18-2001 by Ord. No. 2001-5; 8-4-2004 by Ord. No. 2004-8]
The covering of vehicles shall be required to prevent loads from dropping, sifting, leaking or otherwise escaping on to the streets.
The accumulation of debris on or around construction sites, or its storage in such a manner that it is likely to be removed by natural forces onto adjacent property is hereby prohibited.
Every owner, lessee, tenant, occupant or person in charge of any building or structure is required to keep and cause to be kept the sidewalk and curb abutting said building or structure free from obstruction and nuisances of every kind, and to keep said sidewalks, areaways, backyards, courts and alleys free from litter.
Notice to remove. The Township Manager is hereby authorized and empowered to notify the owner of any open or vacant private property within the township, or the agent of such owner, to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail, addressed to said owner at his or her last known address.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of the written notice provided for in Subsection A above, or within 15 days after the date of such notice in the event the same is returned to the post office because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Township Manager is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the township.
Charge included in tax bill. When the township has effected the removal of such dangerous litter or has paid for its removal, the actual costs thereof plus accrued interest at the rate of 8% per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the township, and said charge shall be due and payable by said owner at the time of payment of such bill.