[HISTORY: Adopted by the Township Committee of the Township of New Hanover 9-13-1988 by Ord. No. 1988-8. Amendments noted where applicable.]
A. 
It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than in a litter receptacle.
B. 
A person shall not throw, dump, deposit or cause to be thrown, dumped or deposited litter on property owned by another person without the permission of the owner or occupant of such property, on any public highway, street or road, upon public parks or recreation areas or upon any other public property, except that property designated for that use.
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 any other 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.
If an object of litter bearing a person's name is discovered on another's property without his permission, on any public highway, street or road, upon public parks or recreation areas or upon any other public property, except that property designated for that use, it shall be prima facie evidence that the person whose name appears on the object threw, dumped or deposited it or caused it to be thrown, dumped or deposited there.
A. 
Evidence against driver of motor vehicle. If the throwing, dumping or depositing of litter was done from a motor vehicle, except a motor bus, it shall be prima facie evidence that the throwing, dumping or depositing was done by the driver of the motor vehicle.
B. 
Reporting litter from motor vehicles.
(1) 
Any person, whether or not such person is a resident of the Township of New Hanover, who shall witness the throwing, dumping or depositing of litter from a motor vehicle onto any public highway, street or road, onto another's property without the owner's permission, onto public park or public recreation lands or onto any other public property, except such as is designated for the throwing, dumping or depositing of litter, may report the date and time of day of the littering and the license plate registration number and state of registration to any state or local law enforcement authority.
(2) 
The license plate registration number, as recorded, shall constitute prima facie evidence that the littering was done by the person to whom such motor vehicle is registered.
(3) 
Any person so reporting a violation shall be required to appear as a witness in any prosecution resulting therefrom.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Prosecution for a violation of §§ 118-2 through 118-4 may be initiated by any peace officer or agent of the Township of New Hanover who witnessed an offense in violation of such sections or who discovered an article bearing a person's name on the property of another or on any public highway, street or road, upon a public park or recreation area or upon any other public property except that designated for that use or by any private citizen who witnessed an offense or discovered incriminating evidence who is willing to make the initial charge and testify for the Township by having a summons issued by the Municipal Court Administrator.
As used in this chapter, the following terms shall have the meanings indicated:
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, newspaper, magazine, 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.
Litter receptacles and their servicing are required at the following public places which exist in the municipality, 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, government buildings and railroad and bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; campgrounds and trailer parks; marinas and 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, parades, 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 vehicle parts, 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 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.
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, of any motor vehicle, trailer or semitrailer which is missing tires, wheels, engine or any essential parts; which displays extensive body damage or deterioration; which does not display a current, valid state license; or which is wrecked, disassembled or partially disassembled.
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such 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 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 frequency as to prevent spillage of refuse.
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 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 of litter. All sweepings shall be collected and properly containerized for disposal.
A. 
Notice to remove. The Township Code Enforcement Officer is hereby authorized and empowered to notify the owner of any open or vacant 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, threatens or is otherwise a nuisance to the public health, safety or welfare. Such notice shall be by regular and certified mail addressed to said owner at his or her address as shown on the Township tax records.
B. 
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to or which threatens or serves as a nuisance to the public health, safety or welfare within 10 days after receipt of written notice provided for in Subsection A above or within 15 days after the date of such notice in the event that the same is returned to the post office because of its inability to take delivery thereof, provided that the same was properly addressed to the address of such owner or agent as set forth on the Township's tax records, the Code Enforcement Officer is hereby authorized and empowered to arrange for the disposal of such litter or to order its disposal by the Township.
C. 
Charge included in tax bill. When the Township has effected the removal of such litter which is dangerous to or threatens or constitutes a nuisance to the public health, safety or welfare or has paid for its removal, the actual costs thereof, plus all costs attendant thereto, plus accrued interest at the lawful rate 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.
D. 
Imposition of lien. Where the full amount due the Township is not paid by such owner within 15 days after the disposal of such litter, as provided for in Subsections A and B above, then the Code Enforcement Officer shall cause to be recorded in the Tax Collector's office of the Township of New Hanover a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall result in the request by the Tax Collector to the Township Committee that it adopt a resolution that the amount constitutes a lien upon the property and shall remain in full force and effect for the amount due in principal and interest plus costs of court, if any, for collection until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further shall constitute a personal debt of the owner to the Township of New Hanover, which personal debt may be enforced via any collection litigation instituted by the Township. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
[Amended 8-11-1992 by Ord. No. 1992-3]
Any person who violates, authorizes a violation or aids, abets or assists in the violation of any provision of this chapter or who owns a building from which a violation of the chapter has occurred or who shall fail to comply with any provision of this chapter shall be subject, upon conviction thereof, to a fine of not more than $1,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days. Each violation is considered a separate offense and is punishable as such.