Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of Franklin Lakes, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 2-14-1990 by Ord. No. 893 as Sec. 3-1 of the 1988 Code]
As used in this article, the following terms shall have the meanings indicated:
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 copy of any matter of literature which:
A. 
Advertises for sale any merchandise, product, commodity or thing.
B. 
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.
C. 
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.
D. 
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.
COMMERCIAL PLACES
Any store or building, or group thereof, including shopping centers, shopping plazas and other similar places wherein mercantile activities and services are offered to the public, and shall include all parking areas serving such places.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse and rubbish, as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to cause a danger to public health, safety and welfare or creates unsightliness.
NEWSPAPER
Any newspaper of general circulation as defined by law and any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute and recorded with any recording officer, as provided by law. In addition thereto, "newspaper" shall mean and include 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 or 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 a commercial handbill or newspaper.
PARK
A park, reservation, playground, beach, recreation center or any other public area in the Borough owned or used by the Borough and devoted to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES or PRIVATE PROPERTY
Any house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited, temporarily or continuously uninhabited or vacant, and shall include 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.
REFUSE
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.
RUBBISH
Both combustible and noncombustible wastes, such as yard clippings, leaves, wood, glass, bedding, crockery, construction materials, appliances, toys, tools, soil and other fill when combined with other rubbish and any and all other similar materials.
VEHICLE
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 public place within the Borough except in public receptacles or in private receptacles for collection.
No person shall sweep into or deposit in any gutter, street or other public place within the Borough the accumulation of litter from any building or litter from any public sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any public place, commercial place or private premises.
No person shall drive or move any truck or other vehicle within the Borough unless such vehicle is so constructed or located 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 Borough except in public receptacles. 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 pond, lake, stream, river or any other body of water in the Borough.
[Added by Ord. No. 1139; amended 11-10-2010 by Ord. No. 1502]
A. 
All trash and receptacles containing trash to be picked up by the municipal scavenger from residential properties shall be placed at the curb no earlier than 3:00 p.m. the day next preceding the collection date for such material. Residents are encouraged to place trash at the curb on the morning that the trash is being collected, but no later than 6:00 a.m., as curbside garbage left overnight attracts bears and other wild animals. Trash which is not picked up, for whatever reason, and receptacles shall be removed from the front of the residential premises no later than 7:00 p.m. on collection days.
B. 
Any litter or debris which falls out of trash receptacles or is caused by the process of removing trash from in front of residential properties shall also be removed from in front of residential properties no later than 7:00 p.m. on collection days.
No person shall throw or deposit litter on any occupied private property or commercial place within the Borough whether owned by such person or not, except that the owner or person in control of such private property or commercial place 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. This shall not limit or prevent the use and maintenance of compost piles on residential property.
Each owner or person in control of any commercial place, including shopping centers and delivery and parking areas thereat, shall keep these places, parking areas, delivery areas and other open areas, which are a part of such commercial place, free from litter.
No person shall throw or deposit litter on any open or vacant private property within the Borough whether owned by such person or not.
The violation of any provision of this article shall be punishable by a fine of not more than $1,000 per cubic yard of litter. As a condition to sentencing, the court may impose a requirement that the litter be removed and/or charge the violator with the cost of the removal. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as described herein. Imprisonment, in addition to or in lieu of a fine, may also be imposed, not to exceed 10 days for each violation.