[HISTORY: Adopted by the Township Committee of the Township of Waterford 12-12-1990 as Ord. No. 90-22. Amendments noted where applicable.]
Solid waste — See Ch. 235.
This chapter shall be known as the "Litter Control Ordinance."
The following terms, phrases, words and their derivations shall have the meanings given herein unless their use in the text clearly demonstrates a different meaning:
- COMMERCIAL HANDBILL
- Includes any handbill which:
- A. Advertises for sale or promotional gifts or prizes any merchandise, product, commodity or thing.
- B. Directs attention to any business or other activity for the purpose of either directly or indirectly promoting the interests thereof by sales or by other means.
- C. Directs attention to or advertises any meeting, exhibition, theatrical or other performance or event of any kind for which an admission fee is charged.
- D. While containing reading or pictorial 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.
- CONSTRUCTION SITES
- 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 man, 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.
- Includes any uncontainerized man-made or man-used waste which, if deposited within the township 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 Township. "Litter" may include but is not limited to any garbage, trash, refuse, confetti, debris, grass clippings or other lawn or garden waste, newspaper, magazine, glass, metal, plastic or paper container or other constructions material, motor vehicle part, furniture, oil, carcass of a dead animal or nauseous or offensive matter of any kind or any object likely to injure any person or create a traffic hazard. Additionally, "litter" may include 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 RECEPTACLES
- Include 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.
- Any person who has charge, care or control of a dwelling or premises or a part thereof, whether with or without the knowledge and consent of the owner.
- Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof; or shall have charge, care or control of any dwelling unit as owner or as executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate or as a mortgagee in possession, regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part of all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.
- Includes a public or private park, reservation, playground, beach, recreation center or any public or private area devoted to active or passive recreation.
- PARKING LOTS
- 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.
- 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.
- PUBLIC PLACE
- 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.
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.
No person shall throw, scatter or cast any kind of handbill in or upon any public place within the township; and no person shall hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful for any person to hand out or distribute handbills or any other thing which is otherwise permitted and authorized by law in any public place to any person willing to accept such handbill or other thing, without payment therefor.
No person shall deposit, fasten, throw, scatter or cast any handbill in or upon any vehicle. The provisions of this section shall not be deemed to prohibit the handing of any noncommercial handbill to the owner or other occupant of any vehicle who is willing to accept it without payment therefor.
No person shall place any handbill in or upon any private premises which are vacant, unless attached in such a manner as not to deface the property.
No person shall place any handbill upon any premises if requested by anyone thereon not to do so or if there is placed on the premises in a conspicuous position near any entrance thereof a sign bearing notice indicating in any manner that the occupants of said premises do not desire to have any such handbills left upon said premises.
It shall be unlawful for any person to discard or dump along any street or road or wooded area or private property on or off any right-of-way any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances or furniture in any place not specifically designated for the purpose of solid waste storage or disposal.
It shall be unlawful to permit overflowing waste disposal bins.
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 immediately following completion of any construction or demolition project.LeftCorner="§ 180-4"RightCorner="§ 180-5"
Every owner, operator, person or persons in charge of or control of any public place shall provide adequate litter receptacles of sizes, numbers and types as required to contain all litter generated from the utilization of such public places. By way of explanation and not of limitation, litter receptacles and their servicing are required at the following public places which exist in the township, including sidewalks used by pedestrians in active retail commercially zoned areas, 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 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, parades, carnivals, circuses and festivals.
The owners, occupants or those in control of the aforesaid public premises are responsible for the servicing of the litter receptacles in order that adequate containerization is supplied and in order that the area around the litter receptacles is maintained in a clean and neat manner at all times.
The litter problem has become acute within the township. The cost of litter removal has become a significant expense. It is intended that those responsible for such expenses shall bear the costs of the same. In the event that the owner, operator or other person or persons in possession of the property or lands wherein the litter has accumulated shall refuse or neglect to abate or remedy the condition of uncleanliness, the township may cause the condition to be abated and remedied. In those instances where the appropriate party shall have refused or neglected to remove the prohibited materials within five (5) days of receiving a notice of violation, the municipality may cause the removal of the prohibited materials or litter and the cost thereof shall be certified to the municipality. Said cost shall be a charge upon the lands and premises where the prohibited materials were stored, and said charges shall be recoverable in the same manner as any other civil action.
In addition to the foregoing procedure, the cost for the removal of the litter or other prohibited materials shall be assessed as a lien upon the affected property, to be collected as taxes or liens, in accordance with the appropriate state statutes.
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction thereof before the Municipal Court of the township, be subject to a fine not exceeding one thousand dollars ($1,000.) or imprisonment in a county jail for a term not exceeding ninety (90) days or a period of community service not to exceed ninety (90) days, or any combination thereof, 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.