[HISTORY: Adopted by the Township Committee of the Township of Waterford 12-12-1990
as Ord. No. 90-22. Amendments noted where applicable.]
GENERAL REFERENCES
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:
Includes any handbill which:
Advertises for sale or promotional gifts or prizes any merchandise,
product, commodity or thing.
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.
Directs attention to or advertises any meeting, exhibition, theatrical
or other performance or event of any kind for which an admission fee is charged.
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.
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.
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.
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.
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.
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.
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.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
It shall be unlawful to permit overflowing waste disposal
bins.
H.
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"
A.
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.
B.
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.
A.
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.
B.
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.
