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.
ELEMENTS
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.
HANDBILL
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.
LITTER
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.
OPERATOR
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.
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.
PARK
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.
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.