[HISTORY: Adopted by the Borough Council of the Borough of Eatontown
6-6-1990 by Ord. No. 16-90. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch.
281.
This chapter shall be known and may be cited as the "Eatontown Anti-Litter
Ordinance."
[Amended 12-14-2005 by Ord. No. 30-2005]
A. It shall be unlawful for any person to throw, drop, discard or
otherwise place any litter of any nature upon public or private property other
than in a litter receptacle or, having done so, to allow such litter to remain.
B. Whenever any litter is thrown or discarded or allowed to fall
from a vehicle or boat in violation of this chapter, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have violated
this chapter.
[Amended 12-14-2005 by Ord. No. 30-2005]
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, newspapers, 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.
PERSON
Any individual, corporation, company, partnership, firm, association,
or political subdivision of this state subject to municipal jurisdiction.
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.
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 1/4 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,
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. "Litter receptacle" means
a container suitable for the depositing of litter.
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 litter sweepings
shall be collected and properly containerized for disposal.
It shall be unlawful for any residential or commercial property owner
to permit open or overflowing waste disposal bins on his or her property.
It shall be unlawful for any vehicle to be driven, moved, stopped or
parked on any public roadway unless such a vehicle is constructed, covered
or loaded to prevent any of its load from dropping, shifting, leaking or otherwise
escaping therefrom. Any person operating a vehicle from which any materials
which constitute litter have fallen or escaped, which would cause an obstruction,
damage a vehicle or otherwise endanger travelers or public property, shall
immediately cause the public property to be cleaned of all such materials
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 immediately following 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 a 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.
It shall be unlawful for any person to place, to cause to be placed,
or to hire another person to place any advertisement, handbill or unsolicited
material of any kind in or on any street, sidewalk, building or vehicle within
the community in such a manner that it may be removed by natural forces.
[Amended 12-14-2005 by Ord. No. 30-2005]
Any person, firm or corporation violating any provision of this chapter
shall, upon conviction, be subject to a fine not exceeding $1,250, a term
of imprisonment not exceeding 90 days or a period of community service not
exceeding 90 days, or any combination thereof.
In the event that the owner or possessor of private property or lands
shall refuse or neglect to abate or remedy the condition which constitutes
a violation of this chapter, the municipality may cause the condition to be
abated and remedied. Upon the removal of any materials prohibited to be stored
or abandoned on lands by this chapter by or under the direction of an appointed
officer or officers of this jurisdiction, in cases where the owner or tenant
shall have refused or neglected to remove the materials within five days of
receiving a notice of violation, such officer shall certify the cost thereof
to the municipality, which shall examine the certificate and, if found correct,
shall cause the cost as shown thereon to be charged against said lands and
will be added to and become and form part of the taxes next to be assessed
and levied upon said lands. The fines shall bear interest at the same rate
as taxes and shall be collected and enforced by the same officers and in the
same manner as taxes.
[Added 12-14-2005 by Ord. No. 30-2005]
The provisions of this chapter shall be enforced by the Eatontown Police
Department and/or the Eatontown Special Code Enforcement Officer.