Township of Wayne, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: 1988 Code §§ 112-1—112-12 adopted as amended through December 31, 2013 and further amended by Ord. No. 27-2015. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
AGENT
Any person authorized to act in behalf of the owner of any real property, whether residential, commercial, industrial or a combination thereof, and shall include but shall not be limited to managing agents and a mortgagee, whether or not in possession.
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 garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material which might affect the health and welfare of the community or render the streets and public places unsightly.
PERSON
Includes corporations, companies, associations, societies, firms, partnerships and joint-stock companies, as well as individuals.
[New]
It shall be unlawful for any person to throw, put or place or cause to be thrown, put or placed into, upon or within any street, public place, parking lot open to the public or public building any substance, matter or thing whatsoever whereby the safe, free or unobstructed use of the same by the public may be in any way impeded or interfered with or whereby the same may be rendered unsightly in appearance. Persons placing litter in a public receptacle shall do so in such a manner and in such containers as will prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. Nothing in this section shall prohibit the deposit of any such material in any public or private receptacle. Nothing in this section shall be construed to prohibit construction, repair or maintenance equipment, materials or machinery from being utilized on a street, public place, parking lot or public building.
[New]
No person shall sweep or cause to be swept into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private property. Every person who owns or occupies property shall keep the sidewalk, entrance walk, parking lots and parking areas in front of his or her premises free of litter. All sweepings shall be collected and properly containerized for disposal.
A. 
No person, agent, firm or corporation shall put, deposit, store, place or cause to be put, deposited, stored or placed any litter or other material or equipment or any bulk household item, including but not limited to appliances, furniture, mattresses or tires, except in fully enclosed structures or during designated days for collection of bulk items, upon any private property whereby such property may be rendered unsightly in appearance or detrimental to the health, safety and welfare of the public, unless said placement is in accordance with the provisions of Chapter 83 of this Code.
B. 
It shall be unlawful for any person, agent, firm or corporation to cause the delivery or deposit of any unsolicited shoppers, circulars, leaflets, flyers and other like printed matter to or upon any private premises within the Township of Wayne except in accordance with the terms hereof. For the purposes of this section, "unsolicited" shall mean the printed matter referred to herein which has not been ordered, subscribed or requested by the recipient.
C. 
Such printed matter shall be placed only within a permanently installed appurtenance to the premises designed and designated for the receipt of such printed matter or, if there is none, on the ground or floor at a point beneath the place where such premises receives its mail or within a 3-foot radius of that point.
D. 
Excepted from the provisions of Subsection C hereof shall be such printed matter which plainly bears upon it either in the masthead or on the front page the name and address of the firm or corporation responsible for its circulation, to whom may be addressed a written notice by any recipient indicating the recipient's desire to cease future delivery of the particular item of printed matter.
E. 
There shall be no intentional delivery whatsoever of any such unsolicited printed matter to premises after the owner or tenant of said premises has notified the publisher or the delivery person to cease further delivery of the same, by certified mail, return receipt requested, at the address so indicated, that such delivery shall cease or be suspended for a stated period of time.
F. 
Any person, agent, firm or corporation convicted of a violation of any provision of this section shall be subject to a fine of not more than $100. Each delivery in violation of the terms hereof shall be deemed a separate offense.
[New]
Litter receptacles and their servicing are required at the following public places existing in the municipality, including but not limited to sidewalks used by pedestrians in active retail commercially zoned areas; buildings held out for use by the public, including schools, government buildings, 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. The proprietors or sponsors shall also be responsible to cause all receptacles to be maintained and emptied in order to avoid overflow and/or spillage.
No person shall place or cause to be placed any receptacles for refuse or garbage outside of any commercial building except in an enclosure provided and designated for such storage.
It shall be the duty of the owner, lessee, tenant, occupant or agent of the owner, tenant or occupant 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 and other offensive material.
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins upon property owned by such person.
A. 
It shall be unlawful to operate any trucks or motor vehicles carrying or conveying stones, dirt, sand, gravel, earth, fill, glass, grass clippings, solid waste or other similar materials on any road within the Township without said materials being covered or retained in place by tarpaulins or other suitable equipment or device to prevent said materials from falling off, sifting, leaking or otherwise escaping from the vehicle. Should the foregoing material be released from the truck or motor vehicle, notwithstanding the fact that the truck has been properly covered, the operator and/or owner of the motor vehicle shall be in violation of this subsection.
B. 
No person shall drive or move any vehicle or truck in the Township if the wheels or tires of the vehicle carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.
C. 
Any person operating a vehicle from which any glass, debris or objects have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, shall immediately cause the public or private property to be cleaned of all glass or objects and shall be liable for and pay the costs therefor.
D. 
The Director of Public Works or his/her designee shall enforce the provisions of this section.
[New]
It shall be unlawful for any person, while a driver or a passenger in a vehicle, to throw or deposit litter upon any street or other public place or upon private property within the Township.
[New]
It shall be unlawful for any person to throw, place or deposit any commercial or noncommercial handbill in or upon any vehicle; provided however, that it shall not be unlawful in any pubic place for a person to hand out or distribute without charge to the receiver thereof a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
It shall be unlawful for any person to throw or deposit litter on any open or vacant public or private property within the Township, whether owned by such person or not.
A. 
Any person providing to his/her customers or patrons shopping carts which, being mounted on wheels, are able to be moved off of the premises of such person, shall cause to be placed and maintained upon such shopping carts in a conspicuous manner the name of the owner thereof and shall likewise place and maintain thereon in such conspicuous manner a further notice reading as follows: "The removal of this cart from these premises is prohibited by law."
B. 
No person shall move, push or carry any shopping cart belonging to and bearing the name of another person or owner upon any street, sidewalk or other public place or private property other than the premises of the owner of the shopping cart.
C. 
The person operating a place of business which supplies his/her shopping carts from the use of his/her customers or patrons shall keep the sidewalk, parking lots and parking areas in front of or upon his/her business premises clear of such shopping carts by removing therefrom any shopping carts left thereon by his/her customers or patrons; provided, however, that he/she may, while his/her place of business is open, maintain in a suitable area not interfering with the ingress and egress of customers or patrons on foot or in automobiles a place for orderly collection of shopping carts. No person using a shopping cart shall leave the same in any place outside of the premises of the owner than in the designated outside collection area.
[New]
[New; Ord. No. 27-2015]
A. 
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, or in any body of water any solid waste, including but not limited to municipal wastes (household, commercial or industrial), bulky waste (appliances, furniture, vehicles or vehicle parts, rubber tires), construction and demolition waste, or vegetative waste (plant stalks, hulls, leaves, tree wastes processed through a wood chipper, tree parts, shrubbery and/or garden wastes).
B. 
It shall be unlawful for any person to discard or dump on any property, public or private, any solid waste, including but not limited to municipal wastes (household, commercial or industrial), bulky waste (appliances, furniture, vehicles or vehicle parts, rubber tires), construction and demolition wastes or vegetative waste (plant stalks, hulls, leaves, tree wastes processed through a wood chipper, tree parts, shrubbery and/or garden wastes) without the express written consent of the property owner, and then only in a litter receptacle or waste container designed for the express purpose of solid waste storage disposal.
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 after 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 non-flyable 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.
A. 
In the event that the owner, occupant, tenant, agent of the owner, tenant or occupant 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 the Health Officer or designee, in cases where the owner, occupant, tenant or agent shall refuse or neglect to remove the same within five days of receiving a notice of violation, such officer shall cause the cost to be charged against said properties and owners for services rendered by municipal crews pursuant to N.J.S.A. 40:48-2.12f. Costs incurred shall be levied against said properties and shall constitute a lien upon said properties. The same 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 a lien for delinquent real estate taxes. In addition to the costs associated with abatement of debris/litter, a charge of 15% of the total cost shall be imposed as an administrative charge.
[New]
B. 
The amounts to be billed shall be equivalent to the cost of the services rendered by either the Township's employees or the person contracted by the Township to perform the services, or both.
C. 
In addition to the cost of removal of the solid waste, and/or debris/litter, any person who shall violate any of the provisions of this chapter or any order promulgated hereunder shall, upon conviction, be liable to the penalties stated in Chapter 1, Section 1-15 for Unlawful Solid Waste Disposal of a fine not less than $2,500 and not exceeding $10,000. Each day that a violation continues to exist shall constitute a separate violation.
[New; Ord. No. 27-2015]
D. 
All penalties collected from the chapter are to be set aside in the Miscellaneous Revenue Not Anticipated Fund which shall be used by the Township for collection of litter, anti-litter education or enforcement. All fines collected pursuant to this chapter shall be credited to the Township's Clean Communities account for use as set forth in the allowable cost section of the Clean Communities grant guidelines Fact Sheet; published annually by the N.J. Department of Environmental Protection and the N.J. Clean Communities Council.
[New]