[HISTORY: Adopted by the Township Committee of the Township of Egg Harbor 5-13-1987 by Ord. No. 23-1987.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish, refuse and recycling — See Ch. 118.
Peddling and soliciting — See Ch. 129.
Parks — See Ch. 165.
[1]
Editor's Note: This chapter superseded former Ch. 146, Littering, adopted 8-11-1975 as Section 4-2 of the former Revised Ordinances, as amended.
For the purpose of this chapter, the terms used herein are defined as follows:
AIRCRAFT
Any contrivance now known or hereafter invented, used or designed for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.
[Added 9-9-1992 by Ord. No. 40-1992]
COMMERCIAL HANDBILL
[Added 9-9-1992 by Ord. No. 40-1992]
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature which:
A. 
Advertises for sale any merchandise, product, commodity or service.
B. 
Directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales.
C. 
Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit, but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incidental to any meeting, theatrical performance, exhibition or event of any kind.
DRY FILL
Includes but is not limited to wood, stumps, masonry materials, rock, brick, dirt, soil, stone, cinders, ashes from wood or coal fire and bituminous materials or other nonputrescent materials and any other items of like kind consistent herewith.
GARBAGE
Includes but is not limited to meat, fish, fowl, vegetable waste solids and any other items of like kind consistent herewith resulting from the handling, preparation, cooking and consumption of foods. "Garbage" is considered to originate primarily in kitchens, stores, markets, restaurants, hotels and other places where food is stored, cooked and consumed and any other item of like kind consistent herewith. This definition is to be read consistent with the definition of "garbage" in § 118-1 of Chapter 118, Garbage, Rubbish, Refuse and Recycling.
LITTER
Any substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or any 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 extracting processes, logging, sawmilling, farming or manufacturing.
[Amended 9-9-1992 by Ord. No. 40-1992]
NEWSPAPER
Any newspaper of general circulation, whether the same is paid or free or whether it is primarily designed to report the news or as a form of commercial advertising, which is either delivered locally or through mails. It is intended that this definition of "newspaper" be given a broad interpretation to cover all local, regional, statewide or national newspapers.
[Added 9-9-1992 by Ord. No. 40-1992]
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
[Added 9-9-1992 by Ord. No. 40-1992]
PARK
Includes but is not limited to a park, playground, recreation center or any other public area owned or use by the Township or local authorized governmental agencies and devoted to active or passive recreation.
PERSON
Includes but is not limited to an individual, firm, corporation, association, society, partnership and their agents or employees.
PRIVATE PREMISES
Includes but is not limited to any dwelling, house, building or other structure designated or used, either wholly or in part, for private residential, commercial, business or industrial purposes, whether inhabited or continuously uninhabited or vacant, and shall include but not be limited to any yard, grounds, walk, driveway, porch, steps or vestibule belonging or appurtenant to such house, building or other structure.
PRIVATE PROPERTY
Any privately owned or occupied lands or premises, including property owned or occupied by any public utility.
[Added 9-9-1992 by Ord. No. 40-1992]
PUBLIC PLACE
Includes but is not limited to any or all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
Includes but is not limited to all miscellaneous matter, such as but not limited to all bottles, rags, mattresses, furniture, paper, clothes, shoes, glass, leather, carpets, crockery, rubber, newspapers, cartons, tin cans, metals, tires, automobiles, vehicles or parts thereof, any other items consistent herewith and any other items of like kind consistent herewith.
RUBBISH
Includes but is not limited to any solid waste consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigars, cigarettes, cardboard, tin cans, scrap metals, tires, yard clippings, leaves, wood, glass, bedding, crockery and any matters included in the definition of refuse.
VEHICLE
Includes but is not limited to every device in, upon or by which any person or property is or may be transported.
[Amended 10-11-2006 by Ord. No. 57-2006]
A. 
It shall be unlawful in the Township for any person to throw, cast or place any garbage, dry fill, rubbish and refuse or any other type of waste matter on any property and streets, public or private, within the limits of the Township, except in such areas as may be officially designated and licensed for dumping by the State of New Jersey and the County of Atlantic or which may be deposited in public receptacles, authorized private receptacles or in other official sites.
B. 
This section shall not apply to residential or commercial landscaping or gardening which involves the owner or the owner's agent placing topsoil, garden stones, stone paths, stone walkways, compost and other items of like kind consistent herewith on private, commercial or residential property.
No person shall sweep into, dump or deposit in any gutter, street or other public place the accumulation of any litter from any building, lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of the property free of litter. This provision shall not apply to those periods of time fixed by the Township for the collection of litter and trash.
[Added 2-14-1990 by Ord. No. 1-1990]
A. 
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 quarter-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.
B. 
"Litter receptacle" means a container suitable for the depositing of litter.
[Amended 10-11-2006 by Ord. No. 57-2006]
No person, while driving or as a passenger in a vehicle, shall throw, dump or deposit litter, garbage, refuse, rubbish or dry fill upon any street, public place or upon private property unless permitted by law. The operator or owner, or both, of the vehicle shall be held responsible.
[Added 9-9-1992 by Ord. No. 40-1992]
A. 
No person shall drive or move any truck or other vehicle within the Township unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
B. 
No person shall drive or move any vehicle or truck within the Township, the wheels or tires of which carry onto or which deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.
No person shall load, drive or move any truck or other vehicle unless the vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, public place or private premises.
[Amended 9-9-1992 by Ord. No. 40-1992]
No person shall throw, dump or deposit any litter in any park, lakes, stream or any other body of water within the Township except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or recreation area or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere, as provided herein.
No person shall throw, dump or deposit litter on any occupied or vacant private property, whether owned by such person or not, provided that the owner or person in control of the property may maintain private receptacles for the collection of litter.
[Added 9-9-1992 by Ord. No. 40-1992]
A. 
The Police Department or authorized representative is authorized to notify the owner of any property within the Township or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be sent by certified mail, return receipt requested, and/or posted on the property.
B. 
In the event that the owner or agent fails to comply with such notice within five days after receipt of written notice or five days after notice was posted on the property, the Police Department or authorized representative shall authorize the removal of said litter. The property owner shall be billed by the Township of Egg Harbor for all expenses incurred for the removal of said litter at a minimum cost of $250. Failure to pay for billed expenses shall constitute a valid assessment against such lands and shall be duly certified to the governing body, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall become a lien upon such lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands. If the Police Department or authorized representative deems the existing condition as an immediate health or safety problem, the removal shall be ordered immediately. If the owner or agent refuses to comply, the Township shall effect the removal at the expense of the owner.
The owner, agent, lessee, tenant, occupant or other person who manages or controls a building or lot shall be jointly and severally responsible for keeping the sidewalk, flagging, curbstone and the air shafts, areaways, backyards, courts, parking lots and alleys free of litter.
[Added 9-9-1992 by Ord. No. 40-1992[1]]
A. 
Sidewalks and other public places. No person shall throw or deposit any handbill in or upon any sidewalk, street or other public place within the Township. This provision shall not be construed as prohibiting the distribution of handbills to persons willing to accept same.
B. 
Depositing handbills on uninhabited or vacant premises. No person shall throw or deposit any handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
C. 
Distribution of handbills prohibited where properly posted. No person shall throw, deposit or distribute any handbill upon any private premises if requested by anyone thereon not to do so or if there is posted on said premises in a conspicuous place near the entrance thereof a sign bearing the words, "No Trespassing," "No Peddlers or Agents," "No Advertisement" or any similar notice indicating in any manner that the occupants of said premises do not desire to have their right of privacy disturbed or to have any such handbills left upon the premises.
D. 
Distribution of handbills at inhabited private premises. Handbills shall be distributed to inhabited private premises which are not posted as provided in this chapter, provided that said handbills are placed or deposited in such a manner as to secure or prevent such handbill from being blown or drifting about the premises, sidewalks, streets or other public places, and except to the extent that mailboxes may not be so used when prohibited by federal postal laws or regulations. The provisions of this subsection shall not apply to the distribution of mail by the United States Postal Service or to newspapers; provided, however, that newspapers shall be placed on private property in such a manner so as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
E. 
Placing handbills on vehicles. No person shall throw or deposit any handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a handbill to any occupant of a vehicle who is willing to accept it.
[1]
Editor's Note: This ordinance also provided that former § 146-9, Violations and penalties, be renumbered as § 146-12.
[Added 9-9-1992 by Ord. No. 40-1992]
No person in an aircraft shall throw out, drop or deposit within the Township any litter, handbill or other object.
[Added 9-9-1992 by Ord. No. 40-1992]
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 constructor in charge of a construction site to furnish containers adequate to accommodate debris or trash at construction areas and to maintain and empty any receptacles in such a manner and with such frequency as to prevent spillage of refuse.
[Amended 4-25-1990 by Ord. No. 11-1990; 9-9-1992 by Ord. No. 40-1992; 4-12-2006 by Ord. No. 20-2006]
Violation of any provision of this chapter shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Any person who is convicted of violating the provisions of this chapter within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this chapter.