[HISTORY: Adopted by the Borough Council
of the Borough of Medford Lakes as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-9-1976 by Ord. No. 127]
This article shall be known and may be cited
as the "Borough of Medford Lakes Anti-Litter Ordinance."
For the purposes of this article, the following
terms, phrases, words, and their derivations shall have the meaning
given herein. When not inconsistent with the context, words in the
present tense include the future, words in the plural number include
the singular number, and words in the singular number include the
plural number. The word "shall" is always mandatory, and not merely
directory.
A litter storage and collection receptacle of a size and
nature suitable to the Borough.
The Borough of Medford Lakes.
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 advertises for sale any merchandise, product,
commodity, or thing; or
Which 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;
or
Which 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 subsection shall not apply where
an admission fee is charged or collection is taken up with the purpose
of defraying the expenses incident to such a meeting, theatrical performance,
exhibition, or event of any kind, when either of the same is held,
given, or takes place in connection with the dissemination of information
which is not restricted under the ordinary rules of decency, good
morals, public peace, safety and good order, provided that nothing
contained in this subsection shall be deemed to authorize the holding,
giving or taking place of any meeting, theatrical performance, exhibition
or event of any kind, without a license, where such license is or
may be required by any law of this state, or under any ordinance of
this Borough; or
Which, while containing reading matter other
than advertising matter, is predominately 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.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse, and rubbish as defined herein and all other
waste material, which, if thrown or deposited as herein prohibited,
creates or is likely to create a danger to public health, safety,
and welfare.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the United States Postal Service,
in accordance with the federal statute or regulation, and any newspaper
filed and recorded with any recording officer as provided by general
law; and in addition thereto, shall mean and include any periodical
or current magazine regularly published with not less than four issues
per year which are sold or distributed to the public.
A park, reservation, playground, beach, recreation center,
or any other public area in the Borough, owned or used by the Borough
and devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling, house, building, or other structure designed
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, recreational areas, beaches, parks, grounds,
walks, driveways, porches, steps, vestibules or mailboxes belonging
or pertinent to such dwelling, house, building, or other structure
or in use independently of any structure or building.
Any and all streets, sidewalks, boulevards, alleys, or other
public ways and any and all public parks, squares, spaces, grounds,
and buildings.
All putrescible and nonputrescible solid waste (except body
waste), including garbage, rubbish, ashes, street cleanings, dead
animals, and solid market and industrial waste.
Nonputrescible solid waste consisting of both combustible
and noncombustible waste, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials, except natural fall of leaves and needles left
undisturbed by the property owner.
Every device in, upon, or which any person or property is
or may be transported or drawn upon a highway, street or road.
No person shall throw or deposit litter in or
upon any street, sidewalk or other public place within the Borough
except in public receptacles, in authorized private receptacles for
collection, or in official Borough dumps.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such a manner
as to prevent it from being carried or deposited by the elements upon
any street, sidewalk, or other public place, or upon private property.
No person shall upset a public or private receptacle
designed or used for the deposit of litter, or cause or permit its
contents to be deposited or strewn in or upon public or private property
by damaging same.
No person shall sweep into or deposit in any
gutter, street, or other public place within the Borough the accumulation
of litter from any building or lot or from any public or private sidewalk
or driveway. Persons owning or occupying property shall keep their
premises free from litter. Nothing in this section shall prohibit
the following conduct:
A.
The creation and maintenance of a bona fide compost
pile or heap upon private property where such compost pile or heap
contains solely organic refuse and garbage, excluding human body waste
and dead animals, the end product of said compost pile or heap to
be used incident to gardening activities; and provided that the material
of which such compost pile or heap is comprised shall not be supplied
by persons other than the owner or tenant of the private property
upon which the compost pile or heap is located;
B.
The deposit and maintenance of yard clippings, leaves,
branches and twigs from trees, and other similar natural refuse, at
a location for collection by the Borough, pursuant to the prescribed
leaf removal program of the Borough;
C.
The deposit and maintenance of other litter in a location
along the street line, suitable for Borough or other authorized collection,
provided that such rubbish and other litter, if so deposited and maintained,
shall not be so deposited and maintained at such location for a period
exceeding one week; and
D.
The creation and maintenance of a woodpile on private
property, said woodpile to be kept stacked and reasonably secured,
and to be used to collect and maintain wood for purposes of burning
in a fireplace or stove located within a structure existing upon said
private property.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street, or other public
place within the Borough the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons
owning or occupying places of business within the Borough shall keep
the sidewalk servicing their business/area, and any designated attached
parking facilities, free of litter.
All persons owning or occupying places of business
within the Borough shall place upon the premises and maintain suitable
trash receptacles. All such persons owning or occupying places of
business within the Borough shall place in prominent locations upon
the premises signs warning against litter violations and stating the
possible penalties by proprietors of recital establishments.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street or other public
place within the Borough or upon private property. Unless otherwise
ascertainable, the operator of any vehicle from which litter is thrown
or deposited upon any street or public place within the Borough, or
upon private property, shall be rebuttably presumed to be the responsible
person for such littering under this section.
No person shall drive or move any truck or other
vehicle within the Borough 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.
No person shall throw or deposit litter in any
park within the Borough 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 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 or deposit litter in any
fountain, pond, lake, stream, or other body of water in a park or
elsewhere within the Borough.
No persons shall throw or deposit any commercial
or noncommercial handbill in or upon any sidewalk, street, or other
public place within the Borough, nor shall any person hand out or
distribute or sell any commercial handbill in any public place; provided,
however, that it shall not be unlawful on any sidewalk, street, or
other public place within the Borough for any person to hand out or
distribute, without charge to the receiver thereof, any noncommercial
handbill to any person willing to accept it.
No person shall throw or deposit any commercial
or noncommercial 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 noncommercial
handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
No person shall throw, deposit, or distribute
any commercial or noncommercial handbill upon any private premises,
if requested by anyone thereon not to do so, or if there is placed
on said premises in a conspicuous position 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 be molested or
have their right of privacy disturbed or to have any such handbills
left upon such premises.
A.
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises; provided, however, that in the case of inhabited private premises which are not posted, as provided in § 150-16 of this article, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
B.
Exemption for mail and newspapers. The provisions
of this section shall not apply to the distribution of mail by the
United States, nor to newspapers (as defined herein), except that
newspapers shall be placed on private property in such a manner as
to prevent their being carried or deposited by the elements upon any
street, sidewalk or other public place, or upon private property.
No person shall post or affix any notice, poster
or other paper or device calculated to attract the attention of the
public, to any lamp post, public utility poll or shade tree, or upon
any public structure or building, except as may be authorized or required
by law.
No person shall throw or deposit litter on any
occupied private property within the Borough, whether owned by such
person or not, except that the owner or the person in control of private
property may maintain authorized private receptacles for collection
in such a manner that litter will be prevented from being carried
or deposited by the elements upon any street, sidewalk, or other public
place, or upon any private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private property; provided further, that this section shall not prohibit the conduct allowed under § 150-6A, B, C and D of this article.
No person shall throw or deposit litter in or
upon any open or vacant private property within the Borough whether
owned by such person or not.
Nothing in this article shall diminish the powers of the Borough concerning the removal of litter, trash and other debris from private property as set forth in Chapter 181, Property Maintenance, of the Code of the Borough of Medford Lakes.
[Added 5-12-1988 by Ord. No. 244]
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, parks, self-service refreshment
areas; construction sites; gasoline service station islands; shopping
centers; parking lots; 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.
[Added 5-12-1988 by Ord. No. 244]
It shall be unlawful for any residential property
owner to store or permit storage of any bulky household waste, including
household appliances, furniture and mattresses, in areas zoned residential,
except in a fully enclosed structure or during days designated for
the collection of bulky items.
[Added 5-12-1988 by Ord. No. 244]
It shall be unlawful for any residential property
owner to store or permit the storage of tires in areas zoned residential,
except in a fully enclosed structure or on days designated for the
collection of tires.
[Added 5-12-1988 by Ord. No. 244]
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 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.
A.
If, after inspection by a proper representative of the Borough Council, it is determined that there exists a violation of § 150-6, 150-7 or 150-20 of this article, the owner, tenant, or agent thereof of such premises shall be given written notice by the Borough Clerk to remove any such litter which is causing the violation. Said owner, tenant or agent thereof shall, within 10 days after being so notified, remove all such litter as is deemed to cause a violation of the designated sections of this article.
B.
The Fire Chief, Chief of Police, Municipal Manager,
Borough Clerk, Secretary of the Board of Health, if one there be,
or any Councilman appointed for such purpose by the Mayor of the Borough
of Medford Lakes, or any of them, shall be considered the proper officers
to investigate the above-described hazards and report same to the
Borough Council for action.
C.
In the event that any owner, tenant or agent thereof shall fail or refuse to so comply with the written notice from the Borough Clerk within 10 days from the date of said notice, the penalty provisions as set forth in § 150-28 of this article shall take effect, or the Borough Council of the Borough of Medford Lakes may exercise removal powers as are defined in Chapter 181, Property Maintenance, of the Code of the Borough of Medford Lakes, or both.
[Amended 4-23-2014 by Ord. No. 615]
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under the general penalty provisions found at § 1-15 of this Code. This, however, shall not apply against any municipal employee or officer that authorizes action by permit or otherwise in the ordinary course of their duties.
[Adopted 5-10-2007 by Ord. No. 527]
The purpose of this article is to establish
requirements to control littering in the Borough of Medford Lakes
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this article clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
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
not including the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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 article, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this article.
This article shall be enforced by the Borough
of Medford Lakes Police Department, New Jersey Forest Ranger or the
Code Enforcement Officer of the Borough of Medford Lakes.
[Amended 4-23-2014 by Ord. No. 615]
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under the general penalty provisions found at § 1-15 of this Code. This, however, shall not apply against any municipal employee or officer that authorizes action by permit or otherwise in the ordinary course of their duties.
