[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 13, Art. 7, of the 1979 Revised General Ordinances of Paterson]
As used in this article, the following terms shall have the meanings indicated:
AIRCRAFT
Any contrivance now known or hereafter invented, used or designed for navigation or for flight in the air and includes helicopters and lighter-than-air dirigibles and balloons.
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle weighing not more than 70 pounds when filled, constructed of galvanized metal or rigid plastic, leakproof, not more than 26 inches in height and having a properly secured metal or plastic lid. A certified plastic litter storage bag that is tied securely at the top may also be included under this definition.
COMMERCIAL HANDBILL
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 any merchandise, product, commodity or thing for sale.
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. The terms of this definition shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind when it is held, is given or takes place in connection with the dissemination of information which does not violate the ordinary rules of decency, good morals, public peace, safety and good order. Nothing contained in this definition 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 a law of the state or ordinance of the city.[1]
D. 
While containing reading 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.
E. 
Directs attention to or which encourages support of any political party, candidate for municipal, county, state or federal office or any referendum that will appear on the election ballot.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
HANDBILL
Includes both commercial handbills and noncommercial handbills, as such terms are defined in this section.
LITTER
Garbage, refuse and rubbish as such are defined herein, and all other waste material thrown or deposited as herein prohibited.
[Amended 5-9-1995 by Ord. No. 95-027]
MULTIFAMILY DWELLING
Any building or structure of one or more stories in which four or more units of dwelling space are occupied, or are intended to be occupied, by four or more individuals or families who live independently of each other.
[Added 5-9-1995 by Ord. No. 95-027]
NEWSPAPER
Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law. In addition thereto, "newspaper" means and includes any periodical or magazine regularly published with not fewer than four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, circular, dodger, 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."
OCCUPANT
Any adult person, proprietorship, corporation, partnership, association and/or the agents or employees of any one of them having actual or constructive possession of property or any part thereof.
[Added 5-9-1995 by Ord. No. 95-027]
OWNER
Any person who, alone, jointly or severally with others, holds legal or equitable title to any property as herein defined, with or without the accompanying actual possession thereof; or any vehicle. This definition includes any person who shall have charge, care or control of any property or vehicle as owner or agent of the owner or as fiduciary, including but not limited to executor, administrator, trustee, receiver, rent receiver, guardian or as mortgagee in possession regardless of how such possession was obtained.
[Added 5-9-1995 by Ord. No. 95-027]
PARK
A park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city and devoted to recreation.
PROPERTY
Any dwelling, house, building or other structure, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, sidewalk, walk, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling, house, building or other structure. This term shall also mean any open or enclosed lot or space, irrespective of whether it has any dwelling, house, building or structure on said lot or space.
[Amended 5-9-1995 by Ord. No. 95-027]
PUBLIC PLACE
Includes all streets, sidewalks, boulevards, alleys or other public ways and all public parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials and bricks or building materials resulting from the demolition of any structure.
SUPERINTENDENT or JANITOR or RENTAL AGENT
Any person who has charge, care or control of the property or any part thereof or one who has been designated to provide maintenance, cleaning and/or repair services for the property by virtue of agreements or authorization, either oral and/or written, with the owner. This includes but is not limited to all agents, servants or employees of any person who has charge, care or control of the property or any part thereof.
[Added 5-9-1995 by Ord. No. 95-027]
TENANT
Any adult person, proprietorship, corporation, partnership or association and/or the agents or employees of any one of them having actual or constructive possession of property or any part thereof.
[Added 5-9-1995 by Ord. No. 95-027]
VEHICLE or MOTOR VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
[Amended 5-9-1995 by Ord. No. 95-027]
[1]
Editor's Note: See Ch. 203, Entertainment and Shows.
[Amended 5-9-1995 by Ord. No. 95-027]
A. 
Every person who owns or occupies property shall keep the property free of litter.
B. 
In addition to the owner, responsibility for violation of this section shall be as follows:
(1) 
In a one-family house occupied by a tenant, the tenant shall keep the property free of litter.
(2) 
In dwellings occupied or intended to be occupied by one to three individuals or families who live independent of each other, and which is not occupied by the owner, all tenants shall be obliged to keep the property free of litter.
(3) 
In multi-family dwellings where there is a janitor, superintendent or rental agent, it shall be his duty to keep the property free of litter.
C. 
Every person who owns, manages or occupies property for business purposes shall keep the property free of litter. In addition, every person who owns or operates a business that sells or offers food stuffs that are to be consumed out of the place of business, shall provide for the placement of either an open-mesh or a closed-top litter receptacle that is lined with a plastic, waterproof garbage bag for every 25 feet of the premises' street line. These receptacles shall be constructed so as to prevent litter from being scattered and must be emptied into an authorized private receptacle every evening before closing.
D. 
It shall be the joint and several responsibility of the owner, tenant(s) and superintendent or janitor, and the agent or employee of any of them, to keep the property free from litter.
E. 
Maintenance of property. The property is to be maintained free from litter in accordance with the provisions of this article and shall be swept as often as is necessary to maintain it free of litter in accordance with the provisions of this article. The property shall be inspected regularly, including but not limited to during the hours designated for street cleaning and/or snow removal. Such property inspections shall be conducted simultaneously with street cleaning and/or snow removal and shall be conducted by the Director of the Department of Public Works, or the Director's designee, in order to insure compliance with the provisions herein. At the time of such inspections, all parts of the property shall be free of all litter.
F. 
Curbside notification of property inspection days and times. The Director of the Department of Public Works, or the Director's designee, shall cause curbside signs to be erected to notify owners, tenants or occupants and/or their agents or employees and the general public of the days and hours of said street cleaning and property inspections, which days and hours are fully set forth in the Street Cleaning Ordinance and are incorporated herein by reference.
G. 
Failure of property to be free of litter during property inspections. Upon failure of the property to be free of all litter during designated property inspection days and times, which shall coincide with street cleaning days and times, the Department of Public Works shall serve upon the owner, tenant, occupant, superintendent or janitor, and/or the agent or employee of any one of them, a written notice of violation from the Department of Public Works. Said notice of violation shall be served by personal service upon the owner, tenant, occupant, superintendent or janitor and/or the agent or employee of any one of them, whomever is located at the property. In the event that the notice of violation cannot be served by personal service upon the owner, tenant, occupant, superintendent or janitor, and/or the agent or employee of any one of them, then a notice of violation shall be posted upon the main entrance of the premises on the property. In the event that the property is an empty or unimproved lot, then in that event, the notice of violation shall be mailed by certified mail addressed to the last known address of the owner of the property as shown in the records of the office of the Tax Collector. The notice of violation shall specify the violation or violations committed, what must be done to correct same and shall specify a five-day period for residential users and a two-business-day period for commercial users which includes weekends and holidays, allotted to abate the violation.
[Amended 12-21-1999 by Ord. No. 99-066]
H. 
Failure to abate violation. In the event that the violation is not abated, removed, cured or otherwise fully remedied within the five-day period for residential users and two-business-day period for commercial users prescribed in the initial notice of violation, a summons for such violations shall then be issued against the owner, tenant, occupant, superintendent or janitor, or the agent or employee of any one of them. The summons, which shall be answerable in Municipal Court, shall be issued only after the Department of Public Works has completed a second inspection of the property and has determined that the violation has not been abated.
[Amended 12-21-1999 by Ord. No. 99-066]
I. 
Litter dangerous to public health, safety and welfare. In the event that the litter located on the property is determined to be dangerous to the public health, safety or welfare, the Department of Public Works is authorized and empowered to dispose of or destroy such litter.
(1) 
Charge included in tax bill. When litter has been destroyed or removed from any property by or under the direction of the Director of Public Works, he shall certify the cost thereof to the Tax Assessor, who shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said property. The amount so charged shall forthwith become a lien upon such property and shall be added to and become and form part of the taxes next to be assessed and levied upon such property, the same to 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.
(2) 
Recorded statement constitutes lien. Where the full amount due the city is not paid by the owner within 30 days after the disposal of such litter as specified in Subsection I of this section, then, and in that case, the Director of Public Works shall cause to be recorded in the City Clerk's office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty of 7% in the event that they are not paid in full on or before the tax bill upon which the charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been properly and satisfactorily completed and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
J. 
This section shall not be construed to prohibit the storage of litter in authorized private receptacles for collection.
Litter shall be placed in public receptacles or in authorized private receptacles in such a manner as to prevent it from being scattered, carried or deposited by the elements upon any street, sidewalk or other public place.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place except in public receptacles or in authorized private receptacles for collection or in official city dumps.
[1]
Editor's Note: Former § 313-6, Commercial handbill litter control, was renumbered as § 313-16 5-9-1995 by Ord. No. 95-027. Sections 313-7 through 313-16 were then redesignated as §§ 313-6 through 313-15, respectively.
No person shall throw or deposit litter in any park or playground except in public receptacles and in such a manner as to prevent such litter from being carried or deposited by the elements upon any part of the park, playground or upon any street, sidewalk or other public place. Where public receptacles are not provided, all litter shall be carried from the park or playground by the person responsible for its presence and properly disposed of elsewhere.
No person shall drive or move any truck or other vehicle onto any public place unless the vehicle is so constructed or loaded as to prevent any litter from being blown or deposited from the vehicle upon any street, alley or other public place.
[Amended 5-9-1995 by Ord. No. 95-027]
No person shall throw or deposit litter on any property, whether owned by him or not, except that the owner, superintendent or janitor or person in control of any property may maintain authorized private receptacles for collection in such a manner that litter will not be carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
A. 
Notice to remove. The Director of the Department of Public Works or any inspector working under his supervision is authorized and empowered to notify the owner or tenant of any open or vacant private property or the agent of such owner or tenant to properly dispose of litter located on such property which is dangerous to public health, safety or welfare or to remove or dispose of any abandoned, junked or dismantled motor vehicles. Notice shall be by registered or certified mail addressed to said owner or tenant or his agent at the last known address.
B. 
Action upon noncompliance. Upon failure, neglect or refusal of any owner or tenant or agent so notified to properly dispose of said litter or abandoned, junked or dismantled motor vehicles within 10 days after receipt of written notice specified in Subsection A of this section or within 10 days after the date of such notice in the event that it is returned to the city by the Post Office Department because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner or tenant or agent, the Director of Public Works is authorized and empowered to pay for disposing of such litter or to order its disposal or destruction by the city.
C. 
Charge included in tax bill. When litter has been destroyed or removed from any lands under this article by or under the direction of the Director of Public Works, he shall certify the cost thereof to the Council, 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 forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to 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.
D. 
Recorded statement constitutes lien. Where the full amount due the city is not paid by the owner within 30 days after the disposal of such litter as specified in Subsections A and B of this section, then and in that case the Director shall cause to be recorded in the City Clerk's office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty of 7% in the event that they are not paid in full on or before the tax bill upon which the charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been properly and satisfactorily completed and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
[Amended 5-9-1995 by Ord. No. 95-027]
A. 
Indiscriminate distribution prohibited. No person, either directly or indirectly, shall distribute, place or cause to be placed or scatter or throw any commercial handbill in or upon any public thoroughfare, public park or other public ground.
B. 
Depositing in vehicles or private property prohibited. No person shall place or put in or upon any part of a vehicle standing or parked in or upon any public thoroughfare, public park or other public ground or place or put in or upon any porch, steps or yard of any residence, private property or other premises any commercial handbill.
C. 
Employer's liability. No person or proprietor of any business or manager or agent of any proprietorship, corporation, partnership or association or establishment shall employ or retain another to perform any act which shall constitute a violation of this section.
D. 
When delivery permitted. Nothing herein contained shall be construed to prohibit the physical delivery of a commercial handbill to anyone personally who is willing to receive the same, provided that such delivery is made between the hours of 9:00 a.m. and 5:00 p.m. on any weekday, exclusive of Sundays and holidays.
E. 
Prima facie evidence. The finding of any commercial handbill in or upon any public thoroughfare, public park or other public ground, or in or upon any parked vehicle, or in or upon any porch, steps or yards shall be prima facie evidence that such commercial handbill was placed in or upon the same in violation of this section by the person for whose behalf such commercial handbill is being distributed.
A. 
No person, firm, partnership, association, corporation, company, candidate for political office, political party or organization of any kind shall post or affix any notice, commercial handbill or other paper or device calculated to attract the attention of the public to any lamppost, public utility pole or shade tree or upon any public structure or building except as may be authorized or required by law.
B. 
The posting of any commercial handbill or notice to any lamppost, public utility pole or shade tree or any public structure or building shall be prima facie evidence that said commercial handbill or notice was posted upon same in violation of this section by the person or entity for whose benefit such commercial notice or handbill is being posted.
[Added 4-22-2003 by Ord. No. 03-019]
[Amended 10-27-1987 by Ord. No. 87-037; 12-19-1995 by Ord. No. 95-068; 4-22-2003 by Ord. No. 03-019; 5-23-2006 by Ord. No. 06-044; 4-14-2020 by Ord. No. 20-023]
Any person who violates any provision of this chapter, except as provided below, shall, upon conviction, be subject to a penalty of imprisonment for not more than 90 days, by a fine not exceeding $2,000 or by a period of community service for not more than 90 days, or any combination thereof, except that violations of §§ 313-16 and 313-17 are subject to punishment by payment of fines in the amount of $50. Fines for violation of §§ 313-16 and 313-17 are payable at the Violation Bureau without a court appearance. Costs of court of $30 will be imposed, consistent with New Jersey Court Rule 7:11-4, for all such payments.
[Added 4-22-2003 by Ord. No. 03-019]
A summons may be issued for a violation of § 313-17 by a police officer, a designated inspector of the Department of Public Works or any lawfully designated officer.