[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:
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.
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.
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 any merchandise, product, commodity
or thing for sale.
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.
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]
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.
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.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Includes both commercial handbills and noncommercial handbills,
as such terms are defined in this section.
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]
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]
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.
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."
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]
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]
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.
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]
Includes all streets, sidewalks, boulevards, alleys or other
public ways and all public parks, squares, spaces, grounds and buildings.
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.
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.
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]
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]
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]
[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.
No person shall sweep into or deposit in any
gutter, street or other public place the accumulation of litter from
any building or lot or from any public or private sidewalk or driveway.
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 throw or deposit litter in any
fountain, pond, lake, stream, bay or any other body of water in the
city.
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.
No person shall throw or deposit litter from
a vehicle upon any street, sidewalk or other public place.
No person, while in an aircraft, shall throw
out, drop or deposit upon or within the city any litter, handbill
or any other object.
[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.
No person shall throw or deposit litter on any
open or vacant private property whether owned by such person or not.
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.
