Borough of Upper Saddle River, NJ Chapter 80 Littering

[HISTORY: Adopted by the Borough Council of the Borough of Upper Saddle River as Section 4-1 of Ch. IV of the Revised General Ordinances, 1971. Amendments noted where applicable]

GENERAL REFERENCES

Brush, grass and weeds — See Ch. 36.

Property maintenance — See Ch. 102.

Garbage, rubbish and refuse — See Ch. 183.

Public health nuisances — See Ch. 202.

§ 80-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

GARBAGE

Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

LITTER

Garbage, refuse and rubbish, as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

PUBLIC PLACE

Any and all streets, sidewalks, boulevards, alleys, beaches or other public ways, and any and all public parks, squares, spaces, docks, 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, leaves, wood, glass, bedding, crockery and similar materials.

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.

§ 80-2 Litter in public and private places and bodies of water.

No person shall sweep, throw, deposit or dump litter in or upon any occupied, open or vacant property, whether owned by such person or not, or in or upon any street, sidewalk, park or other public place or any pond, lake or stream or other body of water within the Borough, except in public receptacles or in authorized private receptacles for collection. 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.

§ 80-3 Depositing in streets and gutters; maintenance of sidewalks.

A. No person, including merchants 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.

B. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

§ 80-4 Burning and disposal on private property.

The dumping, burning or disposal of any household garbage or food waste by a resident on his own land or lands of any other person shall be prohibited.

§ 80-5 Covering of garbage receptacles.

It shall be unlawful for any person to keep or place garbage in any receptacle unless the receptacle is covered.

§ 80-6 Litter thrown from vehicles.

No person while a driver or passenger in a vehicle shall throw or deposit litter on any public place within the Borough or on private property.

§ 80-7 Transportation from outside Borough.

No person shall bring, cart, remove, transport or collect any litter from outside the Borough into the Borough for the purpose of dumping or disposing thereof. No truck or other vehicle containing litter which has been transported into the Borough shall be parked or allowed to remain standing on any street in the Borough or on any public property for a period in excess of two hours.

§ 80-8 Advertising materials.

No person shall cast or place or cause to be cast or placed any advertisement, handbill, circular or paper on any public street, on sidewalks, into any vestibules or yards, upon porches of any dwelling, house or other buildings or into any vehicle while on the public highways or on private property within the Borough, except that this section shall not apply to newspapers and addressed envelopes delivered to subscribers and addresses. Advertisements, handbills, circulars and papers may be distributed in the Borough, provided that they are securely placed at each dwelling so as not to be blown away by the wind.

§ 80-9 Violations and penalties.

[Added 5-8-1986 by Ord. No. 886]

A. Maximum penalty. For violation of any provision of this chapter, the maximum fine shall be in accordance with § 1-15 of this Code.

[Amended 9-8-1988 by Ord. No. 16-88]

B. Separate violations. Except as otherwise provided, each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.

C. Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.