[HISTORY: Adopted by the Mayor and Borough Council of the Borough
of Rocky Hill 11-15-1999 by Ord. No. 8-99. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any unused or unconsumed substance or material which has been discarded,
whether made of glass, aluminum, liquid, 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 cigarette, cigar, match or any flaming or glowing material
or any garbage, trash, refuse, debris rubbish, grass clippings or other other
lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper
containers or other packaging or construction material. The term "litter"
shall not include material in compost piles or mulching material on private
property, which is not intending to be prohibited by this chapter.
Any dwelling or structure, whether or not occupied, as well as any
yards, grounds, sidewalk, wall, fence, driveway, porch, steps, vestibule or
mailbox belonging to or appurtenant to such dwelling or structure.
The areas from the side edge of any highway, street or road, whether
or not curbed, to and including the sidewalk, if any, and if no sidewalk,
to the front property line of the adjacent private property, and all areas
used for any public park, playground, municipal buildings or other installation,
including driveways, parking areas, walks, paths and other public ways thereupon.
A.
Litter prohibited. It is unlawful for any person to throw,
drop, discard, or otherwise place litter of any nature upon any public or
private property other than in a litter receptacle.
B.
Illegal dumping. It is unlawful for any person to discard
or dump along any street or road, on or off any right-of-way, any household
or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts,
rubber tires, appliances, furniture, or private property, except by written
consent of the owner of said property, in any place not specifically designated
for the purpose of solid waste storage or disposal.
C.
Uncovered vehicles. It is unlawful for any vehicle to
be driven, moved, stopped or parked, on any public roadway unless such vehicle
is constructed, covered or loaded to prevent any of its load from dropping,
sifting, leaking or otherwise escaping therefrom. Any person operating such
vehicle from which any materials which constitute litter have fallen or escaped,
which could cause an obstruction, damage a vehicle, or otherwise endanger
travelers or public property, must immediately cause the public property to
be cleaned of all such materials and must pay the costs therefor.
D.
Construction site. It is unlawful for any owner, agent
or contractor in charge of a construction or demolition site to permit the
accumulation of litter before, during, or immediately following completion
of any construction or demolition project. It is 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.
The provisions of this chapter shall not apply to mail delivered by
the United States Postal Service, newspapers and other periodicals and handbills
whose distribution is protected by the rights of free speech.
A.
Maximum penalty. Any person violating any of the provisions
of this chapter shall, upon conviction thereof, pay a penalty of not more
than $500 for each offense. Complaint shall be made in the Municipal Court
of the Borough or before another judicial officer having authority under the
laws of the State of New Jersey. The Court shall have the power to impose
any other and additional penalties provided by law.[1]
B.
Separate violations. Except as otherwise provided, each
and every day in which a violation of any of the provisions of this chapter
exists shall constitute a separate violation, and an additional fine may be
assessed for each day in which such violation occurs or continues.
C.
Application. Maximum penalties stated herein are not
intended to fix an appropriate penalty for each violation. A less penalty,
a minimal penalty, or no penalty at all may be appropriate for a particular
case or a particular violation at the discretion of the Borough Magistrate.
D.
Nothing herein contained shall be deemed to limit the
Borough of Rocky Hill or anyone acting in its behalf from enforcing such other
or additional penalties or remedies as may be provided by law or by any ordinance.
