[HISTORY: Adopted by the Governing Body of
the Borough of Allendale 8-11-1988. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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,
newspaper, magazines, glass, metal, plastic or paper containers or
other packaging or construction material, but does not include 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.
[Amended 2-28-2006]
[Amended 2-28-2006]
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 chapter, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this chapter.
[Amended 5-28-2015]
It shall be unlawful for any person to discard or dump on or
along any private or public property, including but not limited to
any street or road, on or off any right-of-way, any household or commercial
solid waste, rubbish, refuse, junk, debris, 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.
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.
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.
It shall be unlawful for any residential property
owner to park or permit the parking of any vehicle on his or her residential
lawn.
It shall be unlawful for any person to keep
or permit the keeping on streets, vacant lots and residential lawns,
except in a fully enclosed structure, any motor vehicle, trailer or
semitrailer which is missing tires, wheels, engine or any essential
parts or which displays extensive body damage or deterioration or
which does not display a current, valid state license or which is
wrecked, disassembled or partially disassembled.
It shall be unlawful for any vehicle to be driven,
moved, stopped or parked on any highway unless such vehicle is constructed
or loaded to prevent any of its load from dropping, sifting, leaking
or otherwise escaping therefrom. Any person operating a vehicle from
which any glass or objects have fallen or escaped, which could cause
an obstruction, damage a vehicle or otherwise endanger travelers or
public property shall immediately cause the public property to be
cleaned of all glass or objects and shall pay the costs therefor.
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.
It shall be unlawful for any residential or
commercial property owner to permit open or overflowing waste disposal
bins on his or her property.
It shall be the duty of the owner, lessee, tenant,
occupant or person in charge of any structure to keep and cause to
be kept the sidewalk and curb abutting the building or structure free
from obstruction or nuisances of every kind and to keep sidewalks,
areaways, back yards, courts and alleys free from litter and other
offensive material. No person shall sweep into or deposit in any gutter,
street, catch basin or other public place any accumulation of litter
from any public or private sidewalk or driveway. Every person who
owns or occupies property shall keep the sidewalk in front of his
or her premises free of litter. All sweepings shall be collected and
properly containerized for disposal.
No person shall throw, put or place or cause
to be thrown, put or placed in any stream or ditch in the Borough
of Allendale any litter, substance, matter or thing whatsoever whereby
the free and unobstructed use of the stream or ditch may be in any
way impeded or interfered with or whereby the same may be rendered
unsightly, unsanitary or polluted.
A.
Litter receptacles and their servicing are required
at the following public places which exist in the municipality, including:
(1)
Sidewalks used by pedestrians in active retail commercially
zoned areas, such that at a minimum there shall be no single linear
0.1 mile without a receptacle.
(2)
Buildings held out for use by the public, including
schools, government buildings and railroad and bus stations.
(3)
Parks.
(4)
Drive-in restaurants.
(5)
All street vendor locations.
(6)
Self-service refreshment areas.
(7)
Construction sites.
(8)
Gasoline service station islands.
(9)
Shopping centers.
(10)
Parking lots.
(11)
Beaches and bathing areas.
(12)
At special events to which the public is invited,
including sporting events, parades, carnivals, circuses and festivals.
B.
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.
[Amended 9-10-1992]
A.
Any person or entity who shall violate any of the
provisions of this chapter or any order promulgated hereunder shall,
after a summons is issued under the terms hereof, upon conviction,
be punished as follows:
B.
Each violation of any of the provisions of this chapter
and each day that each such violation shall continue shall be deemed
to be a separate and distinct offense.
[Added 2-8-2006]
Each section, subsection, sentence, clause and
phrase of this chapter is declared to be an independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion of this chapter to be unconstitutional, void, or ineffective
for any cause, or reason, shall not affect any other portion of this
chapter.
[Added 2-8-2006]
All other ordinances of the Borough, or parts
thereof, which are in conflict with this chapter are hereby repealed
to the extent of such conflict.
[Added 2-8-2006]
This chapter shall be in full force and effect
from and after its adoption and any publication as may be required
by law.
