[HISTORY: Adopted by the Mayor and Council
of the Borough of Andover 6-9-1969. Amendments noted where applicable.]
A.
BOROUGH
CONTAINERIZED
GARBAGE
LITTER
LITTER RECEPTACLE
PERSON
PET
PET OWNER/KEEPER
PET SOLID WASTE
PRIVATE PREMISES
PUBLIC PLACE
PUBLIC STRUCTURE OR BUILDING
REFUSE
RUBBISH
STREET
YARD WASTE
Definitions. For the purpose of this chapter, the
following terms, phrases, words and their derivations shall have the
meanings given herein:
The Borough of Andover, County of Sussex, State of New Jersey.
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
[Added 12-11-2023 by Ord. No. 2023-27[1]]
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber
or paper or other natural or synthetic material or any combination
thereof, including but not limited to any bottle, jar or can; any
top, cap or detachable tab of any bottle, jar or can; any unlighted
cigarette, cigar, match or any flaming or glowing material; any garbage,
trash, refuse, debris, rubbish, grass clippings or other lawn or garden
waste; or any newspaper, magazines, glass, metal, plastic or paper
containers or other packaging or construction material, but not including
the waste of the primary processes of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
[Amended 9-12-1988 by Ord. No. 256]
A container for the depositing of litter, whether it be a
metal or plastic can or drum, with or without a plastic liner, which
shall be emptied or serviced regularly by a proprietor, owner, lessee,
tenant, sponsor, occupant or person in charge of any dwelling, business
or activity. Plastic or paper bags not placed in a "litter receptacle"
as defined herein shall not be deemed to meet the requirement of this
chapter.
[Added 9-12-1988 by Ord. No. 256]
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state subject to municipal
jurisdiction or organization of any kind.
[Amended 12-11-2023 by Ord. No. 2023-27]
A domesticated animal, such as, for example, a dog or cat,
but not including a disability assistance animal, kept for amusement
or companionship.
[Added 12-11-2023 by Ord. No. 2023-27]
Any person who shall possess, maintain, house or harbor any
pet or otherwise have custody of any pet, whether or not the owner
of such pet.
[Added 12-11-2023 by Ord. No. 2023-27]
Waste matter expelled from the bowels of the pet; excrement
or feces.
[Added 12-11-2023 by Ord. No. 2023-27]
Any dwelling house, building or other structure designed
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, ground, walk, driveway, porch, steps or
vestibule belonging or appurtenant to such dwelling house, building
or other structure.
Any and all streets, sidewalks, alleys or other public ways
and any and all public parks, squares, spaces, grounds and buildings.
Any structure or building owned or operated by the federal,
county or state government or any governmental agency.
All putrescible solid wastes, except body wastes, including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, dismantled automobiles and parts thereof, scrap metal
junk, machinery and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper wrappings, cigarettes, cardboard,
tin cans, glass, bedding, crockery, building materials and similar
materials.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing state, county, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
[Added 12-11-2023 by Ord. No. 2023-27]
Leaves and grass clippings.
[Added 12-11-2023 by Ord. No. 2023-27]
[1]
Editor's Note: This ordinance also retitled the chapter from
"Littering and Handbills" to "Litter, Handbills and Clothing Bins."
B.
Word usage. When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
[Amended 9-12-1988 by Ord. No. 256; 12-11-2023 by Ord. No.
2023-27]
A.
It shall
be unlawful for any person to throw, drop, discard or otherwise place
litter upon any 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 section, the operator or owner, or both,
of the motor vehicle or boat shall also be deemed to have violated
this section.
[Amended 9-12-1988 by Ord. No. 256]
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, backyards, 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 owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the Borough any litter, and such persons shall keep the
sidewalk in front of their business premises free of litter.
[Amended 12-11-2023 by Ord. No. 2023-27[1]]
A.
Containerized
yard waste shall be placed only at the curb or along the street, shall
only be allowed during the seven days prior to a scheduled and announced
yard waste collection and shall not be placed closer than 10 feet
from any storm drain inlet.
B.
If noncontainerized
yard waste is placed in a street, or if containerized yard waste is
placed in a street more than seven days before a scheduled and announced
yard waste collection, or if containerized yard waste is placed closer
than 10 feet from any storm drain inlet, the person who generates
or is responsible for placement of yard waste must immediately remove
the yard waste from the street.
C.
The owner or occupant of any property, and any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste in the street, unless the yard waste is containerized, subject to the prohibitions set forth in Subsection A and B of this section.
[1]
Editor's Note: This ordinance also replaced former § 93-5,
"Litter thrown from vehicles."
A.
Requirement
for disposal. All pet owners and keepers are required to immediately
and properly dispose of their pet's solid waste deposited on any property,
public or private, not owned or possessed by that person. "Properly
dispose" means placement in a designated waste receptacle, or other
suitable container, and discarded in a refuse container which is regularly
emptied by the municipality or some other refuse collector; or disposal
into a system designed to convey domestic sewage for proper treatment
and disposal.
B.
Exemptions.
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this section while such
animal is being used for that purpose.
[1]
Editor's Note: This ordinance also replaced former § 93-6,
"Litter falling from vehicles."
No person shall throw or deposit litter in any
park within the Borough except in public receptacles and in such a
manner that the litter will be prevented from being carried or deposited
by the elements upon any part of the park or upon any street or other
public place. Where public receptacles are not provided, all such
litter shall be carried away from the park 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 a
park or elsewhere within the Borough.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any sidewalk, street or other
public place within the Borough nor shall any person hand out or distribute
or sell any commercial handbill in any public place; provided, however,
that it shall not be unlawful on any sidewalk, street or other public
places within the Borough for any person to hand out or distribute
without charge to the receiver thereof any noncommercial handbill
to any person willing to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any vehicle; provided, however,
that it shall not be unlawful in any public place for a person to
hand out or distribute, without charge to the receiver thereof, a
noncommercial handbill to any occupant of a vehicle who is willing
to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill upon any private premises,
if required by anyone thereon not to do so, or if there is placed
on said premises in a conspicious position near the entrance thereof,
a sign bearing the words: "No Trespassing," "No Peddlers or Agents."
"No Advertisement" or any similar notice, indicating in any manner
that the occupants of said premises do not desire to be molested or
have their right of privacy disturbed or to have any such handbills
left upon such premises.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill in or upon private premises
which are inhabited, except by handing or transmitting any such handbill
directly to the owner, occupant or other person then present in or
upon such private premises; provided, however, that in case of inhabited
private premises which are not posted, as provided in this chapter,
such person, unless requested by anyone upon such premises not to
do so, shall have the authority to place or deposit any such handbill
in or upon such inhabited private premises, if such handbill is so
placed or deposited as to secure or prevent such handbill from being
blown or drifted about such premises or sidewalks, streets or other
public places, and except that mailboxes may not be used when so prohibited
by federal postal law or regulations. The provisions of this section
shall not apply to the distribution of mail by the United States nor
to newspapers.
No person in an aircraft shall throw out, drop
or deposit within the Borough any litter, handbill or any other object.
No person shall post or affix any notice, poster
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 by
the owners thereof or required by law.
No person shall throw, deposit or store litter
on any occupied private property within the Borough, whether owned
by such person or not, except that the owner or person in control
of private property may maintain authorized private receptacles for
collection and removal of same in such manner that same shall not
be unsightly and detrimental to the surrounding neighborhood.
The owner or person in control of any private
property shall at all times maintain the premises free of litter,
particularly one or more automobile bodies, frames or chassis, one
or more automobiles unable to be self-propelled or one or more abandoned
automobiles; provided, however, that this section shall not prohibit
the storage of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any
open or vacant private property within the Borough, whether owned
by such person or not.
[Added 9-12-1988 by Ord. No. 256[1]]
It shall be unlawful for any person to discard
or dump on, off or along any street, road or right-of-way or on private
property, except by written consent of the owner of said property,
any litter, including but not limited to household or commercial solid
waste, rubbish, refuse, junk, vehicles, vehicle parts, rubber tires,
appliances or furniture in any place not specifically designated for
the purpose of solid waste storage or disposal.
[Added 9-12-1988 by Ord. No. 256[1]]
Litter receptacles and their servicing are required
at the following public places which exist in the municipality, including
sidewalks used by pedestrians in an active retail commercially zones
areas, such that at a minimum there shall be no single linear 1/4
mile without a receptacle: buildings held out for use by the public,
including schools, government buildings and railroad and bus stations;
parks; drive-in restaurants; all street vendor locations; self-service
refreshment areas; construction sites; gasoline service station islands;
shopping centers; parking lots; campgrounds and trailer parks; marinas
and boat moorage and fueling stations; boat and launching areas; public
and private piers operated for public use; beaches and bathing areas;
and at special events to which the public is invited, including sporting
events, parades, carnivals, circuses and festivals. 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.
[Added 9-12-1988 by Ord. No. 256]
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.
[Added 9-12-1988 by Ord. No. 256]
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.
[Added 9-12-1988 by Ord. No. 256]
It shall be unlawful for any person to keep
or permit the keeping on streets, vacant lots and residential lawns,
except in as fully enclosed structure, any motor vehicle, trailer
or semitrailer which is missing tires, wheels, engine or any essential
parts; which displays extensive body damage or deterioration; which
does not display a current valid state license plate; or which is
wrecked, disassembled or partially disassembled.
[Added 9-12-1988 by Ord. No. 256]
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.
[Added 9-12-1988 by Ord. No. 256]
It shall be unlawful for any residential or
commercial property owner to permit open or overflowing waste disposal
bins on his or her property.
[Amended 12-11-2023 by Ord. No. 2023-27]
The provisions of this chapter shall be administered
and enforced by the Borough Code Enforcement Officer and/or his/her
designee(s) and as part of his/her responsibilities may make and sign
complaints for violations in the Municipal Court of the Borough.
[Amended 6-9-1986 by Ord. No. 224]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties provided for in Chapter 1, General Provisions, § 1-15. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
[Added 4-12-2010 by Ord. No. 2010-1]
A.
SOLICITATION or SOLICIT
Definitions. For the purposes of this section, the following terms
shall have the meanings indicated:
The request, directly or indirectly, for money, credit, property,
financial assistance, or other thing of any kind of value. Solicitation
shall include but not be limited to the use or employment of canisters,
cards, receptacles or similar devices for the collection of money
or other thing of value. A solicitation shall take place whether or
not the person making the solicitation receives any contribution.
B.
Permit required. Notwithstanding any other provision of law to the
contrary, no person shall place, use or employ a donation clothing
bin, for solicitation purposes, unless all of the following requirements
are met:
(1)
The person has obtained a permit, valid for a specified period of
time, from the Borough, in accordance with the following:
(a)
In applying for such a permit, the person shall include:
[1]
The location where the bin would be situated, as precisely as
possible;
[2]
The manner in which the person anticipates any clothing or other
donations collected via the bin would be used, sold, or dispersed
and the method by which the proceeds of collected donations would
be allocated or spent;
[3]
The name and telephone number of the bona fide office required pursuant to Subsection B(5) of this section, of any entity which may share or profit from any clothing or other donations collected via the bin; and
[4]
Written consent of the property owner to place the bin on his
property.
(2)
The Borough shall not grant an application for a permit to place,
use or employ a donation clothing bin if it determines that the placement
of the bin could constitute a safety hazard. Such hazards shall include
but not be limited to the placement of a donation clothing bin within
100 yards of any place which stores large amounts of, or sells, fuel
or other flammable liquids or gases.
(3)
An expiring permit for a donation clothing bin may be renewed upon
application for renewal and payment of the fee imposed for such renewal.
Such application shall include:
(a)
The location where the bin is situated, as precisely as possible,
and, if the person intends to move it, the new location where the
bin would be situated after the renewal is granted, and written consent
from the property owner to place the bin on his property;
(b)
The manner in which the person has used, sold, or dispersed
any clothing or other donations collected via the bin, the method
by which the proceeds of collected donations have been allocated or
spent, and any changes the person anticipates it may make in these
processes during the period covered by the renewal; and
(4)
The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin, in addition to the information required pursuant to Subsection B(5) of this section.
(5)
The
person, and any other entity which may share or profit from any clothing
or other donations collected via the bin, maintains a bona fide office
where a representative of the person or other entity, respectively,
can be reached at a telephone information line during normal business
hours for the purpose of offering information concerning the person
or other entity. For the purposes of this subsection, an answering
machine or service unrelated to the person does not constitute a bona
fide office.
(6)
The
following information is clearly and conspicuously displayed on the
exterior of the donation clothing bin:
(a)
The name and address of the registered person that owns the
bin and of any other entity which may share or profit from any clothing
or other donations collected via the bin;
(b)
The telephone number of the person's bona fide office and, if
applicable, the telephone number of the bona fide office of any other
entity which may share or profit from any clothing or other donations
collected via the bin;
(c)
In cases when any entity other than the person who owns the
bin may share or profit from any clothing or other donations collected
via the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin, their proceeds, or both, may be shared, or given entirely
to, an entity other than the person who owns the bin, and identifying
all such entities which may share or profit from such donations; and
(d)
A statement, consistent with the information provided to the Borough in the most recent permit or renewal application in Subsection B(1) and (3) of this section, indicating the manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold or dispersed and the method by which the proceeds of collected donations would be allocated or spent.
C.
Enforcement.
(1)
The Borough shall receive and investigate, within 30 days, any complaints
from the public about the bin. Whenever it appears to the Borough
that a person has engaged in or is engaging in any act or practice
in violation of Section 2 of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60
et seq.), or this section, or constitutes a health or safety concern,
the person who placed the bin shall be issued a warning, stating that
if the violation is not rectified or a hearing with the Borough is
not requested within 45 days, the bin will be seized or removed at
the expense of the person who placed the bin, and any clothing or
other donations collected via the bin will be sold at public auction
or otherwise disposed of. In addition to any other means used to notify
the person who placed the bin, such warning shall be affixed to the
exterior of the bin itself.
(2)
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the Borough may seize the bin, remove it, or have it
removed, at the expense of the person who placed the bin, and sell
at public auction or otherwise dispose of any clothing or other donations
collected via the bin. Any proceeds from the sale of the donations
collected via the bin shall be paid to the Chief Financial Officer
of the Borough.
D.
Penalties. In addition to any other penalties or remedies authorized
by the laws of this state, any person who violates any provision of
P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.) or this section which
results in seizure of the donation clothing bin shall be:
(1)
Subject to a penalty of up to $20,000 for each violation. The Borough
may bring this action in the Municipal Court or Superior Court as
a summary proceeding under the Penalty Enforcement Law of 1999, P.L.
1999, c. 274 (N.J.S.A. 2A-58-10 et seq.), and any penalty monies collected
shall be paid to the Chief Financial Officer of the municipality;
and
(2)
Deemed ineligible to place, use or employ a donation clothing bin
for solicitation purposes pursuant to Section 2 of P.L. 2007, c. 209
(N.J.S.A. 40:48-2.61) and this section. A person disqualified from
placing, using or employing a donation clothing bin by violating the
provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.) and
this section may apply to the Borough to have that person's eligibility
restored. The Borough may restore the eligibility of a person who:
(3)
Penalties shall be the joint and several responsibility of both the
bin owner and the property owner.
