Atlantic County, NJ
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Chosen Freeholders (now Board of County Commissioners) of Atlantic County 3-14-1989 by Ord. No. 6-1989. Amendments noted where applicable.]
Landfills — See Ch. 89.
Public health nuisances — See Ch. 92.
For purposes of use in this chapter, the following terms, phrases, words and their deviations shall have the meanings given herein:
Any aircraft, vessel, vehicle, other equipment or container.
Any land, water or building owned by and controlled or leased, occupied and controlled by the county, including any land or water used for recreation or conservation purposes, and any street, road, highway, alley, sidewalk or other right-of-way.
Any waste or combination of waste which poses a present or potential threat to human health, living organisms or the environment. "Hazardous waste" shall include but not be limited to waste material that is toxic, corrosive, irritating, sensitizing, radioactive, biologically infectious, explosive or flammable.
Any used or unconsumed substance or waste material measuring less than one cubic foot 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 lighted or 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.
Garbage, refuse and other discarded materials resulting from industrial, commercial and agricultural operations and from domestic and community activities and shall include all other waste materials, including liquids, except for liquids which are treated in public sewage treatment plants and except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms.
No person shall throw, drop, discard or otherwise place any litter upon county property other than in a litter receptacle. With respect to any litter thrown from a conveyance, whether in motion or not when such conveyance is on county property, there shall be a rebuttable presumption that the registered owner of the conveyance, if present in the conveyance, or, in his or her absence, the driver of the conveyance, is presumed to be responsible for any violation of this section, if:
A bundle, object, article or debris of any nature is thrown or dropped from the conveyance by an occupant of the conveyance;
There are two or more occupants in the conveyance; and
It cannot be determined which occupant of the conveyance is the violator.
No person shall discard or dump any solid waste in any place not specifically designated and authorized pursuant to N.J.S.A. 13:1E-1 et seq. for the purposes of solid waste collection, storage or disposal.
No person shall discard or dump any hazardous waste in any place not specifically designated and authorized pursuant to N.J.S.A. 13:1E-1 et seq. for purposes of hazardous waste collection, storage or disposal.
Any person convicted of violating § 90-2A of this chapter shall be subject to a fine of not less than $100 nor more than $500 for each offense.
The Atlantic County Division of Public Health may initiate legal proceedings pursuant to N.J.S.A. 26:3A2-25 and N.J.S.A. 13:1E-9f against any person violating § 90-2B or C of this chapter and violators shall be subject to the penalties specified in said statutes, or any amendments thereto, and to the forfeiture provisions specified in N.J.S.A. 13:1K-1 et seq., or any amendments thereto.
Any person convicted of violating § 90-2C of this chapter shall be guilty of a crime of the third degree and shall be subject to the penalties specified in N.J.S.A. 13:1E-9g(5) and N.J.S.A. 2C:43-2, or any amendments thereto.
Section 90-2A of this chapter shall be enforceable by any law enforcement officer and by any Atlantic County Public Health Official.
Section 90-2B of this chapter shall be enforceable only by Atlantic County Public Health Officials.
Section 90-2C of this chapter shall be enforceable with respect to the criminal penalties by any law enforcement officers and by the Atlantic County Public Health Officials, with respect to the civil penalties.
Nothing in this chapter is intended to, nor shall be construed to limit the jurisdiction of the Atlantic County Division of Public Health or the Department of Environmental Protection to enforce violations of the Solid Waste Management Act, the County Environmental Health Act or Chapter 92 of the Atlantic County Administrative Code,[1] nor to limit the jurisdiction of law enforcement officials to prosecute for the violation of statutes not covered by the terms of this chapter.
Editor's Note: See N.J.S.A. 131E-1 et seq., N.J.S.A. 26:3A2-21 et seq. and Ch. 92, Public Health Nuisance, of this Code, respectively.