[HISTORY: Adopted by the Borough Council of the Borough of Bay Head 9-19-2006
by Ord. No. 2006-12. Amendments noted where applicable.]
The purpose of this chapter is to establish requirements to control
littering in the Borough of Bay Head, so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings stated herein unless their use
in the text of this chapter clearly demonstrates a different meaning. 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.
Any used or unconsumed substance or waste material that 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, newspapers, magazines,
glass, metal, plastic or paper containers or other packaging or construction
material.
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.
A.Â
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.Â
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.
This chapter shall be enforced by the Police Department, Zoning Officer
and Code Enforcement Officer of the Borough of Bay Head.
Any person who violates this chapter or fails to comply with any of
its requirements shall, upon conviction thereof, be subject to the maximum
fines and penalties established under N.J.S.A. 40:49-5 and as same may be
amended from time to time. Each and every day a violation of this chapter
shall exist shall constitute a separate violation.
