[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.
- LITTER RECEPTACLE
- 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.
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.
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.