[HISTORY: Adopted the Board of Commissioners (now Borough Council) of the Borough of Beach Haven 12-12-1988 by Ord. No. 88-20. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 136.
Property maintenance — See Ch. 151.
Solid waste — See Ch. 173.
Streets and sidewalks — See Ch. 176.
As used in this chapter, the following terms shall have the meanings indicated:
LITTER
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, animal or fowl wastes or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction materials, and, without limitation, carpeting, rugs, freon, and any device, appliance or thing which contains, did contain or utilizes freon such as refrigerators, freezers, air conditioners and the like.
[Amended 10-13-1992 by Ord. No. 92-30]
A. 
It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than a litter receptacle.
B. 
Picnicking is specifically prohibited on all public streets.
C. 
It shall be unlawful for any owner, agent or contractor in charge of a construction, demolition or remodeling site to dispose of litter by placing it in receptacles not owned or under the care, custody and control of the owner, agent or contractor.
[Added 12-27-1988 by Ord. No. 88-21]
D. 
It shall be unlawful for any owner, agent or contractor to place for municipal collection any carpeting, rugs and the like in commercial and/or business areas and it shall be the responsibility of the owner, agent or contractor to privately contract for the removal of same.[1]
[Added 10-13-1992 by Ord. No. 92-30]
[1]
Former Subsection E, regarding freon-containing devices, which immediately followed, was repealed 10-13-2015 by Ord. No. 2015-28C.
A. 
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear quarter-mile without a receptacle; buildings held out for use by the public, including schools and government buildings; parks; drive-in restaurants; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; bus stations; marinas, boat moorage and fueling stations; boat 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. "Litter receptacle" means a container suitable for the depositing of litter.
B. 
No person or business shall place any garbage, litter, refuse, rubbish, trash or recyclable material or any other material of any sort, kind or description that would normally and rightfully be placed in their own garbage, trash or recyclables containers into any public receptacles that are designed to be used by pedestrians for the sanitation of the Borough of Beach Haven.
[Added 5-9-2011 by Ord. No. 2011-11C]
A. 
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 frequency as to prevent spillage of refuse.
B. 
It shall be unlawful for any owner, agent, contractor or builder in charge of a construction, demolition or remodeling site to dispose of the litter emanating from the construction site as a result of the work performed thereon by placing the litter for municipal collection. It shall be the responsibility of the owner, agent or contractor to privately contract for the removal of the aforesaid litter.
[Added 12-27-1988 by Ord. No. 88-21]
[Amended 5-9-2011 by Ord. No. 2011-11C]
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 except as may be permitted by Ordinance 97-7 and Ordinance 97-7A.[1] 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.
[1]
Editor's Note: See § 141-4.
It shall be unlawful for any person to discard or dump on or along any private property, street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances or furniture 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 the accumulation of any extraordinary bulk trash, including but not limited to household appliances, furniture and mattresses, except in a fully enclosed structure. During the months of July and August the disposal of extraordinary bulk trash shall be the responsibility of the property owner and it shall not be placed in the pickup zone for a period of time to exceed seven days.
It shall be unlawful for any residential or commercial property owner to store or permit the storage of tires, except in a fully enclosed structure.
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such a 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 dropped or spilled objects and shall pay the costs therefor.
[Added 9-26-1994 by Ord. No. 94-30; amended 10-13-2015 by Ord. No. 2015-28C]
It shall be unlawful to dispose of trash, litter, garbage or debris by placing it at any location other than the property where it was generated.
[Added 9-10-2012 by Ord. No. 2012-14C]
Any violations of Chapter 123 shall be punished as prescribed in the following subsections:
A. 
Penalties. As an accommodation to the taxpayers, residents and visitors to the Borough of Beach Haven, the Littering Ordinance will be enforced, in the first instance, by the imposition of civil penalties assessed by the Code Enforcement Officer of the Borough of Beach Haven or any police officer of the Beach Haven Police Department. A civil penalty notice issued by any of these enforcing officials shall bear a civil penalty of $100 for the first violation and $200 for the second violation. Third and subsequent violations shall be prosecuted in the Municipal Court of the Borough of Beach Haven by the issuance of a summons and complaint issued by any of the above-named officials of the Borough of Beach Haven.
B. 
Where any civil penalty assessed as provided in Subsection A above has not been paid and satisfied within 30 days of assessment, a summons issued from the Municipal Court of the Borough of Beach Haven shall be issued to the property owner of the offending property. The summons may be issued by the Code Enforcement Officer of the Borough of Beach Haven or a police officer of the Beach Haven Police Department, and any such summons shall be signed in the presence of the Court Clerk of the Municipal Court. Upon conviction, a defendant shall be subject to punishment pursuant to § 1-16A of the Code of the Borough of Beach Haven.