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]
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 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. 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.
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 4-11-2005 by Ord. No. 2005-4]
It shall be unlawful for the operator, owner
or any person in a motor vehicle or boat to throw, allow to fall or
discard litter of any nature from the vehicle or boat.
[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.