[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-16-1975 by Ord. No. 1046
as Sec. 3-1 of the Revised General Ordinances]
For the purpose of this article, the following terms shall have the
meanings indicated:
A litter storage or collection receptacle approved by the Borough.
Trimmings, rags, waste wood or cardboard and other combustible waste
solids of a nonvolatile or explosive nature.
Animal and vegetable wastes resulting from the handling, preparation,
cooking and consumption of food.
Any refuse, garbage, rubbish, paper wrappings, cans, leaves, wood,
glass or any substance and material which might affect the health and welfare
of the public or render the streets or public places unsightly.
Solid waste material which does not burn.
Any dwelling, house, building, or other structure, designated or
used either wholly or in part for private residential purposes, whether inhabited
or continuously uninhabited or vacant, and shall include any yard, grounds,
walk, driveway, porch, steps or vestibule, belonging or appurtenant to such
dwelling house, building or other structure.
Any or all streets, sidewalks, boulevards, alleys or other public
ways and any and all public parks, squares, spaces, grounds and buildings.
All solid waste, including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and solid market and industrial wastes.
Solid waste consisting of both combustible and noncombustible wastes
such as paper, wrappings, cigars, cigarettes, cardboard, tin cans, scrap metals,
yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
Every device in, upon, or by which any person or property is or may
be transported or drawn upon a street or highway.
No person shall throw or deposit any litter in or upon any public street,
sidewalk or other public place except the litter may be deposited in public
receptacles, authorized private receptacles or in official Borough dump sites
after acquiring a permit therefor.
No person shall sweep into or deposit in any gutter, street or other
public place the accumulation of any litter from any building or lot or from
any public or private sidewalk or driveway. Persons owning or occupying property
shall keep the sidewalk in front of the property free of litter. This provision
shall not apply to those periods of time fixed by the Borough for the collection
of litter.
No person, while a driver or passenger in a vehicle, shall throw or
deposit litter upon any street, public place or upon private property.
No person shall load, drive or move any truck or other vehicle unless
the vehicle is so constructed or loaded as to prevent any load, contents or
litter from being blown or deposited upon any street or other public place.
No person shall throw or deposit any litter in any fountain, stream,
river, skating rink or any other body of water in a park or recreation area
or elsewhere in the Borough.
No person shall throw or deposit litter on any occupied or vacant private
property, whether owned by such person or not, provided that the owner or
person in control of the property may maintain private receptacles for the
collection of litter.
The owner, agent, lessee, tenant, occupant or other person who manages
or controls a building or lot shall be jointly or severally responsible for
keeping the sidewalk, flagging, curbstone and the air shafts, areaways, backyards,
courts, parking lots and alleys free from litter.
[Adopted 4-20-2005 by Ord. No. 05-2352]
For the purpose of this article, the following terms, phrases, words
and their derivations shall have the meanings stated herein unless their use
in the text of this article 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 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 or garden waste, newspapers, 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, saw milling, farming or manufacturing.
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.
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.
Whenever any litter is thrown or discarded or allowed
to fall from a vehicle or boat in violation of this article, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed to have
violated this article.
C.
The provisions of this article shall be enforced by the
Police Department and the local Board of Health of the Borough of Bergenfield.
