[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
Cleanup of hazardous materials — See Ch. 178, Art. I.
Property maintenance — See Ch. 232.
Solid waste — See Ch. 266.
[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:
AUTHORIZED PRIVATE RECEPTACLE
A litter storage or collection receptacle approved by the Borough.
COMBUSTIBLE WASTE
Trimmings, rags, waste wood or cardboard and other combustible waste solids of a nonvolatile or explosive nature.
GARBAGE
Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
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.
NONCOMBUSTIBLE WASTE
Solid waste material which does not burn.
PRIVATE PREMISES
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.
PUBLIC PLACE
Any or all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
All solid waste, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
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.
VEHICLE
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 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 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.
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 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.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
PERSON
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.
D. 
Any person(s) who is found to be in violation of the provisions of this article shall be subject to penalties consistent with Chapter 1, Article II, General Penalty.