[HISTORY: Adopted by the Township Council
of the Township of Medford 3-16-1981 as Ord. No. 1981-6. Amendments noted where
applicable.]
A.
Word usage. When not inconsistent with the context,
words used in the present tense in this chapter 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.
B.
AIRCRAFT
AUTHORIZED PRIVATE RECEPTACLE
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
GARBAGE
LITTER
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRINCIPAL ADVERTISER
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
TOWNSHIP
VEHICLE
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air, including helicopters
and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter of literature
which:
Advertises for sale any merchandise, product,
commodity or thing.
Directs attention to any business or mercantile
or commercial establishment or other activity for the purpose of either
directly or indirectly promoting the interest thereof by sales.
Directs attention to or advertises any meeting,
theatrical performance, exhibition or event of any kind for which
an admission fee is charged for the purpose of private gain or profit.
The terms of this subsection shall not apply where an admission fee
is charged or a collection is taken up for the purpose of defraying
the expenses incident to such meeting, theatrical performance, exhibit
or event of any kind, when either of the same is held, given or takes
place in connection with the dissemination of information which is
not restricted under the ordinary rules of decency, good morals, public
peace, safety and good order; provided, however, that nothing contained
in this subsection shall be deemed to authorize the holding, giving
or taking place of any meeting, theatrical performance, exhibition
or event of any kind without a license where such license is or may
be required by law of this state or under any ordinance of the township.
While containing reading matter other than advertising
matter, is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as advertiser or distributor.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any newspaper of general circulation (as defined by general
law), any newspaper duly entered with the Post Office Department of
the United States in accordance with federal statute or regulation
and any newspaper filed and recorded with any recording officer as
provided by general law. In addition thereto, "newspaper" shall mean
and include any periodical or current magazine regularly published
with not less than four (4) issues per year and sold to the public.
The term "newspaper" shall not include publications delivered free
of charge, not at the request of the property owner, which consist
primarily of advertising material. Such publications are, for the
purposes of this chapter, to be considered commercial handbills.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper booklet or
any other printed or otherwise reproduced original copies of any matter
of literature not included in the aforesaid definitions of a commercial
handbill or newspaper.
A park, reservation, playground, recreation center or any
other public area in the township, owned or used by the township and
devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
In a commercial handbill, the person, firm or corporation
whose advertising message occupies a substantial amount of the advertising
space in the handbill, such that it appears to be the sponsor of the
handbill.
Any dwelling house, building or other structure designed
or used, either wholly or in part, for private residential purposes,
whether uninhabited or temporarily or continuously inhabited or vacant,
including but not limited to any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling
house, building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways, paved or unpaved, and any and all public parks, squares,
spaces, grounds and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery and similar
materials.
The Township of Medford.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
No person shall throw or deposit litter in or
upon any street, sidewalk or other public place within the township
except in public receptacles for collection.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such a manner
as to prevent it from being carried or deposited by the elements upon
any street, sidewalk or other public place or upon private property.
No person shall throw or deposit litter in,
at or about the township landfill except within the confines of said
landfill or at a location specified therein if a township employee
is present and specifies a location, nor shall any person throw or
deposit litter at said landfill or attempt to do so except during
the hours permitted, as established by the Township Manager or his
designee in the Department of Public Works.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the township the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons
owning or occupying places of business within the township shall keep
their business premises free of litter.
[Added 8-7-1995 byOrd. No. 1995-13[1]]
A.
Litter receptacles and their servicing are required
at the following public places which exist within the municipality,
including sidewalks used by pedestrians in active retail and commercially
zoned areas:
(1)
Buildings held out for the use by the public, including
schools, government buildings, railroad and bus stations.
(2)
Parks.
(3)
Drive-in restaurants.
(4)
Off-street vendor locations.
(5)
Self-service refreshment areas.
(6)
Construction sites.
(7)
Gasoline service stations.
(8)
Shopping centers.
(9)
Parking lots held out for use by the public.
(10)
Campgrounds and trailer parks.
(11)
Boat launching areas.
(12)
Public and private piers and beaches operated for
public use.
(13)
Special events to which the public is invited, including
sporting events, parades, carnivals, circuses and festivals.
B.
A "litter receptacle" shall mean a container suitable
for the depositing of litter, as so determined by the Director of
Public Works.
[Added 8-7-1995 by Ord. No.1995-13[1]]
It shall be unlawful for any owner, agent, contractor
or subcontractor in charge of or working at a construction or demolition
site to permit the accumulation of litter before, during or after
completion of any such project. It shall be the duty of the owner,
agent, contractor or subcontractor in charge of the work at the construction
site to furnish containers adequate to accommodate flyable or nonflyable
debris, trash or litter at areas convenient to the construction project
and to maintain and empty the receptacles in such a manner and with
such frequency as to prevent spillage of refuse and in compliance
with all existing local, state and federal regulations.
No person while a driver or passenger in a vehicle
shall throw or deposit litter upon any street or other public place
within the township or upon private property.
No person shall drive or move any truck or other
vehicle within the township unless such vehicle is so constructed
or loaded as to prevent any load or contents of litter from being
blown or deposited upon any street, alley or other public place or
property.
No person shall throw or deposit litter in any
fountains, pond, stream or any other body of water within the township.
No person in any aircraft shall throw out, drop
or deposit within the township any litter, handbill or any other object.
No person shall throw or deposit litter on any
occupied or unoccupied private property within the township, whether
owned by such person or not, except that the owner or person in control
of private property may maintain authorized private receptacles for
collection in such a manner that litter will be prevented from being
carried or deposited by the elements upon any street, sidewalk or
other public place or upon any private property. "
The owner or person in control of any property
shall at all times maintain the premises free of litter; provided,
however, that this section shall not prohibit the storage of litter
in authorized private receptacles for collection.
No person shall throw or deposit litter on any
open or vacant property within the township, whether owned by such
person or not.
No person shall throw or deposit litter in or
upon any commercial or industrial place except in approved receptacles.
Persons owning or in control of commercial or industrial places must
provide receptacles for litter of sufficient size to be adequate for
the area. Owners or tenants are completely responsible for the policing
of the premises. Upon complaint of any citizen or township officials
of trash or litter, if it can be determined from which store or place
of business the trash originated, the owner(s) or tenant(s) will be
held responsible.
The owner of any animal that violates this chapter
shall be subject to the same penalty as provided for violations generally.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any sidewalk, street or other
public place within the township, nor shall any person hand out, distribute
or sell any commercial handbill in any public place; provided, however,
that it shall not be unlawful for any person to hand out or distribute,
without charge to the receiver thereof, any noncommercial handbill
to any person willing to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any vehicle; provided, however,
that it shall not be unlawful in any public place for a person to
hand out or distribute, without charge to the receiver thereof, a
noncommercial handbill to any occupant of a vehicle who is willing
to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill upon any private premises
if requested by anyone thereon not to do so or if there is placed
on said premises in a conspicuous position near the entrance thereof
a sign bearing the words "No Trespassing," "No Peddlers or Agents,"
"No Advertisement" or any similar notice indicating in any manner
that the occupants of said premises do not desire to be molested or
have their rights of privacy disturbed or to have any such handbills
left upon such premises.
A.
Distribution restricted.
(1)
No person shall throw, deposit or distribute, or cause to be thrown, deposited or distributed, any commercial or noncommercial handbill in or upon private premises which are inhabited if the owner of said premises has either posted said premises as specified in § 89-20 or notified the publisher or distributor of said handbill, by certified mail, return receipt requested, that no handbills are to be delivered to said premises. In the case of premises which are not posted and for which no notice has been sent, a person may place or deposit handbills thereupon, being careful to secure the same and prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places; mailboxes may not be so used when so prohibited by federal postal law or regulations.
(2)
Distributors of any commercial or noncommercial handbills on premises which are not posted, or which have not provided notification as specified in Subsection A(1), are restricted to distribution between the hours of 9:00 a.m. and 5:00 p.m.
[Added 4-19-1993 by Ord. No. 1993-6]
(3)
All persons distributing handbills in or upon private premises under this subsection are hereby required to register this activity with the Medford Township Police Department, which registration shall state the distributor's identity, address, employer and desired areas and time of distribution within the township and which registration shall take place prior to any distribution of such handbills, at which time a registration fee as set forth in Chapter 71 of the Code of the Township of Medford is due and payable to the Township of Medford.
[Added 4-19-1993 by Ord. No. 1993-6]
B.
Exemption for mail and newspapers. The provisions of § 89-20 and Subsection A of this section shall not apply to the distribution of mail by the United States nor to newspapers, as defined herein, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
C.
The provisions of § 89-20 and Subsection A of this section shall not apply to the distribution of any noncommercial handbill, the entire content of which consists of solely political and/or religious written material, except that distributors of such noncommercial handbills are required to secure the same in accordance with Subsection A(1).
[Amended 4-19-1993 by Ord. No. 1993-6]
No person shall post or affix any notice, poster
or other paper or device calculated to attract the attention of the
public to any lamppost, public utility pole or shade tree or upon
any public structure or building except as may be authorized or required
by law.
A.
There shall be a rebuttable presumption that an owner
or person in control of any private property has violated this chapter
and failed to keep and maintain the premises free of litter, as the
term is used in this chapter, if the litter, as defined herein, remains
on the property and unremoved for a period in excess of 24 hours.
B.
No notice or warning by or to any person is required
prior to the issuance of a summons or complaint for any violation
of this chapter; however, nothing herein shall be deemed to prevent
the issuance of said notice or warning permitting a reasonable time
period for the removal of litter prior to the issuance of said summons
or complaint.
C.
The fact of the charging or conviction of any person
for the throwing or depositing of litter in violation of this chapter
shall not relieve the owner or person in control of any private property
of the responsibility to keep and maintain the property free of litter
in accordance with the provisions of this chapter.
D.
The provisions of this chapter shall not apply to
the officers and employees of the Township Department of Public Works
in the exercise of their trash collection activities; nor shall the
provisions hereof apply to the deposit and maintenance of litter in
a location, suitably enclosed in a second trash dumpster, trash can
or trash bag, along the street line, suitable for township or other
authorized trash collection, for a period not to exceed one week.
[Amended 5-16-1989 by Ord. No.1989-12]
A.
Any person, firm, corporation or other entity convicted
of a violation of this chapter or any section thereof shall be punished
by a fine of not less than $250 nor more than $750 if said conviction
constitutes a first offense. For any second or subsequent offense,
said person, firm, corporation or other entity shall be sentenced
to a fine of not less than $1,000 nor more than $2,000 or a term of
imprisonment not to exceed 90 days, or both, in the discretion of
the sentencing court. The fine may be suspended at the discretion
of the court. In addition, any person, firm, corporation or other
entity convicted of a violation of this chapter shall pay all expenses
incurred for the removal of said litter. The Township Department of
Public Works may, with or without notice, undertake said removal.
The Director of the Township Department of Public Works shall then
provide an account of the expenses incurred in said removal to be
used in the prosecution of violations under this chapter.
[Amended 6-22-2010 by Ord. No. 2010-14]
B.
Each day that litter thrown or deposited in violation
of this chapter remains at the location of the violation after notice
has been given to the violator to remove the same shall constitute
a separate violation. Separate violations shall continue for each
day the violator fails to remove the litter in an appropriate manner.
C.
The provisions of this chapter shall be read together
with N.J.S.A. 13:1E-99.3.