[HISTORY: Adopted by the Township Committee (now Township Council)
of the Township of Pohatcong 2-6-1973 as Ch. 49 of the
1973 Code. Other amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
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, deposited or stored as herein prohibited, tends
to create a danger to public health, safety and welfare.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
Any dwelling house, building or other structure designed or used
either wholly or in part for private residential purposes, whether inhabited
or temporarily or continuously uninhabited or vacant, and shall include any
yard, ground, walk, driveway, porch, steps or vestibule belonging or appurtenant
to such dwelling house, building or other structure.
Any street, sidewalk, alley or other public way, and any and all
public parks, squares, spaces, grounds and buildings.
Any structure or building owned or operated by the federal, county
or state government or any governmental agency.
All putrescible solid wastes (except body wastes), including garbage,
rubbish, ashes, street cleanings, dead animals and solid market and industrial
wastes.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as papers, wrappings, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery, building materials and similar materials.
The Township of Pohatcong.
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.
[Amended 11-12-1996]
A.
No person shall throw, dump, cast or deposit papers,
paper products, bottles, tin cans, containers, automobile parts, tires, junk,
unusable machines or parts of machines, metal, trash, garbage, asphalt or
asphalt products (with exception below), concrete or concrete products or
construction debris of any type, or other waste materials upon open fields,
woods or other public place; provided, however, that this section shall not
be construed to prohibit the placing of such materials as are removed from
the Township by persons, partnerships or corporations authorized to collect
garbage and other waste materials when the same are placed in suitable containers
for that purpose.
B.
Exception. Asphalt or asphalt products would be allowed
when these products would be used in the construction or maintenance of a
new or existing road or driveway in the Township. Examples of this would be
when asphalt millings are used in repair or replacement of a resident's
driveway or used as subbase in an existing roadway.
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.
No person 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 property shall keep the sidewalk in front of their premises free
of litter.
No person shall permit land to be covered with or contain refuse or
debris resulting from the construction activities or the demolishing of a
building, which refuse or debris has remained on the land for more than 30
days after the completion of the said construction activities or said demolition
work.
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; nor shall any person drive or move any vehicle
or truck within the Township the wheels or tires of which carry onto or deposit,
in any street, alley or other public place, mud, dirt, sticky substances or
foreign matter of any kind.
No person shall throw or deposit litter in any fountain, pond, lake,
stream, river or any other body of water in a park or elsewhere within the
Township.
Upon complaint of a violation of the provisions of this chapter by any
resident or property owner of the Township of Pohatcong, or any employee of
said Township, or upon his own motion, the Health Officer or Police Chief
or their designated agents shall make an investigation of the condition complained
of and report thereon, in writing, to the Township Clerk for the Township
Committee.[1]
[1]
Editor's Note: Now Township Council.
Upon receiving the report provided for in § 182-8, if the land in question about which the complaint was made is found to be in such condition that a violation of the provisions of this chapter hereof exists on said land, the Township Clerk shall notify the owner and tenant of said lands, in writing, either personally or by registered or certified mail, return receipt requested, to take such steps as will effectively remove said violation from said land within 10 days after receipt of said notice.
The Health Officer or Police Chief or their designated agents shall
reinspect the said lands after the ten-day period shall have expired, and
shall report, in writing, to the Township Clerk for the Township Committee[1] whether or not the unlawful condition complained of and previously
found to exist in violation of this chapter has been abated or remedied.
[1]
Editor's Note: Now Township Council.
In the event that the owner or tenant of said lands shall refuse or
neglect to abate or remedy the condition complained of and which constituted
a violation of this chapter within 10 days after receipt of notice so to do,
the Township Committee[1] shall cause the condition complained of to be abated and remedied.
[1]
Editor's Note: Now Township Council.
Upon removal of any of the materials prohibited to be stored or abandoned
on lands by this chapter, by or under the direction of the designated officer
or officers of this Township in cases where the owner or tenant shall have
refused or neglected to remove same in the manner and within the time provided
above, such officer or officers shall certify the cost thereof to the Township
Committee,[1] which shall examine the certificate and, if found correct, shall
cause the cost as shown thereon to be charged against said lands; the amount
so charged shall forthwith become a lien upon such lands and shall be added
to and become and form part of the taxes next to be assessed and levied upon
said lands, the same to bear interest at the same rate as taxes, and shall
be collected and enforced by the same officers and in the same manner as taxes.
[1]
Editor's Note: Now Township Council.
[Amended 9-3-2002 by Ord. No. 02-8]
Any person, firm or corporation convicted of a violation of any of the
provisions of this chapter shall, for a first offense, pay a fine in the amount
of $500 and for each and every subsequent offense, a fine of $1,250, be imprisoned
for a term not to exceed 90 days, or both.
