[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.]
GENERAL REFERENCES
Recycling — See Ch. 237, Art. I.
Garbage, rubbish and refuse - See Ch. 296.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
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.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
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.
PUBLIC PLACE
Any street, sidewalk, alley or other public way, and any and all public parks, squares, spaces, grounds and buildings.
PUBLIC STRUCTURE OR BUILDING
Any structure or building owned or operated by the federal, county or state government or any governmental agency.
REFUSE
All putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.
RUBBISH
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.
TOWNSHIP
The Township of Pohatcong.
VEHICLE
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.
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.