[Adopted 11-6-1974 by Ord. No. 992 as
Ch. 57 of the 1967 Code]
This article shall be known and may be cited
as the "Anti-Litter Ordinance of the Borough of Ridgefield."
For the purposes of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein. 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.
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 or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
NEWSPAPER
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, and, in addition thereto, shall mean and
include any periodical or current magazine regularly published with
not fewer than four (4) issues per year and sold to the public.
PARK
A park, reservation, playground, boardwalk, beach, recreation
center or any other public area in the Borough owned or used by the
Borough and devoted to active or passive recreation.
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, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
PUBLIC PLACE
Any and all streets, sidewalks, beaches, boardwalks, boulevards,
alleys or other public ways and any and all public parks, squares,
spaces, grounds and buildings.
REFUSE
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.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, 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 highway, including devices
used exclusively upon stationary rails or tracks.
No person shall throw or deposit litter in or
upon any street, sidewalk, beach, boardwalk or other public place
within the Borough, except in public receptacles, in authorized private
receptacles for collection or in official Borough dumps.
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 sweep into or deposit in any
gutter, street or other public place within the Borough 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 owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the Borough 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 Borough shall keep
the sidewalk in front of their business premises free of litter.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street or other public
place within the Borough or upon private property.
No person shall drive or move any truck or other
vehicle within the Borough unless such vehicle is so constructed,
or loaded, as to prevent any load, contents or 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 Borough the
wheels or tires of which carry onto or deposit in any street, alley
or other public place mud, dirt, sticky substances, litter or foreign
matter of any kind.
No person shall throw or deposit litter in any
park within the Borough except in public receptacles and in such a
manner that the litter will be prevented from being carried or deposited
by the elements upon any part of the park or upon any street or other
public place. Where public receptacles are not provided, all such
litter shall be carried away from the park by the person responsible
for its presence and properly disposed of elsewhere, as provided herein.
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.
No person shall throw or deposit litter on any
occupied private property within the Borough, 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.
[Amended 4-25-1988 by Ord. No. 1348]
A. The owner or person in control of any private property
shall, at all times, maintain the premises free of litter; provided,
however, that this subsection shall not prohibit the storage of litter
in authorized private receptacles for collection.
B. It shall be unlawful for the owner or person in control
of any residential property to permit the storage of tires in areas
zoned residential, except in a fully enclosed structure or on days
designated for the collection of tires.
C. It shall be unlawful for the owner or person in control
of any residential property to store or permit storage of any bulky
household waste, including but not limited to household appliances,
furniture and mattresses, in areas zoned residential, except in a
fully enclosed structure or on days designated for the collection
of bulky items.
No person shall throw or deposit litter on any
open or vacant private property within the Borough, whether owned
by such person or not.
[Amended 3-25-1985 by Ord. No. 1281; 6-28-2010 by Ord. No.
2133]
A. If this article of the Code of the Borough of Ridgefield
provides for the licensing or permitting of the violator, the Mayor
and Council of the Borough of Ridgefield reserve the right to revoke
such permit or license.
B. Any person found guilty of violating this article
of the Code of the Borough of Ridgefield shall be subject to a penalty
consisting of a fine or imprisonment, or both, subject to the discretion
of the Judge, the maximum of which shall be the maximum fine or term
of imprisonment permitted to be imposed by the court having jurisdiction
over the violation of this article of the Code of the Borough of Ridgefield;
provided, however, that the fine shall not be less than $100 nor more
than $2,000 per offense and the prison term shall not exceed 90 days
in accordance with N.J.S.A. 40:49-5.
C. In the event of a continuing violation, each day shall
constitute a separate offense.
[Adopted 3-11-1991 by Ord. No. 1429]
The delivery of all nonsubscription, unsolicited
newspapers, circulars, advertisements, periodicals or other written
materials to homes, apartments, commercial properties or other privately
owned properties within the Borough of Ridgefield is hereby made subject
to the provisions of this article.
[Amended 9-26-2005 by Ord. No. 1950]
All nonsubscription, unsolicited newspapers,
circulars, advertisements, periodicals or other written materials
intended for delivery to homes, apartments, commercial properties
or other privately owned properties within the Borough of Ridgefield
shall be placed neatly in or at the entrance door, no more than five
feet from said entrance door to any such premises, in such a manner
that the written material will not be blown or otherwise easily be
moved from its initial resting place. Such material shall not be placed
on lawns, shrubs, garden beds or other landscaped areas of any premises.
No such nonsubscription, unsolicited newspapers,
circulars, advertisements, periodicals or other written materials
intended for distribution in or about the Borough of Ridgefield shall
be placed in piles or otherwise within the Borough unless in a container
or otherwise secured to prevent the same from falling or blowing about.
Any responsible person, as defined in this article,
who violates this article shall be subject to a fine of up to five
hundred dollars ($500.). For purposes of this article, each and every
incident or violation of this article shall constitute a separate
offense.
For purposes of this article, the following
persons and entities are hereby declared to be responsible persons:
A. Any person who shall deliver, distribute or otherwise
disseminate or cause to be delivered, distributed or otherwise disseminated
the written materials to which this article applies.
B. Any firm, partnership, corporation or other business
entity who or which shall deliver, distribute or otherwise disseminate
or cause to be delivered, distributed or otherwise disseminated the
written materials to which this article applies.
C. The publisher of any newspaper, circular or other
written material to which this article applies.
D. The person, firm, partnership, corporation or other
business entity who or which is the object or subject of any advertising,
circular or other written materials to which this article applies
and who or which causes its publication, delivery, distribution or
dissemination.
[Amended 9-26-2005 by Ord. No. 1950]
Nothing contained herein shall be construed
to authorize or approve any otherwise unlawful act, such as trespass
to property. This article shall not apply to literature speaking to
or about any governmental or political issue, campaign or candidate
for public office.