[HISTORY: Adopted by the City Council of the City of Trenton 9-7-1967 as §§ 3-4 and 3-5 of the Revised General Ordinances. Amendments noted where applicable.]
The following regulations are established to prohibit the throwing or depositing of litter in public places in the City of Trenton; to regulate the handling, storage, collection and disposal of municipal waste, litter and other waste materials; to authorize fees for permits issued (s)he reunder; to control the depositing of litter on private premises; to provide a lien for City clearance; to prevent the generation of loose trash and debris by the upsetting and unpackaging of containerized waste set out at the curb for pickup for excessive periods of time prior to the scheduled pickup; to prescribe responsibilities for owners and occupants of property within the City; and to prescribe penalties for violations.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- That which the enforcing officer designates as acceptable having been, by demonstration and/or test in the City, proven workable and safe for its intended use.
- AUTHORIZED APPROVED CONTAINER
- A litter storage and collection receptacle weighing not more than 50 pounds when filled, constructed of galvanized metal or plastic of equivalent strength, leakproof, not more than 34 inches in height with handles and having a tight-fitting cover, maintained in a sanitary condition. Other containers may be approved by the enforcing officer. The location of approved containers shall be subject to approval of the enforcing officer or his/her agent or agents.
- COMMERCIAL ESTABLISHMENTS
- Any building, structure or premises not a residence, and shall include places of business, institutions, motels, hotels, motor courts or motor hotels.
- COMMERCIAL WASTE
- The miscellaneous waste resulting from operation of business enterprises and institutions, including garbage, rubbish and ashes from offices and stores or the like, and construction waste, but excluding trade wastes resulting from industrial operations.
- CONSTRUCTION WASTE
- Waste from building construction, alteration, demolition or repair and dirt from excavations.
- DOMESTIC WASTE
- Waste material resulting from the usual routine of housekeeping, and shall include garbage, rubbish and ashes.
- A. The unauthorized throwing or depositing of litter and/or other waste material in a public place or upon private premises, where the nature and/or quantity of the litter and/or waste is such as to require the use of a mechanical means of transport.
- B. The unauthorized throwing or depositing of commercial waste and/or construction waste and/or industrial waste and/or solid market waste in a public place or upon private premises, where the nature and/or quantity of the litter and/or waste is such as to require the use of a mechanical means of transport.[Added 10-20-2016 by Ord. No. 16-64]
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Garbage, refuse and rubbish as such are defined herein, and all other waste material which, if improperly stored and thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. "Litter" shall also mean and include domestic garbage and trash placed for curbside or alley pickup in violation of the approved regulations for such pickup, either as to set-out time or manner, as prescribed in Chapter 248, Solid Waste, of the Code of the City of Trenton, and all amendments thereto.
- MUNICIPAL WASTES
- Certain discarded products incident to household keeping and commercial enterprises, and further defined as commercial waste or domestic waste and construction waste.
- 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, walks, driveway, garage, porch, steps, vestibule, mailbox, alleyway or easement belonging or appurtenant to such dwelling house, building or other structure.
- PUBLIC PLACE
- All streets, sidewalks, boulevards, alleys or other public ways 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 and solid market and industrial wastes, specifically including abandoned furniture and household equipment and scrap building materials.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cigars and tobacco wastes, leaves, wood, glass, bedding, crockery and similar materials.
No person shall throw or deposit litter in or upon any street, alley, sidewalk or other public place, except in authorized receptacles for collection or in official municipal disposal areas.
No person shall throw or deposit litter on any occupied private property, whether owned by him/her or not, except that the owner or person in control of private property shall maintain authorized private receptacles for collection in such a manner that litter will not be carried or deposited by the elements upon any other public place or private premises.
The owner, agent or occupant of any private property shall at all times maintain the premises free of litter. This section shall not be construed to prohibit the storage of litter in authorized private receptacles for collection, but shall be construed to prohibit the placing of garbage, litter, rubbish and refuse out for collection at any times other than those specified in Chapter 248, Solid Waste, of this Code, or any other law or regulation of the City.
Litter on vacant lots. No person shall throw or deposit litter on any open or vacant private property, whether owned by such person or not, nor in or upon any publicly owned open vacant property.
Grass, weeds and other impediments. It shall be the duty of the owner or owners of all vacant or unoccupied lands, and of the tenant or tenants of all occupied lands abutting or bordering upon the sidewalks and gutters of any of the public streets, avenues or highways of the City, to remove from the sidewalks and gutters all grass, weeds and other impediments.
Notice to remove. The enforcing officer, or his/her duly designated agent or agents, is authorized and empowered to notify the owner of any open or vacant private property, or the lessee or agent of the owner, to properly dispose of litter or remove grass, weeds or other impediments located on the property which is dangerous to public health, safety and welfare.
Service of notice. Notice shall be by registered or certified mail, addressed to the lessee, owner or his/her agent at his/her last known address, or served personally upon the lessee, owner or agent.
Noncompliance. Upon the failure, neglect or refusal of any lessee, owner or agent so notified to properly dispose of any litter, grass, weeds or other impediments within 10 days after receipt of the written notice specified in Subsection A of this section; or within 10 days after the date of the notice in the event it is returned to the City by the Post Office Department because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the lessee, owner or agent. Whenever in the opinion of the Health Officer such nuisance constitutes an actual menace to health, (s)he shall proceed forthwith to cause the nuisance to be abated.
Charges added to tax bill. When the City has effected the removal of litter and grass, weeds or other impediments, or has paid for its removal, the actual cost thereof shall, unless paid by the owner prior thereto, be charged to the owner of the property on the next regular tax bill forwarded to the owner by the City. The charge shall be due and payable by the owner at the time set for payment of the tax bill.
Recorded statement constitutes lien. Where the full amount due the City is not paid by the owner within 30 days after the disposal of such litter or removal of grass, weeds or other impediments as specified in Subsections A, B and C of this section, then and in that case the Director of Public Works shall cause to be recorded in the City Clerk's office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which the work was done. The recording of this sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. The costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty at the same rate of taxes in the event they are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
No person shall sweep into or deposit in any gutter, street or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Every person who owns, occupies or is responsible for property shall keep the sidewalk and curb area in front of his/her premises clean and free of litter and weeds. This is meant to include the rear of his/her property and adjoining alleyway and/or easement as well. Nothing contained herein shall require the abatement of natural leaf accumulation in streets, sidewalks or gutters, nor shall any person deposit leaves in such places to facilitate leaf collection, or other forms of disposal, within a reasonable time of such deposit.
Prevention of scattering. Litter shall be placed in approved containers in such a manner as to prevent it from being scattered, carried or deposited by the elements upon any street, sidewalk or other public place or private premises.
Public receptacles and approved containers.
Litter other than garbage shall be placed in public receptacles or in approved containers. Commercial or manufacturing establishments shall flatten all cartons, crates, boxes, etc., and prepare such litter for convenient loading and removal. Such establishments may use cardboard boxes to contain litter if collections are made daily, but the boxes must be of sufficient strength and securely tied so as to prevent the contents from being scattered, carried or deposited by the elements upon any street, sidewalk or any public place or private premises.
No person shall drop, throw, place or deposit any collected rubbish, garbage, household or commercial refuse or other waste products of any kind in any open mesh litter baskets or in any other receptacles placed in the streets or upon the sidewalks by the Department of Public Works. The use of such receptacles shall be limited as containers for newspapers, paper scraps, candy wrappers, cigarette packages and containers, fruit skins and other personal trash items.
Prohibitions. No person shall place any trash, refuse or garbage receptacle on any property adjacent to a residential property in such a manner that it is closer than six feet from any property line at its closest point and in such a manner that it is visible from ground level or from any portion of the improvement of the residential property. Appropriate screening materials shall conform to existing code requirements. This subsection shall not pertain to thirty-two-gallon or smaller domestic waste receptacles, nor larger receptacles while temporarily in active use in connection with any building project for which a permit has been issued.
No person shall drive or move any truck or other vehicle unless the vehicle is so constructed or loaded as to prevent leakage and any contents from being blown or deposited upon any street, alley or other public place or private premises. No person shall drive or move any vehicle or truck if the wheels or tires carry onto or deposit in any street, alley or public place, any mud, dirt, sticky substances or foreign matter of any kind. Contractors are responsible for the cleanliness of streets during and upon completion of construction.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the City or upon private property.
No person shall cast or place, or cause to be cast or placed, in any of the streets of the City or on the sidewalks thereof, or into vestibules or yards, or upon porches of any dwelling houses or other buildings, or on private property within the limits of the City or into any vehicle while on the public highways or public places thereof any paper, advertisement, handbill, circular or wastepaper; provided, however, that nothing contained herein shall be held to apply to newspapers and addressed envelopes delivered to subscribers and addressees.
[Amended 10-9-2008 by Ord. No. 08-50; 10-20-2016 by Ord. No. 16-64]
Any person who violates the provisions of this chapter with respect to litter shall be subject to a fine of $100 for a first offense and, for subsequent offenses, shall be subject to the penalties provided in Chapter 1, Article III, General Penalty, provided that the court shall have the discretion in all cases to modify any penalties provided herein upon a showing by the defendant that the offense occurred despite reasonable and diligent efforts made to prevent the offense from occurring and/or to maintain the property in compliance with the trash set-out regulations.
Any person who violates the provisions of this chapter with respect to dumping shall be subject to a fine of $2,500 for a first offense and, for subsequent offenses, to a fine not exceeding $10,000 pursuant to N.J.S.A. 40:49-5.