[HISTORY: Adopted by the Mayor and Council of the Borough of Leonia
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Litter in parks — See Ch.
197.
Property maintenance — See Ch.
212.
Solid waste — See Ch.
243.
[Adopted 11-27-1989 by Ord. No. 1093
(§§ 117-29 to 118-39 of the 1982 Code)]
It shall be unlawful for any person to throw, drop, discard, or otherwise
place litter of any nature upon any public or private property, other than
in a litter receptacle.
As used in this article, the following terms shall have the meaning
indicated:
LITTER
Any used or unconsumed substance or waste material which has been
discarded whether made of aluminum, glass, plastic, rubber, paper, or other
natural or synthetic material, or any combination thereof including, but not
limited to, any bottle, jar or can, or any top, cap or detachable tab of any
bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or
glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings
or other lawn or garden waste, newspaper, magazines, glass, metal, plastic
or paper containers or other packaging or construction material but does not
include the waste of the primary processes of mining or other extraction processes
logging, sawmilling, farming or manufacturing.
It shall be unlawful for any person to discard or dump along any street
or road, on or off any right-of-way, any household or commercial solid waste,
rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances,
furniture or private property, except by written consent of the owner of said
property, in any place not specifically designated for the purpose of solid
waste storage or disposal
Litter receptacles and their servicing are required at the following
public places which exist in the municipality, including: sidewalks used by
pedestrians in active retail commercially zoned areas, such that at a minimum
there shall be no single linear quarter-mile without a receptacle; buildings
held out for use by the public, including schools, government buildings, and
railroad and bus stations; parks, drive-in restaurants; all street vendor
locations; self-service refreshment areas; construction sites; gasoline service
stations islands; shopping centers; parking lots; campgrounds and trailer
parks; marinas, boat moorage and fueling stations; boat launching areas; public
and private piers operated for public use; beaches and bathing areas; and
at special events to which the public is invited, including sporting events,
parades, carnivals, circuses, and festivals. The proprietors of these places
or the sponsors of these events shall be responsible for providing and servicing
the receptacles such that adequate containerization is available. It shall
be unlawful for any residential or commercial property owner or tenant to
use a municipal litter receptacle to deposit any garbage, rubbish or refuse
accumulated within their business or residence.
No person shall sweep into or deposit in any gutter, street, catch basin
or other public place any accumulation of litter from any public or private
sidewalk or driveway. Every person who owns or occupies property shall keep
the sidewalk in front of his or her premises free of litter. All sweepings
shall be collected and properly containerized for disposal.
It shall be unlawful for any residential or commercial property owner
to permit open or overflowing waste disposal bins on his or her property.
It shall be unlawful for any vehicle to be driven, moved,
stopped or parked on any highway unless such a vehicle is constructed or loaded
to prevent any of its load from dropping, sifting, leaking or otherwise escaping
therefrom. Any person operating a vehicle from which any glass or objects
have fallen or escaped, which could cause an obstruction, damage a vehicle,
or otherwise endanger travelers or public property, shall immediately cause
the public property to be cleaned of all glass or objects and shall pay the
costs therefor.
It shall be unlawful for any owner, agent or contractor in charge of
a construction or demolition site to permit the accumulation of litter before,
during or after completion of any construction or demolition project. It shall
be the duty of the owner, agent, or contractor in charge of a construction
site to furnish containers adequate to accommodate flyable or non-flyable
debris or trash at areas convenient to construction areas, and to maintain
and empty the receptacles in such a manner and with such a frequency as to
prevent spillage of refuse.
It shall be the duty of owner, lessee, tenant, occupant or person in
charge of any structure to keep and cause to be kept the sidewalk and curb
abutting the building or structure free from obstruction or nuisances of every
kind, and to keep sidewalks, areaways, backyards, courts and alleys free from
litter and other offensive material.
It shall be unlawful for any person to place, to cause to be placed
at any utility pole, street sign, tree, fence or wall, or to hire another
person to place any advertisement, handbill or unsolicited material of any
kind in or on any street, sidewalk, building or vehicle within the community.
In the event that the owner or possessor of private property or lands shall refuse or neglect to abate or remedy the condition which constitutes a violation of this chapter, the Police Department or other appropriate official of the municipality may issue a summons for the violation of the ordinances and other ordinances pertaining to this Chapter
169 of the Code of the Borough of Leonia. In addition, the municipality may cause the condition to be abated and remedied. Upon the removal of any materials prohibited to be stored or abandoned on lands by this chapter by or under the direction of any appointed officer or officers of this jurisdiction, in cases where the owner or tenant shall have refused or neglected to remove same in manner and within five days of receiving a notice of violation, such officer shall certify the cost thereof to the municipality, which shall examine the certificate, and if found correct shall cause the cost as shown thereon to be charged against said lands and will be added to and become and form part of the taxes next to be assessed and levied upon said lands. The same shall 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.
Any person, firm or corporation violating this article, upon conviction, shall be subject to penalty as set forth in Chapter
1, Article
I, General Penalty.
[Adopted 10-5-1992 by Ord. No. 1149
(§ 148-7 of the 1982 Code)]
As used in this article, the following terms shall have the meanings
indicated:
DISTRIBUTION
Free distribution and (or) delivery.
PRINTED MATTER
Any or all of the following: circulars, handbills, notices, cards,
newspapers, magazines, pamphlets and leaflets.
The following regulations for the distribution of printed matter and
(or) samples of merchandise are hereby established in and for the said Borough
as a part of this article:
A. No printed matter or samples of merchandise shall be
placed, thrown or discarded or caused to be placed, thrown or discarded by
any person upon any public street, road, avenue, park or other public place
in the said Borough; or upon the lawn or in the yard appurtenant to any residence
or other building located therein; or upon any field or other open space within
the said Borough.
B. No printed matter or sample of merchandise shall be distributed
or caused to be distributed by any person at any residence or other building
within the said Borough unless such printed matter or sample of merchandise
be delivered into the hands of some person there offering to receive the same,
be placed in a slot or receptacle provided on the premises for the receipt
of printed matter, or be placed within five feet of a door or entranceway
of such residence or other building, but in no event shall said material be
left hanging from a doorknob or any other part of a structure.
C. No person shall distribute or cause to be distributed
any printed matter or sample of merchandise upon the premises of any residence
or other building known to be vacant by the person distributing or causing
to be distributed such printed matter or sample of merchandise.
This article shall not apply to the distribution of printed matter or
samples of merchandise that shall have been previously ordered or requested
by the owner, tenant or occupant of the premises where such distribution is
made; or to the distribution of printed matter or samples of merchandise by
mail.
[Added 1-20-1993 by Ord. No. 1154]
There shall be no intentional delivery whatsoever of any matter to premises
after the owner or tenant of the premises has notified the publisher or the
distributor of the matter to cease distribution. Notice shall be made by certified
mail, return receipt requested, to the mailing address of the publisher or
distributor. Distribution shall cease not later than 14 days from the date
the publisher or distributor receives notice.