[HISTORY: Adopted by the Township Committee of the Township of Mullica as indicated in article histories. Amendments noted where applicable.]
Article I Dumping and Littering
Article II Building Construction Sites
[Adopted 12-11-1990 by Ord. No. 20-90]
It is 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 chapter, the following terms shall have the meanings indicated:
- 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 is 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.
No person will be permitted to 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 must keep the sidewalk in front of his or her premises free of litter. All litter sweepings must be collected and properly containerized for disposal.
It is unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
It is unlawful for any vehicle to be driven, moved, stopped or parked on any public roadway unless such a vehicle is constructed, covered or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any materials which constitute litter have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, must immediately cause the public property to be cleaned of all such materials and must pay the costs therefor.
It is unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or immediately following completion of any construction or demolition project. It is the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable 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 is the duty of the 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 of litter.
It is unlawful for any person to place, to cause to be placed 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 such a manner that it may be removed by natural forces.
The Township views the offense as outlined in § 148-1 above as a very serious offense to the Township and therefor has enacted what it considers severe penalties in order to stop this unlawful practice.
Any person or persons violating this chapter shall be subject to a minimum mandatory fine of $100 up to a maximum fine of $1,000 and, additionally, shall be ordered to completely clean up any objects, trash or refuse or, if the cleanup is made by the Township of Mullica, shall reimburse the Township of Mullica for any actual costs involved in such cleanup and, additionally, shall be ordered to serve a maximum of 90 days of community service which, in the discretion of the Judge, may consist of serving on the Municipal Highway Department crew for the Township of Mullica or such other work as may be assigned by the Township Administrator.
[Adopted 8-12-1997 by Ord. No. 13-97]
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 receptacles adequate to accommodate flyable or nonflyable 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.
The owner, agent or contractor in charge of a construction and/or demolition site shall ensure that any recyclable materials, as defined in Chapter 225 of the Code of Mullica Township, generated as a result of a construction (or demolition) project be delivered to an approved recycling center or otherwise legally used. The owner, agent or contractor shall provide written documentation to the municipality of the total amount of material recycled during the previous calendar year by February 14 of each year. These materials also include vegetative waste, concrete and asphalt and clean wood.
No permit for construction or demolition shall be approved until an origin and destination form is completed and submitted to the Construction Office with said permit application.
Likewise, receipts or other certified documentation regarding disposal of debris in a lawful manner must accompany each application for a certificate of occupancy or certificate of approval. No final certificate will be released until these documents have been filed with the Construction Office.
This article may be enforced by the filing of a complaint against any person, firm, corporation, party of interest or occupant who shall violate any of the provisions of this article, and said party shall be subject to a fine of not more than $1,000 or imprisonment for not more than 90 days or community service of not more than 30 days, or any combination thereof. Every day in which said person, firm, corporation, party of interest or occupant remains in violation of the provisions of this article shall be deemed a separate offense. A continuance of a violation or noncompliance with the provisions of this article shall be deemed a nuisance, and the Township Committee shall have the right to apply to the courts of the state for injunctive relief or other relief in addition to the penalties prescribed herein.