[HISTORY: Adopted by the Township Committee of the Township of Rochelle Park 12-18-1989 by Ord. No. 579. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 112.
Property maintenance — See Ch. 150.
No person shall put, drop, throw, discard, sweep or otherwise place any litter, rubbish, refuse or other similar material in or upon any sidewalk, gutter, street, public place within the Township of Rochelle Park or upon private property within the Township of Rochelle Park other than in a receptacle designed to collect such material.
[Amended 8-17-2005 by Ord. No. 932-05]
No person shall dispose, discard, or dump any garbage, rubbish, refuse, ashes, discarded vehicle or vehicle parts, discarded rubber tires, discarded appliances, discarded furniture or other household or commercial or industrial solid waste upon any public street, right-of-way, public place, upon any private property or any river, canal, public water drain, sewer or receiving basin within the Township of Rochelle Park, except at such locations or facilities specifically approved and designated by law for the storage or disposal of solid waste.
A. 
"Litter receptacle" shall mean a container suitable for the depositing of litter.
B. 
The owners, tenants and proprietors of the following public places within the Township of Rochelle Park shall provide and service litter receptacles such that adequate containerization is available.
(1) 
Pedestrian sidewalks located within areas zoned for business use in such a manner that at a minimum there shall be no single linear quarter mile without a receptacle.
(2) 
Buildings held out for use by the public, including schools, government buildings and railroad and bus stations.
(3) 
Parks.
(4) 
Drive-in restaurants.
(5) 
All street vendor locations.
(6) 
Self-service refreshment areas.
(7) 
Construction sites.
(8) 
Gasoline service stations.
(9) 
Shopping centers.
(10) 
Parking lots.
(11) 
Special events to which the public is invited, including sports events, parades, carnivals, circuses and festivals.
C. 
The owners, tenants and proprietors of such places shall periodically arrange for the disposal of the litter placed in the aforesaid litter receptacles as often as is necessary to avoid the overflow of litter from said litter receptacle.
D. 
No person shall use said litter receptacles for the regular disposal of their household, commercial or industrial garbage or rubbish.
A. 
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.
B. 
Every person owning or occupying property abutting or bordering any public streets within the Township of Rochelle Park shall at all times keep the portion of such public street between the curbline or, if no curbline, the lateral line of the roadway and the adjacent property line in front of such property, including the sidewalk area, free of any rubbish, refuse, debris or other litter.
C. 
All litter sweepings shall be collected and properly containerized for disposal.
A. 
Garbage containers and waste disposal bins shall be fitted with a securely fitting cover.
B. 
No owner, tenant or other person in possession of any property within the Township of Rochelle Park shall suffer or permit an uncovered or overflowing garbage can or waste disposal bin upon such property.
A. 
No person shall drive, or cause or permit to be driven, any vehicle so loaded with any substance, matter or thing that the contents or any part thereof shall fall or be deposited, spilled or scattered in or upon any public street.
B. 
No person shall so load a vehicle, or cause or permit a vehicle to be so loaded, with any substance, matter or thing that the contents or any part thereof shall fall or be deposited, spilled or scattered in or upon any public street.
A. 
No owner, agent or contractor in charge of a construction or demolition site shall permit the accumulation of litter, rubbish, refuse or debris before, during or immediately following completion of any construction or demolition project other than in a suitable waste disposal container.
B. 
Every owner, agent or contractor in charge of a construction or demolition site shall furnish solid waste containers adequate to accommodate all rubbish, trash or debris accumulated upon the construction or demolition site.
C. 
Every owner, agent or contractor in charge of a construction or demolition site within the Township of Rochelle Park shall maintain and empty the solid waste containers in such a manner and with such frequency as to prevent spillage of rubbish, trash, refuse and debris.
Every owner, tenant or other person in possession of any building, structure or premises within the Township of Rochelle Park shall maintain the exterior of said premises, including the sidewalk and curb abutting such premises, free of any rubbish, refuse, debris or other litter.
A. 
No person shall place, cause to be placed or suffer or permit to be placed any circular, handbill or advertisement on any windshield or other portion of an automobile located upon a public street or public place.
B. 
No person shall place, cause to be placed or suffer or permit to be placed any circular, handbill or advertisement upon any door, railing, entranceway, stoop or other location upon any premises within the Township of Rochelle Park unless placed, secured or fastened in such a manner as to prevent such circular, handbill or advertisement from being blown or carried by the wind.
C. 
Nothing contained herein shall be construed so as to prohibit the delivery of mail by the United States Postal Service or the delivery or distribution of letters, packages, circulars, handbills, advertisements, newspapers, magazines or other publications, provided that such items are either placed in a receptacle specifically designed for such purpose or placed at the foot of the door of the premises to which such items are intended to be delivered in such a manner so as not to violate Subsection B hereof.
The Zoning Enforcement Officer shall, together with the Police Department, enforce the provisions of this chapter and shall be authorized to serve warnings, summonses and complaints with respect to a violation of this chapter; provided, however, that in no event shall more than two warnings be served prior to the issuance of a summons and complaint.
[Amended 3-4-1991 by Ord. No. 609]
Any person violating any provision of this chapter shall, upon conviction, be subject to the following penalties:
A. 
First offenses.
(1) 
Littering. For the first offense within a twelve-month period, a fine of not less than $10 nor more than $25.
(2) 
Dumping. For the first offense within a twelve-month period, a fine of not less than $100 nor more than $200.
B. 
Second offenses.
(1) 
Littering. For the second offense within a twelve-month period, a fine of not less than $25 nor more than $50.
(2) 
Dumping. For the second offense within a twelve-month period, a fine of not less than $250 nor more than $500.
C. 
Third offenses.
(1) 
Littering. For the third offense within a twelve-month period, a fine of not less than $50 nor more than $100.
(2) 
Dumping. For the third offense within a twelve- month period, a fine of not less than $500 nor more than $750.
D. 
Fourth offenses.
(1) 
Littering. For the fourth offense within a twelve-month period, a fine of not less than $100 nor more than $1,000 or imprisonment for a term not to exceed 90 days, or both.
(2) 
Dumping. For the fourth offense within a twelve-month period, a fine of $1,000 or imprisonment for a term not to exceed 90 days, or both.
In the event that the owner, tenant or other person in possession of private property or lands within the Township of Rochelle Park shall refuse or neglect to abate or remedy a violation of this chapter, the township may cause the condition to be abated and remedied. Upon the removal by the township of any litter, rubbish, refuse or debris which has accumulated in violation of § 127-4, 127-5, 127-7 or 127-8 of this chapter, where the owner, tenant or person in possession shall have refused or neglected to remove such items within five days of receiving a notice of violation, the public officer in charge of such removal shall certify the cost thereof to the Township Committee, which shall examine the certificate and, if found correct, shall cause the costs as shown thereon to be charged against said lands, to be added to and become and form a part thereof of the taxes to be assessed and levied upon said lands. Such lien shall bear interest at the same rate as taxes and shall be collected and enforced by the same offices and in the same manner as taxes.