[HISTORY: Adopted by the Mayor and Council of the Borough of Dumont by Ord. No. 22; amended in its entirety by Ord. No. 1103 (Secs. 11-13 to 11-14.21 of the 1970 Revised Ordinances). Subsequent amendments noted where applicable.]
[Added 10-18-2005 by Ord. No. 1297]
The purpose of this chapter is to establish requirements to control littering in the Borough of Dumont, County of Bergen and State of New Jersey, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
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.
[Added 10-18-2005 by Ord. No. 1297]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning.
- 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, newspapers, 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.
- LITTER RECEPTACLE
- A container suitable for the depositing of litter.
- Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.[Added 10-18-2005 by Ord. No. 1297]
- PUBLIC PLACE
- Any area that is used or held out for use by the public, whether owned or operated by public or private interests.
[Amended 10-18-2005 by Ord. No. 1297]
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
Litter receptacles shall be required at the following public places within the Borough of Dumont:
Sidewalks used by pedestrians in the B2 Commercial Zone so that, as a minimum, there shall be no single linear 500 feet without a receptacle.
Buildings held out for public use, including schools.
Street vendor locations.
Self-service refreshment areas.
Gasoline service station islands.
Special events to which the public is invited, including sporting events, parades, carnivals and festivals.
Persons placing litter, rubbish or trash 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, catch basin, street or other public place within the Borough the accumulation of litter, rubbish or trash from any building or lot or from any public or private sidewalk or driveway.
[Amended 10-18-2005 by Ord. No. 1297]
No person, while a driver or passenger in a vehicle or boat, shall throw or deposit litter, rubbish or trash in any body of water or upon any street, other public place or upon private property within the Borough. Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this chapter, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this chapter.
No person shall drive, move or park any truck or other vehicle within the Borough unless such vehicle is constructed or loaded to prevent any of the load, contents or litter from dropping, sifting, leaking, escaping or being blown or deposited upon any street, alley or other public place.
No person shall drive or move any vehicle or truck within the Borough, the wheels or tires of which carry onto or deposit in or on any street, alley or other public place, mud, dirt, sticky substances, litter, rubbish, trash or foreign matter of any kind.
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 on public property shall immediately cause the public property to be cleaned of all glass or objects and shall pay the costs therefor.
No person shall throw or deposit litter, rubbish or trash in any park or playground within the Borough except in public receptacles and in such a manner that the litter, rubbish or trash will be prevented from being carried or deposited by the elements upon any part of the park, playground, any street or other public place.
Where public receptacles are not present, all litter, rubbish or trash shall be carried away from the park or playground and properly disposed of elsewhere by the person responsible for its presence.
No person shall throw or deposit litter, rubbish or trash on any occupied or vacant private property within the Borough, whether owned by such person or not, except that the owner or person in control may maintain authorized private receptacles for collection in such a manner that litter, rubbish or trash will be prevented from being carried or deposited by the elements upon any street, other public place or any private property.
No person shall discard or dump along any street, sidewalk or road, on or off any right-of-way, or in any public litter receptacle, 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 the property, in any place not specifically designated for the purpose of solid waste storage or disposal.
No person shall permit the discarding or dumping of any household or commercial solid waste in any place not specifically designated for the purpose of solid waste storage or disposal.
No person shall store or permit the storage of any bulky household waste, including household appliances, furniture and mattresses, in areas zoned residential, except in a fully enclosed structure.
No person shall store or permit the storage of tires, except in a fully enclosed structure.
No person shall keep or permit the keeping on streets, vacant lots and residential lawns, except in a fully enclosed structure, any motor vehicle, trailer or semitrailer which:
No property owner, agent or contractor in charge of a construction or demolition site shall permit the accumulation of litter or debris 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 the construction site to furnish containers adequate to accommodate flyable and nonflyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such frequency as to prevent spillage.
No residential, commercial or industrial property owner, lessee, tenant or other occupant shall permit open or overflowing waste disposal containers or bins on his or her property.
No person shall distribute or cause to be distributed to any dwelling or building or place or cause to be placed upon any motor vehicle any advertisement, handbill or unsolicited material of any nature, unless the item or material is securely placed at each dwelling or on each motor vehicle so that it will not be carried or deposited by the elements to another portion of the property, any street, sidewalk, other public place or private property.
In the event that the material is distributed by any person who has not attained the age of 18 years, the person requesting or authorizing the distribution of the item or materials shall be responsible for compliance with this chapter.
No person owning, occupying or operating a place of business shall sweep into or deposit in any gutter, catch basin, street or other public place within the Borough the accumulation of litter, rubbish or trash from any building or lot, public or private sidewalk or driveway.
The owner or managing agent, lessee, tenant or other occupant shall keep the entire business premises free from all litter, rubbish or trash.
In shopping centers or other business premises that contain common areas and/or common parking, the owner or managing agent shall keep such common areas free from all litter, rubbish or trash.
Every owner, lessee, tenant, occupant or other person in charge of any structure shall keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction and nuisances of every kind and to keep sidewalks, rights-of-way, back yards, courts and alleys free from litter and other offensive material.
Every person who owns or occupies property shall keep the sidewalk in front of the premises free of litter. All sweepings shall be collected and properly containerized for disposal.
The owner, managing agent, lessee, tenant or person in control of any private property shall at all times maintain the premises free of litter, rubbish or trash; provided, however, that this section shall not prohibit storage of litter, rubbish or trash in authorized receptacles for collection.
Notice to remove. The Borough of Dumont enforcement officer is authorized and empowered to notify the owner or agent of the owner of any private property within the Borough, to properly dispose of litter, rubbish or trash located on the owner's property which is unsightly or dangerous to public health, safety or welfare. Such notice shall be by certified mail, return receipt requested, addressed to said owner at his last known address.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent to comply with the notice within 10 days after receipt or within 15 days after the date of the notice, in the event that the same is returned by the Post Office Department because of inability to make delivery, provided that the notice was properly addressed, the enforcement officer is authorized and empowered to cause the disposal of the litter, rubbish or trash.
Charge included in tax bill. When the Borough has caused the removal of unsightly or dangerous litter, rubbish or trash or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of 6% per annum from the date of the completion of the work, if not paid by the owner prior thereto, shall be charged to the owner of the property on the next regular tax bill forwarded to the owner by the Borough and shall be due and payable at the time of the payment of the bill.
The Superintendent of the Department of Public Works is authorized to post appropriate signs stating the prohibition against littering and the fine indicated in § 256-24.
[Added by Ord. No. 1122; amended 10-18-2005 by Ord. No. 1297]
The provisions of this chapter may be enforced by the enforcement officer. The "enforcement officer" shall be defined to include any representatives of the Clean Communities Board, the Police Department, Building Department, Board of Health, Department of Public Works, Property Maintenance Code Official or any such other individual designated by the Mayor and Council to be enforcement officials.
[Amended 10-18-2005 by Ord. No. 1297; 4-17-2007 by Ord. No. 1333]
Any person who violates or fails to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not less than $100, nor more than $500, or imprisonment for a term not exceeding 90 days, or both. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.