[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.
A.
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]
B.
LITTER
LITTER RECEPTACLE
PERSON
PUBLIC PLACE
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.
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]
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.
A.
Litter receptacles shall be required at the following
public places within the Borough of Dumont:
(1)
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.
(2)
Buildings held out for public use, including schools.
(3)
Parks.
(4)
Drive-in restaurants.
(5)
Street vendor locations.
(6)
Self-service refreshment areas.
(7)
Construction sites.
(8)
Gasoline service station islands.
(9)
Shopping centers.
(10)
Parking lots.
(11)
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
The owner or managing agent, lessee, tenant or other
occupant shall keep the entire business premises free from all litter,
rubbish or trash.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
