[HISTORY: Adopted by the Mayor and Council of the Borough of Hopatcong 8-4-1983 by Ord. No. 22-83. Amendments noted where applicable.]
Word usage. 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.
Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- The Borough of Hopatcong, New Jersey.
- Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- Garbage, refuse and rubbish, as defined herein, and all other waste materials, which, if thrown, deposited or stored as herein prohibited, tend to create a blight and/or a danger to public health, safety and welfare. For the purpose of §§ 147-3, 147-4A, 147-5, 147-6, 147-7 and 147-8 of this chapter, the term "litter" shall include leaves or other vegetative debris.[Amended 3-1-1990 by Ord. No. 6-90]
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any dwelling house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, ground, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling house, building or other structure.
- PUBLIC PLACE
- Any and all streets, sidewalks, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
- PUBLIC STRUCTURE OR BUILDING
- Any structure or building owned or operated by the federal, county or state government or any governmental agency.
- All putrescible solid wastes (except body wastes), including but not limited to garbage, rubbish, ashes, street sweepings, dead animals, abandoned automobiles or parts thereof and any scrap metal, junk or machinery.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper wrappings, cigarettes, cardboard, tin cans, glass, bedding, crockery, building materials and similar materials.
- VACANT LAND
- Any plot, lot, parcel or premises without buildings thereon; or any parcel partially occupied by a building or buildings or structure or structures, with the remainder being open land.
This chapter shall be applicable to any plot, lot, parcel or premises without buildings thereon, or any parcel partially occupied by a building or buildings or structure or structures, with the remainder being open land.
No person shall sweep into or deposit in any gutter, street or other public place within the Borough the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
[Amended 5-5-1988 by Ord. No. 12-88]
No person owning or occupying a place of business shall sweep or deposit in any gutter, street, parking area or public place within the Borough any litter, and all such persons shall keep the sidewalk and parking areas of their business premises free of litter.
Owners or occupants shall provide and service litter receptacles at the following places in the municipality:
Sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear 1/4 mile without a receptacle.
Buildings held out for use by the public, including schools, government buildings and railroad and bus stations.
Drive-in refreshment areas.
Gasoline service station islands.
Campgrounds and trailer parks.
Marinas, boat mooring and fueling stations.
Boat launching areas.
Public and private piers and docks operated for public use.
Beaches and bathing areas.
Special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street, private premises, vacant land, sidewalk or public place within the Borough.
No person shall drive or move any truck or other vehicle within the Borough unless such vehicle is so constructed or loaded as to prevent any load or contents of litter from being blown or deposited upon any street, alley or other public place; nor shall any person drive or move any vehicle or truck within the Borough, the wheels or tires of which carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances or foreign matter of any kind.
No person shall throw or deposit litter in any park within the Borough except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and shall be properly disposed of elsewhere.
No person shall throw into or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the Borough.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vacant lands, sidewalk, street or public place within the Borough; nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the Borough for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
[Amended 5-5-1988 by Ord. No. 12-88]
No person shall throw or deposit any commercial or noncommercial handbill or any unsolicited or unordered newspaper in or upon any private premises which are temporarily or continuously uninhabited or vacant.
[Amended 5-5-1988 by Ord. No. 12-88]
No person shall throw, deposit or distribute any commercial or noncommercial handbill or any solicited or unordered newspaper upon private premises if requested by anyone thereon not to do so or if there is placed on said premises, in a conspicuous position near the entrance thereof, a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisements" or any similar notice indicating in any manner that the occupants of said premises do not desire to be molested or to have their right of privacy disturbed or to have any such handbills or newspapers left upon such premises.
[Amended 5-5-1988 by Ord. No. 12-88]
No person shall throw, deposit or distribute any unsolicited or unordered commercial or noncommercial handbill or newspaper in or upon private premises which are inhabited except by handing or transmitting any such unsolicited or unordered handbill or newspaper directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, shall have the authority to place or deposit any such unsolicited or unordered handbill or newspaper in or upon such inhabited private premises if such unsolicited or unordered handbill or newspaper is so placed or deposited as to secure or prevent such unsolicited or unordered handbill or newspaper from being blown or drifted about such premises or sidewalks, streets or other public places. Mailboxes may not be used when so prohibited by federal postal law or regulations.
Exemption for mail and solicited or subscription newspapers. The provisions of this section shall not apply to the distribution of mail by the United States Postal Service or to newspapers for which a subscription has been placed or which had been specifically ordered by the owner or any occupant of the premises.
No person in an aircraft shall throw out, drop or deposit within the Borough any litter, handbill or any other object.
[Amended 9-2-1993 by Ord. No. 16-93]
No person shall post or affix any notice, poster, sign or other paper or device calculated to attract the attention of the public to any lamppost, public utility pole or shade tree or upon any public structure or building, except as may be authorized by the owner thereof or otherwise provided by law. Such notice, poster, sign or other paper or device shall be removed within 48 hours after the date of the event or the end of such promotion. The sponsor of the event shall be responsible to arrange for the removal and disposal of all such notices, posters, signs or other papers or devices.
No person shall throw, deposit or store litter on any public or private property and/or vacant land within the Borough, whether owned by such person or not, except that the owner or person in control of said property or land may maintain authorized receptacles for collection and removal of the same in such manner that the same shall not be unsightly and detrimental to the surrounding neighborhood.
The owner or person in control of any public or private property and vacant land shall at all times maintain the premises free of litter, particularly one or more automobile bodies, frames or chassis, one or more automobiles unable to be self-propelled or one or more abandoned automobiles; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
[Amended 4-3-1986 by Ord. No. 4-86]
The fact that a motor vehicle is not then currently licensed shall be proof that the vehicle is not currently used for transportation. Nothing herein contained shall prohibit the placing, keeping, storing or abandonment of any such motor vehicle in a garage or other building in the Borough.
[Added 5-5-1988 by Ord. No. 12-88]
No person or contractor shall permit the accumulation of debris on any construction site within the Borough in such a manner that it is likely to be removed by natural forces onto adjacent properties.
[Added 5-5-1988 by Ord. No. 12-88]
The storage of tires and/or other materials is prohibited in any area zoned residential except in fully enclosed structures or on days designated for the collection of the tires and/or other materials.
[Added 9-2-1993 by Ord. No. 16-93]
All garbage, refuse, rubbish, recyclables and/or bulk items placed at the street for collection by the Borough of Hopatcong Department of Public Works shall be in accordance with the rules and regulations for the same as adopted by resolution of the Mayor and Council.
In the case of household garbage, refuse, rubbish and/or recyclables, said items may not be placed for collection more than 24 hours prior to the scheduled collection time, and any and all containers or uncollected items must be removed from the edge of the road within 24 hours of the collection.
In the case of bulk items, said items may not be placed at the street for collection more than 96 hours prior to the scheduled collection time, and any uncollected items must be removed from the edge of the road within 96 hours of the schedule collection time.
[Added 6-6-1996 by Ord. No. 14-96; amended 11-3-2010 by Ord. No. 23-2010]
The use of dumpsters, rolloffs or similar containers for the storage or disposal of solid waste or recyclables on residential properties is prohibited. Excepted from this provision shall be the following uses:
The temporary use of a dumpster, rolloff or similar container in conjunction with an active building or demolition permit.
The use of a dumpster, rolloff or similar container approved as part of a site plan or other zoning approval.
A temporary use of a dumpster, rolloff or similar container for a period not to exceed 14 days and for household waste only.
No dumpster or container shall be placed or made to be placed upon any roadway, right-of-way or property of the municipality without a dumpster permit, which shall be issued by the building department upon:
Approval by the Police Department with respect to safety and traffic, which may require safety reflective markings and a flashing warning light at the corners of the container;
Approval by the Department of Public Works with respect to roadway conditions;
The posting of a surety bond in an amount to be set by the Borough Engineer where any road way is less than five years old;
The payment of the applicable fee, which shall be $50 for the first seven days and $15 for any day above the initial permit for a maximum permitted time frame of 30 days.
All dumpsters or rolloffs must be covered with adequate lids or covers, except where the debris in the container is construction material only.
No person shall throw or deposit litter on any open or vacant public or private property within the Borough, whether owned by such person or not.
The provisions of this chapter shall be administered and enforced by the Chief of Police. The enforcement official may appoint or designate such other public officials or employees of the Borough to perform such duties as may be necessary for the enforcement of this Code. Additionally, all members of the Police Department and Building Department are hereby empowered to act upon any violation discovered in the ordinary course of their business as set forth herein and in other ordinances of the Borough of Hopatcong or by complaints brought to their attention by any citizen.
Within three working days of receiving a complaint, the enforcement official shall confirm the existence of a violation of this chapter, provided that no more urgent police business shall be adversely impacted by response to said complaint.
Upon confirmation of the existence of a violation, the enforcement official may proceed to issue a summons returnable in Municipal Court.
[Amended 6-15-1989 by Ord. No. 30-89]
If the enforcement official, in his discretion, believes that there is a reasonable possibility that the violation can and will be remedied by the responsible party, he may, in lieu of a summons pursuant to Subsection B above, issue a notice to said tenant, occupant, agent, entity, owner and/or other responsible party that said violation exists. The notice shall be in writing and shall include a concise statement of the reason for its issuance. A copy of said notice shall be served by registered or certified mail, return receipt requested, addressed to said entity, occupant, owner and/or his agent at his last known address or served personally upon said owner, occupant, entity, tenant or agent. If the notice is served on anyone other than the owner of record, then a copy of said notice shall also be provided by regular mail to the owner of record, together with a copy of § 147-28 herein. The notice shall also state that, unless the violation is abated, removed, cured, prevented or desisted within 10 days of the date of service of such notice (exclusive of the date of service), a citation, commonly known as a "summons" or "ticket," shall be issued forthwith for such violation.
[Amended 6-15-1989 by Ord. No. 30-89]
The enforcement official may, at the time he issues the notice, extend the period for correction of the violation stated in the notice for a period in excess of the aforesaid 10 days if, in his judgment, the condition violated cannot reasonably be effected within the ten-day period; and in such cases the enforcement official shall state such reasonable extended period in the notice, not to exceed 30 days, which shall then be applicable instead of the aforesaid 10 days.
Upon failure, neglect or refusal of any owner, occupant, entity, tenant or agent so notified to dispose properly of said violation within 10 days after receipt of written notice specified in Subsection C of this section, or within 10 days after the date of such notice in the event that it is returned to the Borough by the post office department because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of said owner, occupant, entity, tenant or agent, a citation shall be issued forthwith.
If the violation still exists upon conviction, the court may mandate that the person so convicted be responsible for removing the violation within the shortest possible time, in addition to any other penalties set forth herein.
Upon conviction and subsequent continued failure, neglect or refusal of the person so convicted to properly dispose of the violation, the enforcement official or his duly designated agent is authorized and empowered to and shall dispose of such violation, and the cost thereof shall be certified to the governing body.
If the governing body, after examining the certificate, finds the cost to be correct, it shall cause the cost to be charged against said land. Such charge shall become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to 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.
Notwithstanding any other section of this chapter, any person found to be littering by any enforcement official as set forth herein shall be forthwith issued a citation as provided by this chapter.
In order to assist in effectuating compliance with the provisions of this chapter, the Mayor may annually appoint a Litter Advisory Committee to be comprised of not less than three residents nor more than five residents of the Borough, whose terms shall expire December 31 of the year in which they are appointed. It shall be the responsibility of this Committee to observe compliance with this chapter, to monitor the effectiveness of this chapter, to monitor the responsiveness of the enforcement officials to complaints received under this chapter and to prepare an annual report to the Mayor and Council on the effectiveness of the ordinance.
[Amended 10-3-1985 by Ord. No. 27-85]
In cooperation with an enforcement official as set forth herein, the Advisory Committee may act on behalf of any citizen desiring to bring an apparent violation to its attention.
As deemed necessary by the Mayor and Council, but no less than twice a year, in April and October, the Advisory Committee shall present to the governing body a report on compliance and enforcement of this chapter, including but not limited to the number of complaints, notices and citations issued, the disposition of the same and the general overall effect of this chapter.
[Amended 11-3-2010 by Ord. No. 23-2010]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of up to $500 or may be imprisoned in the county jail for a term not to exceed 30 days, or both. Each day such violation is committed or permitted to continue shall constitute a separate offense and may be punishable as such.
As deemed necessary by the Mayor and Council and/or the enforcement official, "Don't Litter -- $200 Fine" or other signs and/or posters may be appropriately placed within and about the Borough of Hopatcong.
Notwithstanding any other section of this chapter, or the existence of any instrument transferring or implying the transfer of compliance with this chapter to any occupant, operator or agent or other party, it is the intent of this chapter that the owner and/or owners of all premises within the Borough of Hopatcong have the ultimate duty and responsibility to ensure compliance and are therefore deemed to be the party in violation in the event of noncompliance by any occupant, tenant, operator or agent or other party.