[HISTORY: Adopted by the Township Committee of the Township of Mantua 4-14-1992 (Ch. 103 of the 1978 Code). Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- Burned material or fuel of every nature and description derived from any burning process.
- Branches, underbrush, shrubs, trees or any part thereof.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. This shall include any decayed, vegetable or animal matter that has been used as food or was intended to be used as food and the waste therefrom and any dead animal or plant life or parts of the same.
- 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 cigarette, cigar or 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. The term "litter" does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
- LITTER RECEPTACLE
- A litter storage and collection container constructed of durable material with a tightly fitting cover.
- An occupant, owner, agent, tenant, lessee, caretaker or other person or corporation in charge or custody of a dwelling, building, structure or other premises located in the Township of Mantua.
- A park, reservation, playground, recreation center, conservation area or any other public area in the Township owned or used by the Township and devoted to active or passive recreation.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any dwelling house, building or other structure designated or used, either wholly or in part, for private residential purposes, whether uninhabited or temporarily or continuously inhabited or vacant, and shall include but not be limited to any yard, ground, walk driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling house, building or other structure.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, building or conservation areas.
- Garbage, ashes and rubbish as herein separately defined.
- All broken crockery, glassware, furniture, household appliances and utensils, house sweepings, bottles, tin cans, lawn cuttings, hedge trimmings, garden growth, old clothing and all discarded and waste material of every nature and description not elsewhere herein defined, including paper, cardboard and containers made of either paper or cardboard.
No person shall throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than in a litter receptacle.
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any litter, household or commercial 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; provided, however, that no such item shall be put 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 without immediately cleaning such items up and placing them in an acceptable litter receptacle. 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 shall be unlawful for any person or residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any glass or objects have fallen or escaped, which would cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, shall immediately cause the public property or adjacent private property to be cleaned of all such glass and objects and shall pay the cost thereof.
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 containers adequate to accommodate flyable or nonflyable debris, litter, garbage or trash at areas convenient to construction areas and to maintain and empty the litter receptacles in such a manner and with such frequency as to prevent the spillage of refuse.
It is the duty of the owner, lessee, tenant, occupant or person in charge of any commercial establishment or residence 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 the wind, rain or other natural forces.
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear quarter-mile without a receptacle; buildings held out for use by the public, including schools, government buildings and railroad and bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; campgrounds and trailer parks; marinas and boat moorage and fueling stations; boat launching areas; public or private piers operated for public use; beaches and bathing areas; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the litter receptacles such that adequate containerization is available.
All owners and tenants of real estate in the Township shall keep the same free and clear of all noxious weeds in excess of 10 inches of growth, as well as other unhealthy vegetative growth. Such growth shall constitute noxious weeds and unhealthy vegetation.
No person shall throw or deposit litter on any open or vacant private property within the Township, whether owned by such person or not.
It shall be unlawful within the Township for any storekeeper, merchant or any other person to encumber or obstruct the sidewalk in front of or alongside his residence or place of business with baskets, barrels, boxes, goods, wares and merchandise or in any other way or manner, provided that this section shall not affect the legal display of goods, wares and merchandise within a distance of three feet from the building line on any street where such space is not occupied by a bulk window, nor shall it prohibit the depositing of containers for litter, ashes and trash upon the sidewalks for collection and removal on the days fixed for the collection of litter, ashes and trash.
No person shall place or throw on any street, road or sidewalk within the limits of the Township any bottle, broken glass, crockery ware, iron, tin, wire or other material or things dangerous to the life and limb of man and beast.
No person shall keep or allow to be kept in any building or premises or on any ground of which he may be the owner, lessee or occupant any rags, old paper, junk or refuse from which there shall arise or be cast off any impure or obnoxious, offensive or foul odor, smell or gas which is annoying, hurtful or dangerous to any person or which shall decay or be in any other unsanitary condition which may be generally disagreeable or obnoxious to the residents in the immediate vicinity.
No person shall throw or deposit litter on any occupied private property within the Township, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private litter receptacles for collection.
A paper or cardboard must be separated from other rubbish material and must be secured in packages to permit easy handling and prevent the contents of the same from being scattered.
Nothing in this chapter shall be construed to prohibit an occupant or person authorized by an occupant of a property from placing leaves from such property along the curb or on the extreme edge of the cartway of a public street for the purpose of allowing such leaves to be picked up by the Township Department of Streets and Roads; provided, however, that such leaves may be placed in the street under the aforementioned conditions only during periods when the Township normally picks up such leaves.
Nothing in this chapter shall be construed to prohibit an occupant of property or person authorized by such occupant from collecting organic materials such as grass clippings, leaves, chopped up brush or other such vegetation for purposes of creating a compost pile on the property.
Notice to remove. The Health Officer, police or other enforcing officer is hereby authorized and empowered to notify the owner of any private property within the Township, or the agent of such owner, to properly dispose of litter located on such owner's property in violation of this chapter. Such notice shall be by personal service or by certified mail addressed to said owner at his last known address.
Complaint by resident. In addition to enforcement by the Health Officer, police or other enforcing officer, a resident of the Township is hereby authorized and empowered to make a complaint which sets forth that litter is located on a particular owner's property in violation of this chapter. Such complaint shall be made to the municipality and heard by the Municipal Judge following notice to the landowner or agent of such owner that a violation exists.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare, within 10 days after receipt of written notice provided for in Subsection A above, or within 15 days after the date of such notice in the event that the same is returned to the Township Post Office Department because of inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Health Officer, police or other enforcing officer is hereby authorized and empowered to order its disposal by the Township.
Charges included in tax bill. When the Township has effected the removal of such litter 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 such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the Township, and said charge shall be due and payable by said owner at the time of payment of such bill.
Recorded statement constitutes lien. Where the full amount due the Township is not paid by such owner within 30 days after the disposal of such litter, as provided for in Subsections A and B above, then and in that case the Health Officer, police or other enforcing officer shall cause to be filed in the Tax Collector's office of the Township a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The filing of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of 8% in the event that the same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
The commission of any act prohibited under this chapter or the failure to do any act required thereby is hereby declared to be unlawful. Any person who shall violate any of the provisions of this chapter shall, upon conviction of such violation, be liable to a fine of not more than $2,000 or to imprisonment in the county jail for a term of not more than 90 days or to a period of community service up to but not exceeding 90 days, or any combination thereof, all in the discretion of the Municipal Judge before whom conviction shall be had.
Each day that a violation exists, occurs or continues shall constitute a separate offense for the purpose of imposing the penalties referred to above.
The provisions of N.J.S.A. 13:1E-99.3 are hereby adopted as powers to be enforced by this municipality with respect to persons who litter on public or private lands in a manner contrary to said laws.