[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.
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
