City of Rahway, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Rahway 7-9-1984 by Ord. No. A-12-84 as Ch. 115, Art. III, of the 1984 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising — See Ch. 113.
Dropping material from aircraft — See Ch. 117.
Packaging requirements in food establishments — See Ch. 217, Art. II.
Hazardous materials — See Ch. 249.
Solid waste — See Ch. 357.
As used in this chapter, the following terms shall have the meanings indicated:
LITTER
Garbage, refuse and rubbish, as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to the public health, safety and welfare.
[Added 1-9-1996 by Ord. No. O-73-95[1]]
PUBLIC PLACE
Sidewalks, public streets or highways, gutters, alleys or other public places within the city.
WASTE
Material or a combination of materials which are no longer of use for the purposes for which it is normally intended.
[Added 1-9-1996 by Ord. No. O-73-95]
[1]
Editor's Note: This ordinance also repealed the definition of "debris," previously included in this section.
[Added 1-9-1996 by Ord. No. O-73-95]
A. 
No person shall throw or deposit litter in or upon any street, sidewalk or other public place or upon any private property within the city, except in public receptacles or in authorized private receptacles for collection. Persons placing litter 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.
B. 
No person while a driver or passenger in a vehicle shall throw or deposit litter upon any street or other public place within the city or upon private property.
C. 
No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Every owner, lessee, tenant, occupant or person in charge of any building or structure shall keep and cause to be kept the sidewalk and curb abutting said building or structure free from obstruction and nuisances of every kind and to keep said sidewalks, areaways, back yards, courts and alleys free from litter and other offensive material.
D. 
No person owning or occupying a place of business shall 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, and any person owning or occupying said place of business shall keep the sidewalk or driveway, and any person owning or occupying said place of business shall keep the sidewalk in front of the premises free of litter and shall be required to collect and properly deposit all litter and any sweepings into appropriate containers for disposal.
E. 
No person shall drive or move any truck or other vehicle within the city unless such vehicle is so covered, constructed or loaded as to prevent any load, contents or litter from dropping, sifting, leaking, being blown or deposited or otherwise escaping upon any street, alley or other public place, nor shall any person drive or move any vehicle within the city, the wheels or tires of which carry into or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.
F. 
No person shall throw or deposit litter in any park within the city 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 properly disposed of elsewhere as provided herein.
G. 
No person shall throw or deposit litter in any fountain, pond, lake, stream or other body of water within the park or elsewhere within the city.
H. 
No person who owns or who is entrusted with the care and maintenance of a construction site shall accumulate or allow to be accumulated debris on or around said construction site or allow the storage of debris in such a manner that it is likely to be removed by natural forces onto adjacent property.[1]
[1]
Editor's Note: Former § 115-13, Disposal of debris on private grounds, which previously followed this section, was repealed 1-9-1996 by Ord. No. O-73-95.
Notwithstanding the provisions of § 115-13,[1] the owner of any private grounds or lot may store any of the items or things listed in § 277-1, or give his written consent for any other person so to do, in advance of such storage, provided that the storage of such items or things shall not otherwise be in violation of any provision of this Code or of any other ordinances of the city, and further provided that such storage shall not constitute a safety, fire or health hazard or cause any offensive odor or unsightliness.
[1]
Editor's Note: Former § 115-13, Disposal of debris on private grounds, which previously preceded this section, was repealed 1-9-1996 by Ord. No. O-73-95.
[Added 1-9-1996 by Ord. No. O-73-95]
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
[Added 1-9-1996 by Ord. No. O-73-95]
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any public roadway unless such a vehicle is constructed, covered or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any materials which constitute litter have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all such material and shall pay the costs therefor.
[Added 1-9-1996 by Ord. No. O-78-95]
It shall be 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 or sidewalk within the community in such a manner that it may be removed by natural forces.
[Added 1-9-1996 by Ord. No O-73-95]
For violation of any of the provisions of this chapter on either public or private property, complaints may be filed by either citizens, police officers or the Board of Health of the City of Rahway, and other city departments.
[Amended 1-9-1996 by Ord. No. O-73-95]
Any person found guilty of violating any of the provisions of this chapter, upon conviction thereof, shall be subject to a minimum mandatory fine of not less than $100, and/or a minimum mandatory period of imprisonment of not more than 90 days, and/or a minimum mandatory term of community service of not less than three days, which shall be of such form and substance as the court shall deem appropriate under the circumstances. One day of community service shall consist of eight hours. If the violation is of a continuing nature, each day during which it continues shall constitute a separate and distinct offense.