[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.]
As used in this chapter, the following terms shall have the meanings
indicated:
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]]
Sidewalks, public streets or highways, gutters, alleys or other public
places within the city.
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Editor's Note: This ordinance also repealed the definition of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.
