[Adopted 4-28-1970 by Ord. No. 511-70]
This article shall be known and may be cited
as the "Anti-Litter Ordinance" of the Borough of Caldwell.
A.
BOROUGH
GARBAGE
LITTER
PERSON
PRIVATE PREMISES
PUBLIC PLACE
PUBLIC STRUCTURE OR BUILDING
REFUSE
RUBBISH
For the purpose of this article, the following terms,
phrases, words and their derivations shall have the meanings indicated:
The Borough of Caldwell, New Jersey.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food or any such
related activity.
Garbage, refuse and rubbish as defined herein and all other
waste materials which if thrown, deposited or stored as herein prohibited
tends to create a danger to public health, safety and welfare.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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, public or private walks, driveway,
porch, steps or vestibule belonging or pertinent to such dwelling
house, building or other structure.
Any and all streets, sidewalks, alleys or other public ways
and any and all public parks, squares, spaces, grounds and buildings,
playgrounds and library facilities.
Any structure or building owned or operated by the federal,
county or state government or any other governmental agency.
All putrescible solid waste, including human body waste,
garbage, rubbish, ashes, street cleanings, dead animal, abandoned
motor vehicles, dismantled motor vehicles and parts thereof, scrap
metal, junk, machinery and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper wrappings, cigarettes, cardboard,
tin cans, glass, bedding, crockery, bottles, packing materials, building
materials and all other similar materials.
B.
Word usage. When not inconsistent with the context,
words used in the present tense include the future, words 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.
No persons shall throw or deposit litter in
or upon any street, sidewalk or other public place within the Borough
except in public receptacles or in authorized private receptacles
or in official Borough dumps. Deposits in Borough dumps shall be made
in the manner and in the extent permitted by other ordinances or state
law only.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such a manner
and in such containers as will prevent it from being carried or deposited
by the elements or by animals upon any street, sidewalk or other public
place or upon private property.
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,
entrance walks, parking lots and parking areas in front of or upon
their premises free of litter.
No person while a driver or passenger in a vehicle
shall throw or deposit litter upon any street or other public or private
place within the Borough.
No persons shall drive or move any truck, motor
vehicle or other vehicle within the Borough unless such vehicle is
so constructed or loaded as to prevent any load or contents or litter
from being blown or deposited upon any street, alley or other public
or private place. Further, no person shall drive or move any truck,
motor vehicle or other vehicle within the Borough, the wheels or tires
or any portion of which carry onto or deposit in any street, alley
or other public or private place mud, dirt, sticky substances or foreign
matter of any kind.
No person shall throw or deposit litter in any
lake, pond, pool, river, streams or fountain or any other body of
water in a public or private place within the Borough.
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
and who does accept it.
No persons shall throw, deposit or distribute
any commercial or noncommercial handbill in or upon any private premises
which are temporarily or continuously uninhabited or vacant.
No persons shall throw, deposit or distribute
any commercial or noncommercial handbill upon any private premises
if required 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 advertisement" or any similar notice, indicating in any manner
that the occupants or owners of said premises do not desire to be
molested or have their right of privacy disturbed, or to have any
such handbills left upon such premises.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill in or upon private premises
which are inhabited except by handing or transmitting any such handbill
directly to the owner or occupants or other person then present in
or upon such premises. Provided, however, that in case of inhabited
private premises which are not posted as provided in this article,
such persons, unless requested by anyone upon such premises not to
do so, shall have the authority to place or deposit any such handbill
in or upon such inhabited private premises, if such handbill is so
placed or deposited in a manner to be secure and to prevent such handbill
from being blown or drifted about such premises or sidewalks, streets
or other public places, and except that mailboxes may not be used
when so prohibited by federal postal law or regulations. The provisions
of this section shall not apply to the distribution of United States
mail nor to the deposit or delivery of newspaper which has been subscribed
for in advance by the owner or occupant or for which said deposit,
distribution or delivery the owner or occupant has consent to in writing
prior thereto.
No person in any aircraft shall throw out, drop
or deposit within the Borough any litter, handbill or other object.
No person shall post or affix any notice, poster
or other paper or device calculated to attract the attention of the
public to any lamppost, public utility pole, shade tree or upon any
public or private structure or building except as may be authorized
by the owners or occupants thereof or as authorized or required by
law.
No person shall throw, deposit or store litter
on any occupied private property within the Borough, 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 and removal of litter in such manner that the litter shall
not be unsightly and detrimental to the surrounding neighborhood or
be a danger to public health, safety and welfare.
The owner, occupant 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 receptacles for collection.
No person shall throw or deposit litter on any
open or vacant private property within the Borough, whether owned
by such person or not.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
Any person violating or failing to comply with
any of the provisions of this article shall, upon conviction thereof,
be subject to a fine not exceeding $2,000, imprisonment for a term
not exceeding 90 days, a period of community service not exceeding
90 days, or a combination thereof. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such hereunder.
