Township of Hamilton, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Hamilton 12-20-1982 by Ord. No. 835-82. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 217.
Solid waste — See Ch. 258.

§ 210-1 Definitions.

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature:
A. 
Which advertises for sale any merchandise, product, commodity or thing;
B. 
Which directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales;
C. 
Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under ordinary rules of decency, good morals, public peace, safety and good order, provided that nothing contained in this subsection shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license, where such license is or may be required by any law of this state, or under any ordinance of this township; or
D. 
Which, while containing reading material other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
GARBAGE
Any putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
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 public health, safety and welfare.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, ledger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
Any putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.
RUBBISH
Any nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

§ 210-2 Prohibited acts.

A. 
No person shall sweep, throw or deposit litter in or upon any occupied, open or vacant property, whether owned by such person or not; or in or upon any street, sidewalk, park or other public place; or any pond, lake, stream or any other body of water within the Township of Hamilton, except in public receptacles, in authorized private receptacles for collection or in official municipal dumps. 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, including merchants owning or occupying a place of business, shall sweep into or deposit in any gutter, street, private parking lot or any other place within the Township of Hamilton the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying private property shall be responsible for maintaining all of said property free of litter.
C. 
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Township of Hamilton or upon any private property.
D. 
No person shall drive or move any truck or other vehicle within the township unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place; nor shall any person drive or move any vehicle or truck within the township, the wheels or tires of which carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.
E. 
No person shall bring, cart, remove, transport or collect any litter from outside this municipality or into this municipality for the purpose of dumping or disposing thereof unless authorized by the Township Committee of the Township of Hamilton.

§ 210-3 Maintenance of 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 receptacles for collection.

§ 210-4 Distribution of handbills.

No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to so do 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 Advertisements" or any similar notice indicating in any matter that the occupants 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.

§ 210-5 Violations and penalties.

[Amended 3-7-1983 by Ord. No. 841-83]
Violations of any of the terms or provisions of this chapter. shall be punishable in the Municipal Court for the Township of Hamilton as follows:
A. 
Conviction of first offense: a fine of not less than $25 nor more than $100.
B. 
Conviction of second offense: a fine of not less than $75 nor more than $150.
C. 
Conviction of third offense or subsequent offenses: a fine of not less than $150 nor more than $500 or imprisonment in the county jail for such term not exceeding 90 days, or both, as the sentencing Judge may impose.