Township of Livingston, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Livingston 11-5-1979 as §§ 18-1 and 18-27 to 18-36 of the 1979 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 203.
Removal of political signs — See Ch. 222.
Property maintenance — See Ch. 227.
Solid waste collection — See Ch. 265, Art. I.

§ 178-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CONTAINERIZED
The placement of grass clippings and leaves in a trash can, bucket, bag or other vessel, such as to prevent the grass clippings or leaves from spilling or blowing out into the street and coming into contact with stormwater.
[Added 9-19-2005 by Ord. No. 25-2005]
GARBAGE
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse and rubbish, as defined herein, 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 unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
[Amended 9-19-2005 by Ord. No. 25-2005]
LITTER RECEPTACLE
A container suitable for the depositing of litter.
[Added 9-19-2005 by Ord. No. 25-2005]
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
[Added 9-19-2005 by Ord. No. 25-2005]
PUBLIC PLACE
Includes all streets, roads, highways, sidewalks, parking lots, alleys or other public ways, and any and all public buildings, parks, squares, spaces, grounds and recreation areas.
REFUSE
All putrescible and nonputrescible solid waste (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, bottles, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing state, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
[Added 9-19-2005 by Ord. No. 25-2005]

§ 178-2 Litter in public places; liability of vehicle or boat owners and operators.

A. 
No person shall throw, place or deposit any litter, nor cause, suffer or permit any litter to be thrown, placed or deposited, in or upon any street, sidewalk or other public place within the Township, except in public receptacles which may be provided for such purpose or in authorized private receptacles for private collection.
B. 
Placing the litter in said receptacles shall be done in such manner as to prevent the litter from being carried or deposited by the elements upon such street, sidewalk or public place; and provided, however, that the public receptacles shall not be used for the deposit of domestic, commercial or industrial litter.
C. 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this chapter, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this chapter.
[Added 9-19-2005 by Ord. No. 25-2005]

§ 178-3 Sweeping litter into gutters; clearing of sidewalks.

A. 
No person shall sweep into or deposit, or cause, suffer or permit to be swept into or deposited, in any gutter, street or other public place within the Township, the accumulation of litter from any building or lot from any public or private sidewalk or driveway.
B. 
Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

§ 178-4 Disposal of grass clippings and leaves.

[Added by Ord. No. 8-1982; amended by Ord. No. 33-1989; Ord. No. 46-2003; 9-19-2005 by Ord. No. 25-2005]
A. 
Disposal of grass clippings. It shall be unlawful for any person to dispose of grass clippings by depositing them in any catch basin or sewer or by leaving them along any curbline or gutter. To the extent necessary in order to assemble and accumulate grass clippings, the same may temporarily be placed in a gutter or along a curbline so long as they are not left there permanently (i.e., any longer than reasonably necessary in the assemblage or gathering process). In addition, no person shall dispose of grass clippings by placing them or causing them to be placed (i.e., through air blowers or other mechanical equipment) upon adjacent property. Grass clippings may only be disposed of if containerized.
B. 
Disposal of leaves. It shall be unlawful for any person to dispose of leaves by depositing them in any catch basin or sewer or by leaving them along any curbline or gutter. To the extent necessary in order to assemble and accumulate leaves, the same may temporarily be placed in a gutter or along a curbline so long as they are not left there permanently (i.e., any longer than reasonably necessary in the assemblage or gathering process). In addition, no person shall dispose of leaves by placing them or causing them to be placed (i.e., through air blowers or other mechanical equipment) upon adjacent property. Leaves may only be disposed of if containerized, except during the leaf disposal period as defined in Subsection B(2). For purposes of this section, adjacent property shall not be deemed to refer to the curbline or gutter of that portion of a public street that may be adjacent to the property from which the leaves are being disposed.
(1) 
Leaves may be placed at the curbline or in the gutter of that portion of the public street adjacent to the property from which the leaves are being disposed of but only during the leaf disposal period of time and dates as defined in Subsection B(2). Leaves shall not be placed closer than 10 feet to any storm drain inlet or catch basin and may be in the street gutter only for a maximum period of seven days before their actual collection.
(2) 
The leaf disposal period shall be that period of scheduled time and dates as shall be announced by the Township Manager or Township Engineer by giving two weeks’ advance notice prior to the period’s commencement, which notice shall be:
(a) 
Prominently posted in at least one public place reserved for such or similar announcements;
(b) 
Published in at least one newspaper which is circulated within the Township; and
(c) 
Filed with the Township Clerk.
C. 
All persons residing on Essex County roads (Beaufort Avenue; East Cedar Street; Eisenhower Parkway; East/West Hobart Gap Road; Kennedy Parkway; Laurel Avenue; South/North Livingston Avenue; East/West Northfield Road; Old Short Hills Road; Parsonage Hill Road; Passaic Avenue; Shrewsbury Drive; South Orange Avenue; and Walnut Street) and State Highway Rt. 10 (East/West Mt. Pleasant Avenue) are required to place leaves for disposal in bags which have either been provided by the Township or their equivalent. No leaves for disposal may be placed at the curbline of the above-listed streets.

§ 178-5 Disposal of brush or branches.

[Added by Ord. No. 46-2003]
Any brush or branches placed at the curbline for disposal must be cut in lengths not to exceed three feet and must be tied or bundled.

§ 178-6 Merchants' duty to keep adjacent public areas free of litter.

No person owning or occupying a place of business shall sweep or deposit, or cause, suffer or permit to be swept or deposited, in any gutter, street or other public place within the Township, the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the Township shall keep the sidewalks, walkways, driveways, parking areas, and other public areas adjacent to their business premises free of litter.

§ 178-7 Litter on private property or vacant lots.

No person shall throw, place or deposit any litter, or cause, suffer or permit any litter to be thrown, placed or deposited, upon any occupied or unoccupied private property or upon any vacant lot within the Township, whether owned by such person or not, except that the owner or person in control of such property or lot may maintain authorized private receptacles for private collection, and then only in such manner as to prevent the litter from being carried or deposited by the elements upon any street, sidewalk or other public place or upon other private property.

§ 178-8 Litter in public or private waters.

No person shall throw, place or deposit any litter, or cause, suffer or permit any litter to be thrown, placed or deposited, in any public or private fountain, pond, stream, brook or other body of water within the Township.

§ 178-9 Litter or other matter from vehicles.

A. 
No person, while a driver or passenger in a vehicle, shall throw or deposit any litter, or cause, suffer or permit any litter to be thrown or deposited, upon any street or other public place within the Township, or upon private property.
B. 
No person shall drive or move any vehicle or truck within the Township whose wheels or tires shall carry onto or deposit in any street, alley or other public place in the Township any mud, dirt, sticky substance, litter or foreign matter of any kind.

§ 178-10 Placement of newspapers to prevent littering.

No newspaper shall be deposited upon walkways, driveways, or landscaped areas of any private property. Newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or other private property.

§ 178-11 Posting of notices.

[Amended 9-6-2011 by Ord. No. 29-2011]
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public, nor cause, suffer or permit the same to be posted or affixed, to any tree, lamppost, public utility pole or traffic signs within the municipal right-of-way or upon any public building or structure, except as may be permitted or required by law.

§ 178-12 Covering of vehicles transporting paper.

No person shall transport paper by truck or other vehicle within the Township unless the paper is fully and completely covered by canvas, tarpaulin or similar material. The covering shall be securely fastened as to prevent any paper from being blown or deposited upon any street, alley, or other public place or private premises.

§ 178-13 Violations and penalties.

Unless another penalty is expressly provided herein, any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500, or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.