[HISTORY: Adopted by the Mayor and Council
of the Borough of Middlesex as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-27-1971 by Ord. No. 564]
For the purpose of this chapter, the following
terms, phrases, words and derivations shall have the meanings given
herein. When not inconsistent with the context, words used in the
present tense shall include the future; words used 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.
The Borough of Middlesex in the County of Middlesex and State
of New Jersey.
Includes all materials used for landfill and/or road-construction
purposes, including industrial scraps, sand, gravel, macadam and concrete
products (new or broken up), topsoil and other materials as may be
approved by the Middlesex Borough Board of Health.
The putrescible, animal and vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
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.
[Amended 7-27-2021 by Ord. No. 2038]
A container suitable for the depositing of litter.
[Added 7-27-2021 by Ord.
No. 2038]
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
[Amended 7-27-2021 by Ord. No. 2038]
Any and all streets, sidewalks, alleys or other public ways,
and any and all public parks, squares, spaces, grounds and buildings
within the Borough.
Any putrescible solid wastes, including garbage, rubbish,
ashes, street cleanings, dead animals, scrap metal, machinery, any
solid market or industrial waste.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper wrappings, cigarettes, cardboard,
tin cans, grass, glass, bedding, crockery, building materials and
similar other waste materials.
Includes that land between the curbline and property line,
whether or not the land has been improved with a hard surface.
[Amended 7-27-2021 by Ord. No. 2038]
No person shall throw or deposit or place, or
cause to be blown or cause to be deposited or placed, upon any street,
sidewalk or other public place within the Borough of Middlesex any
litter, garbage, refuse or rubbish, except in a litter receptacle,
or as authorized under the rules and regulations of the Borough for
regulating municipal garbage collection.
No person while a driver or passenger in any
vehicle shall throw or deposit, or place or cause to be placed, thrown
or deposited or blown, upon any street or other public place within
the Borough of Middlesex, any litter, garbage, refuse or rubbish.
No person shall drive or move any truck or any
vehicle within the Borough of Middlesex unless such vehicle is so
constructed or loaded as to prevent any load or contents of litter,
ashes, garbage, refuse, rubbish or other waste materials from being
blown or deposited or falling upon any street, alley or other public
place in the Borough; nor shall any person drive or move any vehicle
or truck within the Borough if the wheels or tires carry onto or deposit
in any street, alley or other public place mud, dirt, sticky substances
or foreign matter of any kind, unless the public way is promptly cleaned
at the end of each day's work by the responsible contractor.
Every person who shall deposit litter, ashes,
garbage, rubbish or refuse at any sanitary landfill site duly licensed
in the Borough of Middlesex shall transport such material to the site
either in a closed vehicle, or a vehicle in which such material is
covered tightly by a tarpaulin or other appropriate covering, or else
all such materials shall be transported in suitable containers with
tightly fitting covers.
All litter, garbage, refuse or rubbish or other
materials being transported by truck or other vehicle within the Borough
of Middlesex which shall spill or fall while being carried or conveyed
by a truck or other collection vehicle or container, or while being
loaded into or transported by any such truck, vehicle or other container,
shall be immediately removed and broom-cleaned so as to leave the
premises or street or public way in a clean condition. The operator
of any such truck, vehicle or the person having control over any such
container shall be responsible for removing and cleaning, as specified
herein.
[Added 11-26-1991 by Ord. No. 1222]
No person will be permitted to 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.
Every person who owns or occupies property must keep the sidewalk
in front of his or her premises free of litter. All litter sweepings
must be collected and properly containerized for disposal.
[Added 11-26-1991 by Ord. No. 1222]
It is unlawful for any residential or commercial
property owner to permit open or overflowing waste disposal bins on
his or her property.
[Added 11-26-1991 by Ord. No. 1222]
It is unlawful for any owner, agent or contractor
in charge of a construction or demolition site to permit the accumulation
of litter before, during or immediately following completion of any
construction or demolition project. It is the duty of the owner, agent
or contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or nonflyable debris or trash at areas
convenient to construction areas and to maintain and empty the receptacles
in such a manner and with such a frequency as to prevent spillage
of refuse.
[Added 11-26-1991 by Ord. No. 1222]
Commercial establishments and residences. It
is the duty of the owner, lessee, tenant, occupant or person in charge
of any structure to keep and cause to be kept the sidewalk and curb
abutting the building or structure free from obstruction or nuisances
of every kind and to keep and cause to be kept the sidewalk and curb
abutting the building or structure free from obstruction or nuisances
of every kind and to keep sidewalks, areaways, back yards, courts
and alleys clear of litter.
[Added 11-26-1991 by Ord. No. 1222]
It is unlawful for any person to place, to cause
to be placed or to hire another to place any advertisement, handbill
or any other unsolicited material of any kind in or on any street,
sidewalk, building or vehicle within the community in such a manner
that it may be removed by natural forces.
Any person who shall violate any provision of
this chapter shall, upon conviction, be punishable by a fine not exceeding
$200 or by imprisonment for not more than 60 days, or both, in the
discretion of the Municipal Magistrate. A separate offense shall be
deemed committed on each day during or on which a violation occurred
or continued, or for each separate violation hereof.
[Adopted 10-11-2005 by Ord. No. 1667]
An article to establish requirements to control
littering in the Borough of Middlesex, so as to protect public health,
safety and welfare, and to prescribe penalties for the failure to
comply.
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this chapter clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future, words used 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.
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.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A.Â
It shall be unlawful for any person to throw, drop,
discard or otherwise place any litter of any nature upon public or
private property other than in a litter receptacle, or having done
so, to allow such litter to remain.
B.Â
Whenever any litter is thrown or discarded or allowed
to fall from a vehicle or boat in violation of this article, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this article.
This article shall be enforced by the Police
Department and/or the Code Enforcement Official of the Borough of
Middlesex.
Any person(s) who is found to be in violation
of the provisions of this article shall be subject to a fine not to
exceed $500.
