[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-6-1973 by Ord. No. 1001 (Ch.
84, Art. I, of the 1974 Code)]
A.
Word usage. 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.
B.
AUTHORIZED PRIVATE RECEPTACLE
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
GARBAGE
LITTER
LITTER RECEPTACLE
PERSON
PRIVATE PREMISES
PUBLIC PLACE
PUBLIC STRUCTURE OR BUILDING
REFUSE
RUBBISH
VEHICLE
Terms defined. For the purpose of this article, the
following terms, phrases, words and their derivations shall have the
meanings given herein:
A litter storage and collection receptacle which will contain
litter 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 any private property.
Any printed or written matter, any sample device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter or literature
which:
Advertises for sale any merchandise, product,
commodity or thing;
Directs attention to any business or mercantile
purpose of either directly or indirectly promoting the interest thereof
by sales;
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 subsection 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 the ordinary rules of decency, good morals, public
peace, safety and good order; provided that nothing contained in this
clause 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 Borough; or
While containing reading matter 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.
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 3-22-2005 by Ord. No. 08-2005]
A container suitable for the depositing of litter.
[Added 3-22-2005 by Ord. No. 08-2005]
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
[Amended 3-22-2005 by Ord. No. 08-2005]
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, walk, driveway, porch, steps or
vestibule belonging or appurtenant to such dwelling house, building
or other structure.
Any street, sidewalk, alley or other public way and any and
all public parks, squares, spaces, grounds and buildings.
Any structure or building owned or operated by the federal,
county or state government or any governmental agency.
All putrescible solid wastes, except body wastes, including
garbage, rubbish, ashes, street cleanings, dead animals and solid
market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as papers, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery, building materials and similar materials.
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.
No person shall throw or deposit litter in or
upon any street, sidewalk, public place or other public property within
the Borough except in public receptacles or in authorized private
receptacles for collection; provided, however, that said public receptacles
shall not be used by persons owning or occupying property in the vicinity
of said public receptacles for the deposit of domestic, commercial
and industrial litter arising from the conduct of said activities.
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.
A.
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
in front of their premises free of litter.
B.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the Borough any accumulation of litter, and all persons
owning or occupying places of business within the Borough shall keep
the sidewalk in front of their business 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 place
within the Borough.
No person shall drive or move any truck or other
vehicle within the Borough unless such vehicle is so constructed or
loaded as to prevent any load or contents of 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 Borough the
wheels or tires of which carry onto or deposit in any street, alley
or other public place mud, dirt, sticky substances or foreign matter
of any kind.
No person shall throw or deposit litter in any
fountain pond, lake, stream, bay, river or any other body of water
in a park or elsewhere within the Borough.
A.
No person shall throw or deposit any commercial or
noncommercial handbill in or upon any sidewalk, street or other public
place within the Borough, nor shall any person hand out or distribute
or sell any commercial handbill in any public place; provided, however,
that it shall not be unlawful on any sidewalk, street or other public
place within the Borough for any person to hand out or distribute,
without charge to the receiver thereof, any noncommercial handbill
to any person willing to accept it.
B.
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.
C.
No person shall throw or deposit any commercial or
noncommercial handbill in or upon any private premises which are temporarily
or continuously uninhabited or vacant.
D.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill upon any private premises if requested by
the owner or lessee thereof 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 Peddlers or Agents," "No Advertisement"
or any similar notice, indicating in any manner that the owner or
lessee of said premises does 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 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 or shade tree, or upon
any public structure or building, except as may be authorized by the
owners thereof 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 the same in such manner that the same shall
not be unsightly and detrimental to the surrounding neighborhood.
The owner or person in control of any private
property shall at all times maintain the premises free of litter,
including but not limited to one or more automobile bodies, frames
or chassis, one or more automobiles unable to be self-propelled, or
one or more abandoned automobiles. The owner or person in control
of any private property shall further, at all times, maintain the
premises free of any of the following conditions which may constitute
a hazard to the public health, welfare or safety or a fire hazard:
No person shall throw or deposit litter on any
private property within the Borough, either owned by such person or
not, nor shall any person throw or deposit upon any private property
one or more automobile bodies, frames or chassis, one or more automobiles
unable to be self-propelled or one or more abandoned automobiles.
The owner, lessee or occupant of such property shall not permit, allow
or maintain litter or automobiles as herein described which have been
thrown or deposited on their premises to remain there for more than
five days.
A.
Notice to remove. The governing body of the Borough
is hereby authorized and empowered to notify the owner or person in
control of any open or vacant private property within the Borough,
or the agent of such owner, to properly dispose of litter, brush,
weeds, debris, automobile bodies, frames of chassis or abandoned automobiles,
or ragweed located on such owner's property which is or may become
dangerous to public health, safety or welfare. Such notice shall contain
a description of the property affected, sufficiently definite in terms
to identify it, and a notice that unless the litter, brush, weeds,
debris, automobile bodies, frames or chassis or abandoned automobiles,
or ragweed are properly disposed of within 10 days after service of
notice, the Borough will proceed with the removal and proper disposition
of such litter and shall cause the costs of such removal and disposition
to be charged as a municipal lien against the premises.
B.
Service of notice to remove. The notice referred to in Subsection A of this section shall be served by the Totowa Police Department upon an owner or person in control, resident in the Borough, in person or by leaving it at his usual place of residence with a member of his family above the age of 14 years. If an owner or person in control shall not reside in the municipality, notice may be served upon him personally or mailed to his last known post office address by registered or certified mail, or it may be served upon the occupant of the property or upon the agent or the owner in charge thereof. If the owner or person in control of the property is unknown or service cannot for any reason be made as above directed, notice thereof shall be published at least once, not less than 10 days before the proposed removal or proper disposition, in a newspaper circulating in the municipality. There may be inserted in the advertisement notice to the owners of several different parcels of land. Notice to infant owners or owners of unsound mind shall be served upon their guardians. Where lands are held by joint tenants, tenants in common or tenants by the entirety, service upon one of the owners shall be sufficient and deemed and taken as notice to all.
C.
Filing of proof of service. Proof of service of such
notice shall be filed within 10 days thereafter or within 10 days
of the publication of such notices, with the officer having charge
of the record of tax liens in the Borough, but failure to file the
same shall not invalidate the proceedings if service has actually
been made as herein provided.
D.
Upon failure of the owner or person in control of any property to dispose of any litter or weeds or other items in accordance with notice given pursuant to Subsection A of this section , within the time provided for therein, removal of the condition described therein shall be effected by the Totowa Department of Public Works upon receipt of a copy of the proof of service provided for in Subsection C.
E.
Municipal liens. When the Borough has effected the
removal or proper disposition of such dangerous litter, weeds or other
growths, or automobile bodies, frames or chassis or abandoned automobiles,
an accurate account of the cost and expense thereof shall be kept,
and a true statement under oath or affirmation shall be filed by the
officer of the Borough in charge of such removal or proper disposition
with the Borough Clerk. The governing body shall examine the same
and, if it is properly made, shall confirm it and file such report
with the Treasurer-Collector, who shall record it in a book to be
kept for that purpose. When so recorded, the costs and charges stated
in said statement shall constitute a municipal lien against the premises.
Such statement recorded in accordance with the provisions hereof shall
be prima facie evidence that all legal formalities have been complied
with and that the work has been done properly and satisfactorily,
and that the same is due and collectible as hereinafter provided.
F.
The amount so charged shall forthwith become a lien
upon such lands and shall be added to and become and form a part of
the taxes next to be assessed and levied upon such lands, the same
to bear interest at the same rate as taxes, and shall be collected
and enforced by the same officers and in the same manner as taxes.
[Adopted 9-27-1988 by Ord. No. 13-88 (Ch.
84, Art. II, of the 1974 Code)]
A.
It shall be unlawful for any person to throw, drop,
discard or otherwise place litter of any nature upon any public or
private property, other than in a litter receptacle.
B.
"Litter" means 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, newspaper, 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.
Litter receptacles and their servicing are required
at the following public places which exist in the municipality, including
sidewalks used by pedestrians in active retail commercially zoned
areas, such that at a minimum there shall be no single linear quarter-mile
without a receptacle; buildings held out for use by the public, including
schools, government buildings, and railroad and bus stations; parks;
drive-in restaurants; all street vendor locations; self-service refreshment
areas; construction sites; gasoline service station islands; shopping
centers; parking lots; campgrounds and trailer parks; marinas, boat
moorage and fueling stations; boat-launching areas; public and private
piers operated for public use; beaches and bathing areas; and at special
events to which the public is invited, including sporting events,
parades, carnivals, circuses and festivals. The proprietors of these
places or the sponsors of these events shall be responsible for providing
and servicing the receptacles such that adequate containerization
is available.
B.
"Litter receptacle" means a container suitable for
the depositing of litter.
[Amended 3-22-2005 by Ord. No. 08-2005]
A.
It shall be unlawful for any person to discard or
dump along any street or road, on or off of any right-of-way, any
household or commercial solid waste, rubbish, refuse, junk, vehicle
or vehicle parts, rubber tires, appliances, furniture or private property,
except by written consent of the owner of said property in any place
not specifically designated for the purpose of solid waste storage
or disposal.
B.
Prohibited acts and regulated activities.
(1)
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.
(2)
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.
It shall be unlawful for any residential property
owner to store or permit storage of any bulky household waste, including
household appliances, furniture and mattresses, in areas zoned residential,
except in a fully enclosed structure or during days designated for
the collection of bulky items.
It shall be unlawful for any residential property
owner to store or permit the storage of tires in areas zoned residential,
except in a fully enclosed structure or on days designated for the
collection of tires.
It shall be unlawful for any residential property
owner to park or permit the parking of any vehicle on his or her residential
lawn.
It shall be unlawful for any person to keep
or permit the keeping on streets, vacant lots and residential lawns
except in a fully enclosed structure any motor vehicle, trailer or
semitrailer which is missing tires, wheels, engine or any essential
parts; which displays extensive body damage or deterioration; which
does not display a current, valid state license; or which is wrecked,
disassembled or partially disassembled.
It shall be unlawful for any vehicle to be driven,
moved, stopped or parked on any highway unless such a vehicle is constructed
or loaded to prevent any of its load from dropping, sifting, leaking
or otherwise escaping therefrom. Any person operating a vehicle from
which any glass or objects 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 glass or objects and shall pay the costs thereof.
It shall be unlawful for any owner, agent or
contractor in charge of a construction or demolition site to permit
the accumulation of litter before, during or after completion of any
construction or demolition project. It shall be 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.
It shall be unlawful for any residential or
commercial property owner to permit open or overflowing waste disposal
bins on his or her property.
It shall
be 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 sidewalks, areaways, backyards, courts and
alleys free from litter and other offensive material. No person 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. Every person who owns or occupies property shall
keep the sidewalk in front of his or her premises free of litter.
All sweepings shall be collected and properly containerized for disposal.
[Added 3-22-2005 by Ord. No. 08-2005]
This article shall be enforced by the Borough
of Totowa Building Department and/or Police Department.
[Amended 9-10-2002 by Ord. No. 21-2002; 3-22-2005 by Ord. No. 08-2005]
A.
Any person who violates any of the provisions of this
article, shall upon conviction, be punished by a fine not to exceed
$2,000 for each offense or by imprisonment for a term not to exceed
90 days, or a requirement of community service not to exceed 90 days.
A separate offense shall be deemed committed on the day on which a
violation occurs and each day the violation continues to occur.
[Amended 3-28-2006 by Ord. No. 07-2006]
B.
Any person who violates any of the provisions of this
article shall be responsible for any and all cleanup costs incurred
by the Borough.
