Township of Evesham, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Evesham 7-5-1972 by Ord. No. 10-7-72. Amendments noted where applicable.]
GENERAL REFERENCES
Violations and penalties — See Ch. 1, Art. I.
Brush, grass and weeds — See Ch. 54.
Garbage, rubbish and refuse — See Ch. 85.
Recycling — See Ch. 118.
Inoperable vehicles — See Ch. 153.
[1]
Editor's Note: Ordinance No. 29-5-88, adopted 5-17-1988, changed the title of this chapter from "Littering" to "Clean Community Code."

§ 97-1 Definitions and word usage.

A. 
Word usage. When not inconsistent with the context, words used in the present tense in this chapter 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. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
AIRCRAFT
Any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air, including helicopters and lighter-than-air dirigibles and balloons.
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle.
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 which:
(1) 
Advertises for sale any merchandise, product, commodity or thing.
(2) 
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.
(3) 
Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged the purpose of private gain or profit. 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, however, 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 the Township.
(4) 
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.
GARBAGE
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.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
[Added 5-17-1988 by Ord. No. 29-5-88]
NEWSPAPER
Any newspaper of general circulation (as defined by general law), any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation and any newspaper filed and recorded with any recording officer as provided by general law. In addition thereto, "newspaper" shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public. The term "newspaper" shall not include publications delivered free of charge, not at the request of the property owner, which consist primarily of advertising material. Such publications are, for the purposes of this chapter, to be considered commercial handbills.
[Amended 2-19-1980 by Ord. No. 9-2-80]
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, 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.
PARK
A park, reservation, playground, recreation center or any other public area in the Township, owned or used by the Township and devoted to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRINCIPAL ADVERTISER
In a commercial handbill, the person, firm or corporation whose advertising message occupies a substantial amount of the advertising space in the handbill, such that it appears to be the sponsor of the handbill.
[Added 2-19-1980 by Ord. No. 9-2-80]
PRIVATE PREMISES
Any dwelling house, building or other structure designed or used, either wholly or in part, for private residential purposes, whether uninhabited or temporarily or continuously inhabited or vacant, including but not limited to any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public ways, paved or unpaved, and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes (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, yard clippings, wood, glass, bedding, crockery and similar materials.
TOWNSHIP
The Township of Evesham.
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.

§ 97-2 Litter in public places.

No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Township except in public receptacles or in authorized private receptacles for collection.

§ 97-3 Use of litter receptacles.

A. 
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. 
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.
[Added 5-17-1988 by Ord. No. 29-5-88]
C. 
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 streets, sidewalks or other public places or upon private property.
[Added 5-17-1988 by Ord. No. 29-5-88]

§ 97-4 Sweeping litter into gutters prohibited.

No person shall sweep into or deposit 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 property shall keep the sidewalk in front of their premises free of litter.

§ 97-5 Duty of merchants.

No person owning or occupying a place of business shall sweep into or deposit 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 their business premises free of litter.

§ 97-6 Litter thrown by persons in vehicles.

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, or upon private property.

§ 97-7 Truckloads causing fitter.

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 or contents of litter from being blown or deposited upon any street, alley or other public place or private property.

§ 97-8 Litter in parks.

No person shall throw or deposit litter in any park within the Township except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place or private property. Where public receptacles are not provided, all such litter shall be carried away from the park by the persons responsible for its presence and properly disposed of elsewhere as provided herein.

§ 97-9 Litter in fountains and streams.

No person shall throw or deposit litter in any fountain, pond, stream or any other body of water within the Township.

§ 97-10 Dropping litter from aircraft.

No person in any aircraft shall throw out, drop or deposit within the Township any litter, handbill or any other object.

§ 97-11 Litter on private property.

No person shall throw or deposit litter on any occupied or unoccupied private property within the Township, 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 in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.

§ 97-12 Owner to maintain premises free of litter.

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 private receptacles for collection. Compost heaps are acceptable as long as material cannot be carried or deposited by the elements upon any street, sidewalk or private or public places. No garbage shall be permitted in such compost heaps and any compost heap must be located at least four feet from any property line.

§ 97-13 Litter on vacant lots.

No person shall throw or deposit litter on any open or vacant private property within the Township, whether owned by such person or not.

§ 97-14 Litter in commercial and industrial places.

No person shall throw or deposit litter in or upon any commercial or industrial place except in approved receptacles. Persons owning or in control of commercial or industrial places must provide receptacles for litter of sufficient size to be adequate for the area. Owners or tenants are completely responsible for the policing of the premises. Upon complaint of any citizen or the Zoning Officer of trash or litter, if it can be determined from which store or place of business the trash originated, the owner(s) or tenant(s) will be held responsible.

§ 97-15 Litter from pets.

The owner of any animal that violates this chapter shall be subject to the same penalty, as provided for violations generally.

§ 97-16 Throwing or distributing commercial handbills in public places.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Township, nor shall any person hand out, distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.

§ 97-17 Placing handbills on vehicles.

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.

§ 97-18 Depositing handbills on vacant private premises.

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.

§ 97-19 Distribution of handbills prohibited where posted.

No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested 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 of said premises do not desire to be molested or have their rights of privacy disturbed, or to have any such handbills left upon such premises.

§ 97-20 Distributing handbills at inhabited private premises; exemption.

A. 
No person shall throw, deposit or distribute or cause to be thrown, deposited or distributed any commercial or noncommercial handbill in or upon private premises, which are inhabited, if the owner of said premises has either posted said premises as specified in § 97-19, or notified the publisher or distributor of said handbill that no handbills are to be delivered to said premises. In the case of premises which are not posted and for which no notice has been sent, a person may place or deposit handbills thereupon being careful to secure same and prevent such handbill from being blown or drifted about such premises or sidewalks or streets or other public places; mailboxes may not be so used when so prohibited by federal postal law or regulations.
[Amended 2-19-1980 by Ord. No. 9-2-80]
B. 
Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers, as defined herein, except that 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 upon private property.

§ 97-21 Posting notices prohibited.

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 or required by law.

§ 97-22 Registration of commercial handbill distributors.

[Added 2-19-1980 by Ord. No. 9-2-80]
A. 
Any person, firm or corporation wishing to distribute commercial handbills in the Township of Evesham must first register with the Township Manager or the official designated by the Township Manager.
B. 
The registrant shall provide his name and address and the name and address of the publisher or distributor of the commercial handbill. Adequate proof of identify will be required. Furthermore, the handbill and any package enclosing the handbill shall clearly display the name, address and telephone number of the registrant and, if the distributor is distinct from the registrant, the distributor of said handbill. Should the distribution of any handbill result in a violation of this chapter, both the registrant and the distributor shall be subject to the enforcement and provisions set forth herein.
[Amended 2-20-1996 by Ord. No. 4-2-96]

§ 97-22.1 Storage of household solid waste.

[Added 5-17-1988 by Ord. No. 29-5-88]
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.

§ 97-22.2 Storage of tires.

[Added 5-17-1988 by Ord. No. 29-5-88; amended 6-5-2001 by Ord. No. 18-6-2001]
A. 
Intent and purpose. The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health and general welfare of persons in Evesham Township and to prevent the spread of diseases from mosquito transmission by preventing the presence of mosquito larvae in water that accumulates in tires.
B. 
Proper storage of tires. Tires shall be stored in a totally enclosed structure or covered to prevent the existence or presence of any water in which mosquito larvae may mature and grow or exist. If stored outside, they must be stored up off the ground and covered not to allow standing water.
C. 
Unusable tires. Any tires that cannot be used shall be considered waste material and must be disposed of in a proper and lawful manner which prevents the collection of stagnant rainwater in said tires.
D. 
Enforcement; violations and penalties.
(1) 
There shall be fines fixed at an amount of $50, first offense; $100, second offense; and $150 third and subsequent offenses.
(2) 
Each and every day in which a violation of any provisions of this section exists shall constitute a separate violation.
(3) 
It shall be the responsibility of the Municipal Code Enforcement Officer and/or Burlington County Health Department to enforce this section.

§ 97-22.3 Construction sites.

[Added 5-17-1988 by Ord. No. 29-5-88]
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.

§ 97-23 Enforcement. [1]

[Added 2-20-1996 by Ord. No. 4-2-96]
The Township Manager or the Manager's designee, as well as the Police Department, shall have full power to enforce the provisions of this chapter. Moreover, any Evesham Township resident who observes a violation under this chapter may pursue a violation by way of citizen's complaint.
[1]
Editor's Note: Former § 97-23, Violations and penalties, as amended, was renumbered as § 97-24 2-20-1996 by Ord. No. 4-2-96.

§ 97-24 Violations and penalties.

[Amended 11-1-1977 by Ord. No. 40-11-77; 2-19-1980 by Ord. No. 9-2-80]
A. 
There shall be a rebuttable presumption that the publisher of any commercial handbill or, in the case of a commercial handbill on which no publisher is listed, the principal advertiser caused the handbill to be placed or distributed. Such publisher or principal advertiser, absent proof to the contrary, may be held liable for a violation of this chapter if said commercial handbill should be found to have been improperly placed or distributed.
B. 
Any person or persons, firm or corporation violating any provision of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article I, of this Code, and shall pay all expenses incurred for the removal of said litter.