Township of Montville, NJ
Morris County
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[HISTORY: Adopted by the Township Committee of the Township of Montville by Ord. No. 1308 as Ch. 8.32 of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Pet waste — See Ch. 91, Art. III.
Drainage structures and facilities — See Ch. 138.
Dumpsters — See Ch. 149.
Dust control — See Ch. 154.
Graffiti — See Ch. 213.
Hazardous materials cleanup — See Ch. 215.
Property maintenance — See Ch. 287.
Soil testing and cleanup — See Ch. 311.
Solid waste — See Ch. 317.

§ 241-1 Definitions and word usage.

A. 
Word usage. For the purpose of this chapter and 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. 
Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
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, deposited or stored as herein prohibited, tends to create a danger to public health, safety and welfare.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
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. It is also any building or other structure designed or used either wholly or in part for commercial, business or industrial purposes, subject to the above conditions and inclusions. It is also any open, vacant or unoccupied lot.
PUBLIC PLACE
Any streets, sidewalks, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings, including but not limited to the following: sidewalks used by pedestrians in active commercially zoned areas; buildings held out for use by the public, including schools, government buildings and railroad and bus stations, parks, drive-in restaurants, self-service refreshment areas, construction sites, gasoline service station islands, shopping centers, parking lots, campgrounds and trailer parks, and at special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals.
PUBLIC STRUCTURE OR BUILDING
Any structure or building owned or operated by the federal, county or state government or any governmental agency.
REFUSE
All putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, dismantled automobiles and parts thereof, scrap metal, junk, machinery and solid market and industrial wastes.
RUBBISH
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.
TOWNSHIP
The Township of Montville.
VEHICLE
Every device in or upon a highway, including devices used exclusively upon stationary rails or tracks.

§ 241-2 Litter in public places.

A. 
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 or in official Township dumps; 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.
B. 
The proprietors of public places or the sponsors of public events shall be responsible for providing and serving the receptacles such that adequate containerization is available. At a minimum, for sidewalks used by pedestrians in commercially zoned areas, there shall be no single linear one-fourth mile without a receptacle.

§ 241-3 Placement in receptacles; open burning.

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, sidewalk or other public place. No person shall burn in the open any rubbish or garbage or refuse, including leaves, wood and building debris, except by special permit of the Fire Department, obtained from the Township Clerk. This shall not be construed to prohibit outdoor cooking and the use of normal fuel therefor.

§ 241-4 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.

§ 241-5 Responsibility 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 any litter from such place of business. Persons owning or occupying places of business within the Township shall keep the sidewalk and gutter in front of their business premises free of litter.

§ 241-6 Throwing litter from vehicles prohibited.

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.

§ 241-7 Litter from trucks.

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; 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 any mud, dirt, sticky substances or foreign matter of any kind.

§ 241-8 Disposal of 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. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.

§ 241-9 Litter in lakes and fountains.

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

§ 241-10 Handbills.

A. 
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 or distribute or sell any commercial handbill in or upon any sidewalk, street or other public place within the Township; provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the Township 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 is 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 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 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 right of privacy disturbed or to have any such handbills left upon such premises.
E. 
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which is inhabited except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, shall have the authority to place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be used when so prohibited by federal postal law or regulations.

§ 241-11 Unsolicited newspapers and similar printed matter.

[Amended 2-14-2006 by Ord. No. 2006-06]
A. 
It shall be unlawful for any person to deliver or deposit or for any person, firm or corporation to cause the delivery or deposit of any unsolicited newspapers, shoppers and other like printed matter to or upon any private premises within the Township of Montville except in accordance with the terms hereof. For the purposes of this section, "unsolicited" shall mean the printed matter referred to herein which has not been ordered, subscribed to or requested by the recipient.
B. 
Such printed matter shall be placed only within a permanently installed appurtenance to the premises designed and designated for the receipt of such printed matter or, if there is none, on the ground or floor at a point beneath the place where such premises receives its mail or within a three-foot radius of that point.
C. 
Excepted from the provisions of Subsection B hereof shall be such printed matter which plainly bears within it the name and address of a person responsible for its circulation to whom may be addressed a written notice by any recipient indicating the recipient's desire to cease future delivery of the particular item of printed matter.
D. 
There shall be no intentional delivery whatsoever of any such unsolicited printed matter to premises after the owner or tenant of such premises has notified the publisher or the delivery person or, in the case of printed matter referred to in Subsection C hereof, after the owner or tenant of the premises has notified that person indicated in the printed matter to be the person having authority to cease further delivery of the same, by certified mail, return receipt requested, at the address so indicated, that such delivery shall cease or be suspended for a stated period of time. For the purposes of condominiums or other common properties, notification must come from the individual unit owner or tenant.[1]
[1]:
Editor's Note: Original Sec. 8.32.110E, which contained a penalty for violation of this section (§ 241-11, Unsolicited newspapers and similar printed matter), which previously followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now § 241-16, Violations and penalties.

§ 241-12 Posting of notices.

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.

§ 241-13 Litter on occupied private premises.

No person shall throw, deposit or store litter on any occupied private premises within the Township, whether owned by such person or not, except that the owner or person in control of private premises may maintain authorized private receptacles for collection and removal of same in such manner that same shall not be unsightly and detrimental to the surrounding neighborhood.

§ 241-14 Maintenance of private premises by owner.

The owner or person in control of any private premises 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.

§ 241-15 Litter on vacant lots.

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

§ 241-16 Violations and penalties.

[Amended 2-28-2006 by Ord. No. 2006-09]
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Chapter 1, Article III, General Penalty.