Borough of Washington, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Washington 11-9-1983 by Ord. No. 29-83. Amendments noted where applicable.]
GENERAL REFERENCES

Garbage, rubbish and refuse — See Ch. 47.

Handbills and merchandise samples — See Ch. 49.

Public health nuisances — See Ch. 59.

Littering in streets — See Ch. 75, Art. I.

§ 55-1
Definitions. 

§ 55-2
Litter in public places. 

§ 55-3
Manner of placement of litter in receptacles. 

§ 55-4
Depositing of litter from premises; sidewalks to be maintained free of litter. 

§ 55-5
Litter from businesses; sidewalks to be maintained free of litter. 

§ 55-6
Throwing of litter from vehicles. 

§ 55-7
Distribution or sale of handbills and newspapers. 

§ 55-8
Placement of handbills or newspapers on vehicles. 

§ 55-9
Placement of handbills or newspapers on vacant premises. 

§ 55-10
Placement of handbills or newspapers on posted property. 

§ 55-11
Placement of handbills or newspapers on inhabited private premises. 

§ 55-12
Litter on private property. 

§ 55-13
Owner to maintain premises free of litter. 

§ 55-14
Litter on vacant lots. 

§ 55-15
Nuisances enumerated. 

§ 55-16
Enforcement. 

§ 55-17
Violations and penalties. 

§ 55-18
Abatement of offenses; collection of costs. 

§ 55-19
Repealer. 

§ 55-1 Definitions.

A. 

For the purposes of this chapter, the following words shall have the following meanings:

ABANDONED MOTOR VEHICLE
A motor vehicle of whatever sort which is unlicensed and unregistered in any state or which is incapable of being moved unassisted or which is in a state of partial or complete disrepair and which has remained in one place for a period in excess of 48 hours.
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle provided by the owner or occupier of private premises.
BOROUGH
The Borough of Washington, in the County of Warren and State of New Jersey.
COMMERCIAL HANDBILL
Any printed or written matter, sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copy of any matter of literature:
(1) 

Which advertises for sale any merchandise, product, commodity or thing;

(2) 

Which directs attention to any business or mercantile or commercial establishment or any activity for the purpose of either directly or indirectly promoting the interest thereof by sale;

(3) 

Which 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 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 this Borough; or

(4) 

Which, 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 profit, benefit or gain of any person so engaged as advertiser or distributor.

ENFORCEMENT AGENCY
Any police officer or employee of the Borough of Washington, Warren County, New Jersey, or the Warren County Health Department.
LITTER
Garbage, refuse or rubbish and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
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; and in addition thereto shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
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 of the Borough or other public entity devoted to active or passive recreation by the public.
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, vestibule or mailbox belonging or impertinent to such dwelling, house, building or other structure.
PUBLIC PLACE
Any and all streets, roads, sidewalks, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
VEHICLE
Every device in and 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.
B. 

The plural includes the singular number, and words used in the singular number include the plural number.

§ 55-2 Litter in public places.

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

§ 55-3 Manner of placement of litter in receptacles.

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, road, alley or other public place or upon private property.

§ 55-4 Depositing of litter from premises; sidewalks to be maintained free of litter.

No person shall sweep into or deposit in any gutter, street, parking lot or public place within the Borough the accumulation of litter from any building or lawn or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep any sidewalk in front of their premises free of litter.

§ 55-5 Litter from businesses; sidewalks to be maintained free of litter.

No person owning or occupying a place of business shall sweep into or deposit in any gutter, street, parking lot or public place within the Borough the accumulation of litter from any building or lot or from any public or private sidewalk, driveway or parking lot. Persons owning or occupying places of business within the Borough shall keep the sidewalk in front of their business premises free of litter.

§ 55-6 Throwing of litter from 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 Borough or upon private property.

§ 55-7 Distribution or sale of handbills and newspapers.

No person shall throw or deposit any commercial or noncommercial handbill or newspaper in or upon any sidewalk, street or other public place within the Borough, nor shall any person distribute or sell any commercial handbill or newspaper 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 or newspaper to any person willing to accept it.

§ 55-8 Placement of handbills or newspapers on vehicles.

No person shall throw or deposit any commercial or noncommercial handbill or newspaper 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 or newspaper to any occupant of a vehicle who is willing to accept it.

§ 55-9 Placement of handbills or newspapers on vacant premises.

No person shall throw or deposit any commercial or noncommercial handbill or newspaper in or upon any private premises which are temporarily or continuously uninhabited or vacant. Section 55-11B shall apply hereto.

§ 55-10 Placement of handbills or newspapers on posted property.

No person shall throw, deposit or distribute any commercial or noncommercial handbill or newspaper 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 Advertisements" or "No Peddlers or Agents," or any similar notice indicating in any manner that the owner, occupant or tenant of the premises does not desire to be molested or have his right of privacy disturbed or to have any such handbills or newspapers left upon such premises. Section 55-11B shall apply hereto.

§ 55-11 Placement of handbills or newspapers on inhabited private premises.

A. 

No person shall throw, deposit or distribute any commercial or noncommercial handbill or newspaper in or upon private premises which are inhabited, except by handing or transmitting the same directly to the owner, occupant, tenant or other person then present in or upon such private premises; provided, however, that in the case of inhabited private premises which are not posted as provided in this chapter, such person, unless requested by the owner, occupant or tenant on the premises not to do so, may place or deposit any such handbill or newspaper in or upon such inhabited private premises if the same is so placed or deposited as to secure or prevent the same from being blown about such premises or sidewalks, streets or other public places and the same is not placed upon the surface of the ground. Mailboxes may not be used when so prohibited by federal postal law or regulations, but private boxes may be used when so provided.

B. 

The provisions of this section shall not apply to the distribution of mail by the United States or its agents or legally authorized deliverers.

§ 55-12 Litter on private property.

No person shall throw or deposit litter on any occupied or unoccupied 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 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.

§ 55-13 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.

§ 55-14 Litter on vacant lots.

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

§ 55-15 Nuisances enumerated.

A. 

No person shall, within the limits of the Borough of Washington, do as follows:

(1) 

Throw, dump, cast or deposit paper, paper products, bottles, tin cans, containers, automobile parts, junked or wrecked or abandoned licensed or unlicensed motor vehicles, not carrying current New Jersey or other registration plates and/or inspection stickers, unusable machinery or parts of machines, metal, trash, garbage, debris, wood scraps or other waste materials, upon open fields, woods or private property or upon any street, road, highway, alley or public property, provided that this subsection shall not be construed to prohibit the placing of such materials as are removed from the Borough by the private individual when authorized by said private individual to remove same when placed in suitable containers for that purpose. This subsection shall further not apply to farm machinery maintained on the farmer's own premises.

(2) 

Keep, store, abandon or leave upon any parcel of land, public or private, or upon any street, road, highway or alleyway within the Borough any motor vehicle not currently used for transportation and not being licensed for the current year or which cannot be readily operated under its own power; provided, however, that nothing in this subsection shall prohibit the placing, keeping, storing or abandonment of any such motor vehicle in any garage or other building.

(3) 

Permit land to be covered with or contain refuse and debris resulting from construction activities or the demolition of buildings, which refuse or debris has remained on the land for more than 30 days after the completion of construction or demolition. Salvaged building materials neatly stored on the owner's premises shall not be deemed refuse or debris.

B. 

Nothing in this section shall be constructed to pertain to junk dealers, junkyards, motor vehicle junk dealers, motor vehicle junkyards, wholesale junkyards or wholesale junkyard scavengers duly licensed by the Borough of Washington.

C. 

No person shall, except in an emergency, be allowed to maintain or repair any motor vehicle on any public street, park or parking lot in the Borough of Washington.

§ 55-16 Enforcement.

Enforcement of the within chapter shall be made by any officer or employee of the Borough of Washington or upon complaint of any citizen or any authorized county or state health department or agency.

§ 55-17 Violations and penalties.

Any person who shall violate this chapter shall, upon conviction thereof, pay a fine not exceeding $500 or be imprisoned in the county jail for a term not exceeding 90 days, or both, for each offense, in the discretion of the Court. Each day said offense continues shall constitute a separate offense.

§ 55-18 Abatement of offenses; collection of costs.

In the event that any of the offenses listed hereinabove shall not be corrected or abated by the owner, occupant or tenant after notice, then, and in that event, the Borough of Washington may abate the offense and charge back the cost thereof to the owner of the property by adding the cost thereof to his or her real property tax.

§ 55-19 Repealer.

The ordinance controlling the same subject matter, adopted by the Borough on August 12, 1975, by Ordinance No. 16-75, and known as "Nuisances, General," is hereby repealed.