Township of Ocean, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Ocean as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 280.
Solid waste — See Ch. 318.
[Derived from § 5-1 of the 1972 Ocean Codified Ordinances]

§ 227-1 Definitions.

As used in this article, the following terms are defined:
GARBAGE
Putrescible animal and vegetable waste 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 prohibited, tends to create a danger to public health, safety and welfare.
PUBLIC PLACE
All streets, sidewalks, boulevards, alleys, beaches or other public ways, and all public parks, squares, spaces, docks, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid waste (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial waste.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon highway, including devices used exclusively on stationary rails or tracks.

§ 227-2 Prohibitions; violations and penalties.

[Amended by Ord. No. 1996-8]
A. 
General prohibitions. No person shall sweep, throw, deposit or dump litter in or on any property whether occupied, open or vacant and whether owned by that person, or in public place or pond, lake or stream or other body of water within the Township, except in public receptacles or in authorized private receptacles for collection.
B. 
No person shall sweep, throw, deposit or dump any litter, garbage, refuse, trash or rubbish upon any street end or paper street which is owned by the Township, or property which is owned by the County of Ocean or State of New Jersey. In addition, no person shall leave, park, place or deposit upon any street end or paper street owned by the Township, the County of Ocean or the State of New Jersey any personal property of any kind whatsoever, including but not limited to construction equipment or any other type of personalty.
C. 
Any person violating the provisions of this section shall be subject to fine of minimum of $100 and a maximum of $1,000 for each and every such offense. In addition, any offense with respect to the storing, leaving, parking, placing or depositing of personal property upon such street ends or paper streets shall be deemed a separate and distinct offense for each and every day such offense occurs and is not abated by said person.

§ 227-3 Placing in receptacles.

Persons placing litter in public receptacles or in authorized private receptacles shall do so in a manner which prevents the litter from being carried or deposited by the elements upon a public place or upon private property.

§ 227-4 Sweeping litter into gutters prohibited.

No person, including merchants owning or occupying a place of business, shall sweep into or deposit in gutter, road, right-of-way or other public place within the Township the accumulation of litter from a building or lot or from a public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

§ 227-5 Litter thrown by persons in vehicles.

No person while a driver or passenger in a vehicle shall throw or deposit litter in or upon any public or private property.

§ 227-6 Transportation from outside Township.

No person shall bring, cart, remove, transport or collect any litter from outside the Township and bring it into the Township for the purpose of dumping or disposing thereof. No truck or other vehicle containing litter which has been transported into the Township shall be parked or allowed to remain standing on any street in the Township or on any public property for period in excess of two hours.

§ 227-7 Handbills.

[Amended by Ord. No. 2002-28]
Advertisements, handbills, circulars and papers may be distributed in the Township only if they are so securely placed at each dwelling that they will not be blown away by the wind; otherwise, no person shall place any advertisement, handbill, circular or paper on or in any public street, sidewalk, building or vehicle within the Township.
A. 
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 pubic place within the Township; nor shall any person hand out, distribute or sell any commercial handbill in any public place; provided, 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, any commercial or noncommercial handbill to any person willing to accept it.
B. 
Placing commercial and noncommercial handbills on vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, 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. 
Depositing commercial and noncommercial handbills on uninhabited or vacant 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.
D. 
Prohibiting distribution of handbills where property 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 the premises in a conspicuous position near the entrance sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any handbills left upon the premises.
E. 
Distributing commercial and noncommercial handbills at inhabited private premises. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting the handbill directly to the owner, occupant or other person than present; provided, that in the case of inhabited private premises which are not posted, as provided in Subsection D of this section, the person, unless requested by anyone upon the premises not to do so, shall have the authority to place or deposit the handbill in or upon the inhabited private premises, if the handbill is so placed or deposited as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public places. Mailboxes may not be used when prohibited by federal postal law or regulations.
F. 
Exemptions for mail and newspapers. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers.
[Adopted by Ord. No. 2005-5]

§ 227-8 Purpose.

The purpose of this article is to establish requirements to control littering in the Township of Ocean, so as to protect public health, safety and welfare and to prescribe penalties for the failure to comply.

§ 227-9 Definitions.

For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated in this section, unless their use in the text of this article 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.
LITTER
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 or 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.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

§ 227-10 Prohibited acts and regulated activities.

A. 
It is unlawful for any person to throw, drop, discard or otherwise place any litter or any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
B. 
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, or the motor vehicle or boat shall also be deemed to have violated this article.

§ 227-11 Enforcement.

This article shall be enforced by the Police Department and/or Code Enforcement Officer of the Township of Ocean.

§ 227-12 Violations and penalties.

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 $1,250.