Borough of Spotswood, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Derived from Sec. 6-1 of the 1969 Revised General Ordinances of the Borough of Spotswood (adopted by the Borough Council 5-11-1970 by Ord. No. 278, as amended through 9/94). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
Brush, grass and weeds — See Ch. 55.
Litter control in mobile home parks — See Ch. 134.
Nuisances — See Ch. 140.
Property maintenance — See Ch. 155.
Solid waste — See Ch. 174.

§ 130-1 Definitions.

[Amended 11-4-2002 by Ord. No. 2002-042; 2-6-2006 by Ord. No. 2006-02]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter 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.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
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 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.
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.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys, beaches or other public ways, and any and all public parks, squares, spaces, docks, 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, leaves, wood, glass, bedding, crockery and similar materials.
VEHICLE
Every device in, on or by which any person or property is or may be transported or drawn on a highway, including devices used exclusively on stationary rails or tracks.

§ 130-2 Litter in public places.

No person shall sweep, throw, deposit or dump litter in or on any occupied, open or vacant property, whether owned by such person or not, or in or on any street, sidewalk, park or other public place, or any pond, lake or stream or other body of water within the Borough, except in public receptacles or in authorized private receptacles for collection. Persons placing litter in public receptacles or in authorized private receptacles shall do so in a manner which prevents it from being carried or deposited by the elements on any street, sidewalk or other public place or on private property.

§ 130-3 Sweeping litter into gutters prohibited.

No person, including merchants owning or occupying a place of business, 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.

§ 130-4 Litter thrown by persons in vehicles; prohibited acts.

[Amended 2-6-2006 by Ord. No. 2006-02]
A. 
No person, while a driver or passenger in a vehicle, shall throw or deposit litter on any street or other public place within the Borough or on private property.
B. 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this chapter, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this chapter.

§ 130-5 Truck loads causing litter.

No person shall drive or move any truck or other vehicle within the Borough unless such vehicle is constructed or loaded to prevent any load, contents or litter from being blown or deposited on 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 or deposit mud, dirt, sticky substances, litter or foreign matter of any kind onto any street, alley or other public place.

§ 130-6 Transportation of litter from outside Borough.

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

§ 130-7 Handbills.

No person shall cast or place or cause to be cast or placed any advertisement, handbill, circular or paper on any public street, on sidewalks, into any vestibules or yards, on porches of any dwelling house or other buildings or into any vehicle while on the public highways or on private property within the Borough, except that this section shall not apply to newspapers and addressed envelopes delivered to subscribers and addresses. Advertisements, handbills, circulars and papers may be distributed in the Borough, if they are so securely placed at each dwelling that they will not be blown away by the wind.

§ 130-8 Receptacles.

A. 
A litter receptacle and its service shall be required at the following public places which exist in the Borough:
(1) 
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.
(2) 
Buildings held out for use by the public, including schools, government buildings and railroad and bus stations.
(3) 
Parks.
(4) 
Drive-in restaurants.
(5) 
All street vendor locations.
(6) 
Self-service refreshment areas.
(7) 
Construction sites.
(8) 
Gasoline service station islands.
(9) 
Shopping centers.
(10) 
Parking lots.
(11) 
Campgrounds and trailer parks.
(12) 
Marinas, boat moorage and fueling stations.
(13) 
Boat-launching areas.
(14) 
Public and private piers operated for public use.
(15) 
Beach and bathing areas.
(16) 
At special events where the public is invited, including sporting events, parades, carnivals, circuses and festivals.
B. 
The proprietors of the places specified in Subsection A(1) through (15), or sponsors of the events specified in Subsection A(16), shall be responsible for providing and servicing the receptacles such that adequate containerization is available.