[HISTORY: Adopted by the Township Committee of the Township
of Bordentown as Ch. 12.36 of the 2003 Municipal Code. Amendments
noted where applicable.]
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any waste material thrown or deposited so as to endanger
public health, safety and welfare, and includes garbage, refuse and
rubbish as defined herein.
Any public area in the Township owned or used by the Township
for recreation or conservation purposes, and includes playgrounds,
recreation centers and reservations.
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, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or structure.
Any place to which the public has access and shall include
any street, highway, road, alley, parking lot or sidewalk. It shall
also include the external premises of any store, shop, restaurant
or other place of business, publicly owned buildings, and public grounds,
including parks.
All putrescible and nonputrescible solid wastes (except body
wastes) including garbage, rubbish, ashes, loose earth, street cleanings,
dead animals and solid market and industrial wastes.
All nonputrescible solid waste, combustible and noncombustible,
including paper, wrappings, cigarettes, cardboard, tin cans, yard
clippings, wood, glass, bedding, household and commercial appliances,
crockery and similar materials.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall throw, drop, discard or otherwise 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.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall sweep or deposit into 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. 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 accumulation of litter from any building or
lot or from any public or private driveway or sidewalk.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Persons owning or occupying property shall keep their sidewalks
in front of their premises free of litter. Persons owning or occupying
places of business within the Township shall keep the sidewalk on
front of their premises free of litter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or public place within the Township.
The operator of the vehicle or the owner, or both, shall be deemed
to be in violation of this chapter if litter is thrown or discarded
from a vehicle.
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 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 tires of which
carry onto or deposit in any street, alley or other public place mud,
dirt, sticky substances or foreign matter of any kind.
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
from 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 persons responsible for its presence
and properly disposed of elsewhere.
No person shall throw litter in any fountain, pond, lake or
stream or any other body of water in a park or elsewhere within the
Township.
No person shall post or affix any notice, poster or other paper
or device, calculated to attract the attention of the public, to any
lamp post, public sign, public utility pole or shade tree, or upon
any public structure or building, except as may be authorized or required
by law.
No person shall throw or deposit litter on any occupied 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.
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, however,
that this chapter shall not prohibit the storage of litter in authorized
private receptacles for collection.
No person shall throw or deposit litter on any open or vacant
private property within the Township whether owned by such person
or not.
A.
Notice to remove. The Code Enforcement Officer, Health Officer
or other enforcing officer is authorized and empowered to notify the
owner, or agent thereof, of any open or vacant private property within
the Township to properly dispose of litter located on such property
which is dangerous to public health, safety or welfare. Such notice
shall be in writing to the current occupant as well as to the owner,
if different, at the last known address.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Action upon noncompliance. Upon the failure, neglect or refusal
of any owner or agent so notified to properly dispose of litter dangerous
to public health, safety or welfare within 10 days after receipt of
written notice or within 15 days after the date of such notice in
the event the same is returned to the Township by the Post Office
because of its inability to make delivery thereof, provided that the
same was properly addressed to the last known address of such owner
or agent, the Code Enforcement Officer, Health Officer or other enforcing
officer is hereby authorized and empowered to order disposal of the
litter by the Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Charges included in tax bill. When the Township has effected
the removal of such dangerous litter or has paid for its removal,
the actual cost thereof, plus accrued interest at the rate of 8% per
annum from the date of completion of the work if not paid by the owner
prior thereto, shall be charged to the owner of such property on the
next regular tax bill forwarded to the owner by the Township and said
charge shall be due and payable by the owner at the time of payment
of such bill.
D.
Recorded statement constitutes lien. When the full amount due
the Township for litter removal is not paid by such owner within 30
days after the disposal of such litter, the Code Enforcement Officer,
Health Officer or other enforcing officer shall cause to be filed
in the Tax Collector's office a sworn statement showing the costs
and expenses incurred for the work, the date the work was done and
the location of the property on which the work was done. The filing
of such sworn statement shall constitute a lien on the property and
shall remain in full force and effect for the amount due in principal
and interest, plus costs of court, if any, for collection, until final
payment has been made. The costs and expenses shall be collected in
the manner fixed by law for the collection of taxes and further shall
be subject to a delinquent penalty of 8% in the event the same is
not paid in full on or before the date the tax bill upon which the
charge appears becomes delinquent. Sworn statements recorded in accordance
with provisions hereof shall be prima facie evidence of compliance
with all legal formalities and of satisfactory performance of the
work of removal, and shall constitute notice to every person that
the amount of the statement, plus interest, constitutes a charge against
the property designated or described in the statement and that the
same is due and collectible as provided by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
