City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of East Orange 3-25-1968 by Ord. No. 20-1968 as Ch. 10, Art. III, of the 1968 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 156.
Licenses and fees — See Ch. 170.
Newspapers, advertisements and periodicals — See Ch. 182.

§ 172-1 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
AIRCRAFT
Any contrivance now known or hereafter invented which is used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle as required and authorized in this chapter and other City ordinance regulating garbage and waste disposal.
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature:
A. 
Which advertises for sale any merchandise, product, commodity or thing; or
B. 
Which directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales; or
C. 
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 clause 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 clause 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 this chapter or any other ordinance of this City; or
D. 
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 private benefit and gain of any person so engaged as advertiser or distributor.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Solid waste, garbage, refuse and rubbish as defined in this section and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare or tends to create blight.
[Amended 11-14-1994 by Ord. No. 9-1994]
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. In addition thereto, the term "newspaper" 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, 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, beach, recreation center or any other public area in the City which is owned or used by the City and devoted to active or passive recreation.
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, including any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
All streets, sidewalks, boulevards, alleys, municipal parking lots or other public ways and all public parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned vehicles 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.
SOLID WASTE
Garbage, refuse, debris and other discarded materials from residential or commercial sources, excluding recyclable material.
[Added 11-14-1994 by Ord. No. 9-1994]
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway or public street.

§ 172-2 Deposits in public places; use of public receptacles.

[Amended 2-22-1999 by Ord. No. 4-1999]
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City, except in public receptacles or in authorized private receptacles for collection, provided that public receptacles shall not be used by persons owning or occupying property in the vicinity thereof for the deposit of litter arising from activities on such premises. (See § 172-20 for violation and penalties hereof.)

§ 172-3 Placement in receptacles to prevent scattering.

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 or upon private property.

§ 172-4 Sweeping litter into streets; duty to keep sidewalks free from litter.

[Amended 2-22-1999 by Ord. No. 4-1999]
No person shall sweep into or deposit in any gutter, street or other public place within the City 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. (See § 172-20 for violation and penalties hereof.)

§ 172-5 Merchants' duty to keep sidewalks free from litter.

A. 
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.
B. 
Persons owning or occupying places of business within the City shall keep the sidewalk in front of their business premises free of litter when they shall have actual notice thereof or when such litter shall have been present a sufficient length of time to constitute constructive notice. (See § 172-20 for violation and penalties hereof.)
[Amended 2-22-1999 by Ord. No. 4-1999]

§ 172-6 Litter thrown 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 City or upon private property.

§ 172-7 Truckloads causing litter.

A. 
No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
B. 
No person shall drive or move any vehicle or truck within the City, the wheels, treads or tires of which carry onto or deposit in any street, alley or other public place any mud, dirt, sticky substances, litter or foreign matter of any kind.

§ 172-8 Litter in parks.

No person shall throw or deposit litter in any park within the City, 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 as provided in this chapter.

§ 172-9 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 City.

§ 172-10 Throwing or distributing commercial 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 City.
B. 
No person shall hand out or 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 City for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.

§ 172-11 Placing 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 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.

§ 172-12 Depositing 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.

§ 172-13 Distribution of handbills on posted property.

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 such premises, in a conspicuous position near the entrance thereof, a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisement" or any similar notice indicating in any manner that the occupants of such premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises.

§ 172-14 Distributing handbills and newspapers at inhabited private premises.

A. 
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 any such handbill directly to the owner, occupant or other person then present in or upon such private premises, provided 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, may 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 so used when so prohibited by federal postal law or regulations.
B. 
The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.

§ 172-15 Dropping litter from aircraft.

No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill or any other object.

§ 172-16 Posting notices and posters where prohibited.

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, shade tree, bridge, traffic sign, police-fire call box, cinder-salt box or upon any public structure or building, except as may be authorized or required by law.

§ 172-17 Litter on occupied private property.

No person shall throw or deposit litter on any occupied private property within the City, 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.

§ 172-18 Owner to maintain premises free from litter.

A. 
The owner or person in control of any private property shall at all times maintain the premises free of litter when such person shall have actual notice thereof or when such litter shall have been present a sufficient length of time to constitute constructive notice.
B. 
This section shall not prohibit the storage of litter in authorized private receptacles for collection.

§ 172-19 Litter on vacant lots.

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

§ 172-20 Violations and penalties.

[Added 11-10-1980 by Ord. No. 15-1980; amended 11-14-1994 by Ord. No. 9-1994; 2-22-1999 by Ord. No. 4-1999]
A. 
Any person violating any of the provisions of this chapter, except as provided in § 172-20B, shall, upon conviction thereof, be subject to a minimum fine of not less than $200 for the first offense and not more than $2,000, imprisonment for a term not exceeding 90 days, and/or 90 days of community service.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Payment through Violations Bureau. If you wish to plead guilty of violating or refusing to comply with § 172-2, 172-4 or 172-5, respectively, and give up your rights to have a lawyer and a trial, you may pay a fine of $200 by bringing or mailing the summons together with payment within 14 days of notice of violation to the Violations Bureau located at:
Violations Bureau
Municipal Court - East Orange
221 Freeway Drive
East Orange, New Jersey 07018