[HISTORY: Adopted by the Township Committee of the Township of Manalapan as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-27-1993 by Ord. No. 93-30 as Ch. 138, Art. I of the 1993 Code]
For the purpose of this article, 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 old, discarded or unused waste, iron or metal or substance, glass, paper, machines, appliances, equipment, business or household furniture or furnishings, or any parts or portions thereof or accessories thereof, unregistered motor vehicles which are unfit for highway transportation, unused parts of motor vehicles and any particular material commonly known and generally referred to as "junk" in the ordinary meaning of the word.
- Includes tree stumps and related tree parts and cut trees included as construction or demolition debris and all other processed organic or nonorganic materials and all other waste material which, if thrown or disposed of as herein prohibited, tend to create a danger to public health, safety and welfare.
- A park, reservation, playground, recreation center or any other public area in the Township used only by the Township and devoted to active or passive recreation.
- PRIVATE PROPERTY OR PREMISES
- Any dwelling, house, building or 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.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings.
- 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.
- 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.
- 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.
No person shall sweep, throw, deposit or abandon litter or junk in or upon any occupied, open or vacant property, whether owned by such person or not, or in or upon any street, sidewalk, park or other public place or any pond, lake or stream or other body of water 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 or upon private property.
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 Township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property or places of business within the Township shall keep the sidewalk in front of their premises free of litter and junk.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Township or upon private property.
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, contents or litter 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 wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.
No person shall bring, cart, remove, transport or collect any litter or junk from outside the Township or 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 a period in excess of two hours.
No person shall throw, deposit, leave or abandon any litter or junk in any park or public place within the Township, except in public receptacles and in such a manner that the litter or junk which is placed in the public receptacles will be prevented from being carried or deposited by the elements upon any part of the park or public place or any street. Where public receptacles are not provided, all such litter or junk shall be carried away from the park or public place by the person responsible for its presence and properly disposed of elsewhere.
No person shall throw, leave, deposit or abandon litter or junk on any private property within the Township, whether owned by such person or not, except that the owner or person in control of private property may deposit or leave litter and junk in any building, structure, container or receptacle in such a manner that that which is so left or deposited will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property, and so that such litter and junk will not be visible. The owner or person in control of any private property shall at all times maintain the premises free of litter and junk, except as provided herein.
The Township Health Officer, the Code Enforcement Officer or any police officer is authorized and empowered to notify the owner of any private property within the Township, or the agent of such owner, to properly dispose of litter or junk located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by registered or certified mail, addressed to the owner or owner's agent at his last known address.
Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of such written notice, or within 10 days after the mailing of such written notice, provided that the same had proper postage thereon and was properly addressed to the last known address of such owner or agent, the Health Inspector is authorized and empowered to pay for the disposing of such litter or junk or to order its disposal by the Township.
When the Township has effected the removal of such litter or junk or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of 6% per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of the property on the next regular tax bill forwarded to the owner by the Township; and the charge shall be due and payable by the owner at the time the tax bill is due and payable and, if not paid, shall be collectible in the same manner as unpaid tax bills.
[Adopted 10-27-1993 by Ord. No. 93-30 as Ch. 138, Art. II of the 1993 Code]
As used in this article, the following terms shall have the meanings indicated:
- 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 which:
- A. Advertises for sale any merchandise product, commodity or thing;
- B. 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;
- C. 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; or
- D. 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.
- Any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Postal Service in accordance with federal statute or regulation and a newspaper filed and recorded with any recording officer as provided by law; and, in addition thereto, includes any periodical or 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 matter or otherwise reproduced original or copies of any matter of literature not included in the definitions of "commercial handbill" or "newspaper."
No person shall throw or deposit any commercial or noncommercial handbill in or upon a sidewalk, street or other public place within the Township, nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any street, sidewalk or other public place within the Township for the person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill 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 to any occupant of a vehicle who is willing to accept it.
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.
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 thereof a sign bearing the words: "No Trespassing," "No Peddlers or Agents," or a 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 such handbills left upon their 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 any such handbill directly to the owner, occupant or other person then present in or upon such private premises. It is provided, however, that in case of inhabited private premises which are not posted, as provided in Subsection B, 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 it 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, and except that mailboxes may not be used when so prohibited by federal postal law or regulations. The provisions of this subsection shall not apply to the distribution of mail by the United States or 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.