[Adopted 4-3-1989 by Ord. No. 989-89]
It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than a litter receptacle. "Litter" means 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, newspaper, magazine, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary process of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
Editor's Note: See also Ch. 140, Littering.
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including: 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; buildings held out for use by the public, including schools, government buildings and railroad bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; campgrounds and trailer parks; marinas, boat moorage and fueling stations; boat launching areas; public and private piers operated for public use; beaches and bathing areas; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.
"Litter receptacle" means a metal or plastic container, not exceeding 20 gallons, with lid cover, suitable for depositing of litter. Plastic or paper bags containing litter are discouraged. The contents of such plastic or paper bags containing litter shall remain the responsibility of the person or persons placing the materials curbside. Accordingly, should the litter from such plastic or paper bags be spread upon public or private property by animals or otherwise, cleanup shall remain the responsibility of the person or persons who had placed such litter at curbside. Similarly, any loose litter not properly containerized and subsequently spread upon public or private property shall be considered littering and the responsibility of the person placing the materials curbside. These provisions shall be applicable to private residential properties in addition to the public places described in this section.
[Amended 6-18-1990 by Ord. No. 1033-90]
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk vehicle or vehicle parts, rubber tires, appliances, furniture or private property in any place not specifically designated for the purpose of solid waste storage or disposal.
In the event that a person other than the owner violates the provisions of this section, the township may give 30 days' written notice to the owner to abate the violation, and in the event of the failure of the owner to do so, the owner may be accordingly charged pursuant to the provisions of this article as if the owner had conducted the illegal dumping.
Storage of household solid waste. It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, in areas zoned residential, except in a fully enclosed structure or during days designated for the collection of bulky items.
Curbside collection of household solid waste. It shall be unlawful for any residential property owner to place any household solid waste at public curbside more than 24 hours before scheduled collection and to maintain the empty containers at curbside more than 24 hours after collection.
It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential, except in a fully enclosed structure or on days designated for the collection of tires.
It shall be unlawful for any residential property owner to park or permit the parking of any vehicle on his or her residential lawn.
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any glass or objects have fallen or escaped which would cause an obstruction, damage a vehicle or otherwise endanger travelers or public property shall immediately cause the public property to be cleaned of all glass or objects and shall pay the costs therefor.
[Amended 6-3-1991 by Ord. No. 1075-91]
It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or after completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
Separation of recyclables. The owner, agent or contractor in charge of a construction and/or demolition site shall ensure that any recyclable materials, as defined in Article II, Recycling, § 258-3 of this chapter, generated as a result of a construction (or demolition) project be delivered to an approved recycling center, and shall provide written documentation to the municipality of the total amount of material recycled during the previous calendar year by February 14 of each year. These materials also include vegetative waste, concrete and asphalt and clean wood.
No permit for construction or demolition shall be approved until an origin and destination form is completed and submitted to the Hamilton Township Construction Office with the permit application. Likewise, receipts or other certified documentation evidencing proof of the disposal of construction and/or demolition debris in a lawful manner must accompany each application for a certificate of occupancy or certificate of approval. No final certificate will be released until these documents have been filed with the Construction Office.
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind and to keep sidewalks, areaways, backyards, courts and alleys free from litter and other offensive material. No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free of litter. All sweeping shall be collected and properly containerized for disposal.
Any person, firm or corporation violating any of the provisions of this article shall be subject to a fine of not less than $100 nor more than $1,000 for each violation.
[Amended 6-3-1991 by Ord. No. 1075-91]
If the violation is of a continuing nature, each day during which it continues constitutes a separate and distinct offense hereunder.
Any person violating § 258-15, 258-17, 258-18, 258-20 or 258-23 and who is issued a warning and/or summons shall retain a receipt or other documentation evidencing proof of the disposal of these items in a lawful manner and not in further violation of this article and/or any federal, state, county or local ordinance or regulation. The same shall be produced upon request by any officer of the Township of Hamilton Police Department or the Municipal Court or the Environmental Enforcement Officer.
[Added 6-18-1990 by Ord. No. 1033-90]
In the event that a person is adjudicated in violation of this article and fails to remedy the violation within 30 days of conviction and final adjudication of this matter by any court having final jurisdiction thereof, the township, if it determines that the violation poses a serious threat to the health, safety and/or welfare of its inhabitants, may take appropriate measures to remove or abate the violation(s), the costs of which removal and/or abatement shall be a lien against the subject premises, to the extent permitted by law.
[Added 6-18-1990 by Ord. No. 1033-90]
This article may be enforced by the Environmental Enforcement Officer and/or officers of the Hamilton Township Police Department.