Township of Hillsborough, NJ
Somerset County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Hillsborough 6-12-1973 by Ord. No. 73-10; amended in its entirety 12-11-1990 by Ord. No. 90-20. Other amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 232.
Garbage, rubbish and refuse — See Ch. 309.
Nuisances — See Ch. 321.

§ 197-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
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, newspaper, magazines, glass, metal, plastic or paper containers or other package or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
PUBLIC PLACE
Includes sidewalks used by pedestrians in active retail commercially zoned areas, buildings held out for use by the public, including schools, government buildings and railroad and bus stations, parks, drive-in restaurants, all street vendor locations, self-service refreshment areas, construction sites, gasoline service station islands, shopping centers, parking lots and special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals.

§ 197-2 Deposit of garbage and refuse in public places.

A. 
No person or corporation shall place or throw or cause or permit to be placed or thrown into, on or upon any street, highway or public place in the Township of Hillsborough, and no person or corporation shall permit the continued placing or throwing into or on or upon any street, highway or public place abutting on his or its property in the Township of Hillsborough, any garbage, refuse, waste material, fruit, vegetable, paper, pasteboard, glass, dirt, stones, wood, iron, mud, sand or any other refuse of any kind whatsoever. With respect to such litter, said person or corporation is hereby required to use litter receptacles whose servicing at such public places shall be the responsibility of the municipality. Such litter receptacles shall be situated so that, as to sidewalks used by pedestrians in active retail commercially owned areas, there shall be no single linear quarter mile without such receptacle. With respect to special events to which the public is invited, the proprietors of such places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.
B. 
No person will be permitted to 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 must keep the sidewalk in front of his or her premises free of litter. All litter sweepings must be collected and properly containerized for disposal.
C. 
It is 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 of litter.

§ 197-3 Litter in parks.

No person shall throw or deposit litter in any park within this Township except in public receptacles and in such 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.

§ 197-4 Litter thrown from vehicles.

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any public place, street, highway, private premises or commercial place.

§ 197-5 Litter on private, commercial or vacant property.

A. 
No person shall throw or deposit litter on any occupied private property or commercial place within the Township, whether owned by such person or not, except that the owner or person in control of such private property or commercial place 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, highway, sidewalk or other public place or upon any private property.
B. 
No person shall throw or deposit litter on any open or vacant private property within the Township, whether owned by such person or not.

§ 197-6 Maintenance of private or commercial property.

A. 
Each owner or person in control of any commercial place, including delivery and parking areas connected therewith, shall keep said place, parking areas, delivery areas and other open spaces which are part of such commercial place free from litter and shall prevent such litter from being carried or deposited by the elements upon any street, highway, sidewalk or other public place or upon any private property.
B. 
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this subsection shall not prohibit the storage of litter in authorized private receptacles for collection.
C. 
The owner or person in control of any property is hereby prohibited from maintaining open or overflowing commercial, industrial or residential waste disposal bins.

§ 197-7 Litter caused by trucks and transportation of material.

A. 
It shall be unlawful to haul or transport dirt, sand, stone, ashes or any other material in the Township in such manner as to spill or drop any such material on any part of the sidewalk, streets, highways or public places of the Township. Any vehicle used for the hauling or transporting of such material shall be constructed of sufficient strength, compactness and tightness to prevent the seeping or dropping of any material through cracks, crevices or openings therein.
B. 
It shall be unlawful for any person, corporation or entity to transport any material in a manner that will cause laying down or accumulating of dirt, mud, sand, sticky substances or the like on the surfaces of the streets and highways or any public place in the Township.
C. 
It shall be unlawful for any person, corporation or entity to drive or move any vehicle or truck within Hillsborough boundary lines, the wheels or tires of which carry onto or deposit in any street, highway or public place mud, dirt, sand, sticky substances, litter or foreign matter of any kind.
D. 
It is unlawful for any vehicle to be driven, moved, stopped or parked on any public roadway unless such a vehicle is constructed, covered or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any materials which constitute litter have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, must immediately cause the public property to be cleaned of all such materials and must pay the cost thereof.

§ 197-8 Duty of contractors in construction areas.

A. 
Where construction is taking place adjacent to any Township street or highway, there shall be a duty on the part of the property owner thereof and any contractor working on said construction to clean up any mud, spillage, dirt, etc., on the road in the vicinity of the construction project.
B. 
It is unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or immediately following completion of any construction or demolition project. It is 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 the spillage of refuse.

§ 197-9 Discarding or dumping of solid waste.

A. 
It shall be unlawful for any person or corporation to discard or dump any household or commercial solid waste in any place not specifically designated for the purpose of solid waste storage or disposal.
B. 
It is 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, except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.

§ 197-10 Storage of bulky household items, tires and motor vehicles on residential property.

In areas zoned residential, it shall be unlawful to store:
A. 
Any bulky household items such as appliances, furniture or mattresses, except in a fully enclosed structure;
B. 
Tires, except in a fully enclosed structure; and
C. 
To park any motor vehicles on residential lawns.

§ 197-11 Notice to clean up; work by Township.

Anyone failing to obey this chapter may be given notice to clean up the area and, in the event that it is not done to the satisfaction of the Township authority within a period of 10 days, then the cleanup work shall be done by the Township with the cost thereof charged to the property owners and made a lien against the premises upon which this is done.

§ 197-12 Violations and penalties.

Any person, corporation or entity that violates any portion of this chapter or fails to comply with any of the provisions of this chapter, whether or not such person, corporation or entity has received any notice whatsoever from the Township, shall, upon conviction thereof, be deemed to be guilty of a Class C violation punishable as provided in Chapter 1, General Provisions, Article II. In addition, in the event the offense is one that arises from a construction project, the Zoning Officer is hereby authorized to issue a stop-work notice to the contractor until said condition is corrected.