[HISTORY: Adopted by the Township Committee
of the Township of Little Egg Harbor; see Ch. 1, General Provisions,
Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste and recycling — See Ch. 293.
Solid waste collection — See
Ch. 374.
[Adopted 5-10-2007 by Ord. No. 2007-08]
This chapter shall be known as an "Anti-Litter
Article" and may be so cited.
A.
When not inconsistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
B.
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
HANDBILL
LITTER
LITTER RECEPTACLE
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
VEHICLE
For the purpose of this chapter, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates
a different meaning:
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 advertises any merchandise, product, commodity
or thing for sale; or
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
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 gain or profit.
The terms of this definition 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 it is held, is given or takes place in
connection with the dissemination of information which does not violate
the ordinary rules of decency, good morals, public peace, safety and
good order, provided that nothing contained in this definition 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 a law of this
state or ordinance of the Township; or
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.
Includes both commercial handbills and noncommercial handbills,
as such terms are defined in this section.
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, newspapers, magazines, glass,
metal, plastic or paper containers or other packaging or construction
material, but does not include the waste of the primary processes
of mining or other extraction processes, logging, sawmilling, farming
or manufacturing.
A container suitable for the depositing of litter.
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 office as
provided by general law. In addition thereto, "newspaper" means and
includes any periodical or magazine regularly published with not less
than four issues per year and sold to the public.
Any printed or written matter, any sample or device, circular,
dodger, 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."
A park, reservation, playground, beach, recreation center
or any other public areas in the Township owned or used by any public
agency and devoted to recreation purposes.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any dwelling, house, building or other structure designed
or used either wholly or in part for residential purposes, whether
inhabited or temporarily or continuously inhabited or vacant, and
shall include any yard, grounds, walks, driveway, porch, steps, vestibules
or mailbox belonging to or appurtenant to such dwelling, house or
building or other structure.
Includes all streets, sidewalks, boulevards, alleys or other
public walkways and all public parks, squares, spaces, docks, grounds
and buildings.
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.
A.
No person shall sweep, throw, drop, discard, deposit
or otherwise place any litter of any nature upon any public property
other than in a litter receptacle.
B.
Litter receptacles suitable for the depositing of
litter and their servicing are required at the following public places
which exist in the Township of Little Egg Harbor: sidewalks used by
pedestrians in active retail commercially zoned areas, such that at
a minimum there shall be no single linear 1/4 mile without a receptacle;
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; 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.
A.
Litter shall be placed in litter receptacles, either
public or private, in such manner as to prevent it from being scattered,
carried or deposited by the elements upon any street, sidewalk or
other public property or private property.
B.
Branches, clippings, shrubs and the like in excess
of 24 inches in length but not greater than six feet in length and
not in excess of 75 pounds in weight may be placed at the curb for
pickup if securely tied in bundles so as to prevent their being scattered,
carried or deposited by the elements upon any street, sidewalk or
other public or private property.
No person shall throw or deposit litter from
any vehicle or boat upon any public or private property, including
vacant land. Whenever any litter is thrown or discarded or allowed
to fall from a vehicle or boat in violation of this chapter, the operator
or owner, or both, of the motor vehicle or boat shall be deemed to
have violated this chapter.
No person shall drive or move any truck or other
commercial vehicle unless the vehicle is so constructed or loaded
as to prevent any litter from being blown or deposited upon any street,
alley or other public or private property. No person shall drive or
move any vehicle or truck if the wheels or tires carry onto or deposit
in any street, alley or other public place mud, dirt, sticky substances
or foreign matter of any kind from any other place other than the
traveled portion of a public street or alley. Whenever any litter
is thrown, discarded or allowed to fall from such truck or other commercial
vehicle in violation of this chapter, the operator or owner, or both,
of the truck or other commercial vehicle shall also be deemed to have
violated this chapter.
No person shall throw or deposit litter in any
fountain, lake, pond, stream, bay or any other body of water.
No person shall throw or deposit litter on any
occupied private property, whether owned by him or not, except that
the owner or person in control of private property shall maintain
private litter receptacles for collection in such a manner that litter
will not be carried or deposited by the elements upon any 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.
This section shall not be construed to prohibit the storage of litter
in private litter receptacles for collection.
A.
No person shall throw or deposit any commercial or
noncommercial handbill in or upon any sidewalk, street or other public
place.
B.
No person shall hand out, distribute or sell commercial
handbills in any public place; provided, however, that it shall not
be deemed unlawful for any person to hand out or distribute, without
charge to the receiver thereof, in any sidewalk, street or other public
place any noncommercial handbill to any person who is willing to accept
it.
No person shall throw or deposit any handbill
in or upon any vehicle; provided, however, that it shall not be unlawful
for a person to hand out or distribute without charge to the receiver
thereof in any public place a noncommercial handbill to any occupant
of a vehicle who is willing to accept it.
No person shall throw or deposit any handbill
in or upon any private premises which are temporarily or continuously
uninhabited or vacant.
No person shall throw, deposit or distribute
any handbill in or upon any private premises:
A.
If requested by anyone in or upon such premises not
to do so; or
B.
If there is placed on said premises in a conspicuous
position near the entrance thereof a sign bearing the words: "No Handbills,"
"No Trespassing," "No Peddlers or Agents," "No Advertisement" or any
similar notice indicating that the occupants of said premises do not
desire to be molested or have their right of privacy disturbed, or
to have any such handbills left upon such premises.
No person shall throw, deposit or distribute any handbill in or upon private premises which are inhabited, except by handing or transmitting such handbill directly to the owner, occupant or other person then present, except as hereinafter provided. A person, unless requested by anyone upon the premises not to do so, may place or deposit any such handbill in or upon inhabited private premises, if the premises is not posted as provided under § 222-13 above and the handbill is placed or deposited so as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public places or private premises. Mailboxes may not be so used when prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers as defined in this chapter; provided, however, that newspapers shall be placed on private premises in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or any other public place or upon private property.
No person shall post or affix any notice, poster
or other paper or device, calculated to attract the attention of the
public, to any public lamp post, public utility pole, shade tree or
upon any public structure or building, or upon any official traffic
control devices except as may be authorized or required by law.
No person shall throw or deposit litter on any
open or vacant private property whether owned by such person or not.
A.
Notice to remove. The Code Enforcement Officer or
his duly designated agent is authorized and empowered to notify the
owner of any private premises or vacant land or the tenant or agent
of such owner to dispose properly of litter located on such owner's
property which is dangerous to public health, safety or welfare. Notice
shall be by registered or certified mail, return receipt requested,
addressed to said property owner or his agent or tenant at his last
known address or served personally upon said owner, tenant or agent.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of the litter within 10 days after receipt of written notice specified in Subsection A of this section, or within 10 days after the date of such notice in the event it is returned to the Township by the post office department because of inability to make delivery thereof, provided the notice was properly addressed to the last known address of the owner, tenant or agent, the Code Enforcement Officer or his duly designated agent is authorized and empowered to pay for disposing of such litter or to order its disposal by the Township.
C.
When the Township has effected the removal of dangerous
litter or has paid for its removal, the actual cost thereof shall,
unless paid by the owner prior thereto, be charged to the owner of
the property on the next regular tax bill forwarded to the owner by
the Township. The charge shall be due and payable by the owner at
the time set for payment of the tax bill.
D.
Where the full amount due the Township is not paid by the owner within 30 days after the disposal of such litter as specified in Subsections A and B of this section, then, and in that case, the Code Enforcement Officer shall certify the cost thereof to the Township Committee which shall examine the certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged 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. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty at the same rate as in the case of taxes in the event they are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. The certification of the Code Enforcement Officer in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned 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.
[Adopted 5-8-2014 by Ord.
No. 2014-08]
The purpose of this article is to regulate the standards and
manner in which unsolicited handbills are distributed within the Township
of Little Egg Harbor to insure the protection of the public health,
safety and welfare. Furthermore, this article is designed to improve
the overall clean appearance of the Township and to reduce litter.
It shall be unlawful for any person to distribute unsolicited
handbills within the Township of Little Egg Harbor without first having
registered with the Township Clerk of the Township of Little Egg Harbor.
The registration shall be free of charge. The registration form
shall be filed with the Township Clerk and contain the following information:
Any resident, business or property owner who wishes to discontinue
the delivery of such unsolicited handbills must submit his, her or
its name and home address to the Township Clerk on forms provided
by the Township Clerk.
On the first Monday of every month, the Township Clerk shall
cause to be transmitted to the person in charge of the distribution
of unsolicited handbills an updated list of addresses of the Do Not
Deliver Registry, if such list had been updated during the previous
month.
A.
Within 10 calendar days following notification of the updated Do
Not Deliver Registry, any person, firm, corporation or association
delivering an unsolicited handbill circular to a residence on the
Do Not Deliver Registry shall, upon conviction thereof, be punishable
by a fine not to exceed $250 for the first violation, a fine not to
exceed $1,000 for the second violation and a fine not to exceed $2,000
for a third and all subsequent violations.
