[HISTORY: Adopted by the Mayor and Council of the Borough of New
Providence 5-29-1973 by Ord. No. 73-7
as Ch. 11, Art. II, of the 1973 Code of Ordinances. Amendments noted where
applicable.]
[Amended 10-11-2005 by Ord. No. 2005-14]
For purposes of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
The placement of yard waste in a trash can, bucket, bag or other
vessel, such as to prevent the yard waste from spilling or blowing out into
the street and coming into contact with stormwater.
Putrescible animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food or any such related activity.
Garbage, refuse, rubbish or debris as defined herein and all other
unconsumed substances or waste materials which have been discarded, whether
made of aluminum, glass, plastic, rubber, paper or other natural or synthetic
material, or any combination thereof.
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
wholly or in part for private residential purposes, whether inhabited or temporarily
or continuously uninhabited or vacant, and shall include any yard, ground,
public or private walks, driveway, porch, steps of vestibule belonging to
such dwelling house, building or other structure.
Any and all streets, sidewalks, alleys or other public ways and any
and all public parks, squares, spaces, grounds and buildings, playgrounds
and library facilities.
Any structure or building owned or operated by the federal, county
or state government or any governmental agency.
All putrescible solid waste, including human body waste, garbage,
rubbish, ashes, street cleanings, dead animals, abandoned motor vehicles,
dismantled motor vehicles and parts thereof, scrap metal, junk, machinery
and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as paper wrappings, cigarettes, cardboard, tin cans, glass, bedding,
crockery, bottles, packing materials, building materials and other similar
materials.
Any street, avenue, boulevard, road, parkway, viaduct, drive, or
other way, which is an existing state, county, or municipal roadway, and includes
the land between the street lines, whether improved or unimproved, and may
comprise pavement, shoulders, gutters, curbs, sidewalks, parkway areas, and
other areas within the street lines.
[Amended 10-11-2005 by Ord. No. 2005-14]
A.
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Borough, except in public receptacles
or in authorized private receptacles or in authorized private receptacles
normally used for the purpose of depositing such matter or material.
B.
Except as otherwise provided in this chapter, no person shall
sweep, rake or blow into or deposit in any gutter, street or other public
place within the Borough the accumulation of litter from any building or lot
or from any public or private sidewalk or driveway, unless the litter is containerized.
Person owning or occupying property shall keep the sidewalk, entrance walks,
parking lots and parking areas in front of or upon their premises free of
litter. If litter that is not containerized is placed in the street, the person
responsible for placement of the litter shall remove the litter from the street
or said person shall be deemed in violation of this chapter.
[Amended 9-27-1976 by Ord. No. 76-7; 10-11-2005
by Ord. No. 2005-14]
Persons placing litter in public receptacles or in authorized private
receptacles shall do so in such a manner and in such containers as will prevent
it from being carried or deposited by the elements or by animals upon any
street, sidewalk or other public place or upon private property. The placing
of litter in excess of three pounds at any one time in public or private receptacles
is prohibited.
[Amended 10-11-2005 by Ord. No. 2005-14]
No person shall throw or deposit litter in any lake, pond, pool, river,
stream or fountain or any other body of water in a public or private place
within the Borough.
A.
No person shall throw, deposit or store litter on any
occupied private property within the Borough, 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 and removal of litter
in such manner that the litter shall not be unsightly and detrimental to the
surrounding neighborhood or be a danger to public health, safety and welfare.
B.
No person shall throw or deposit litter on any open or
vacant private property within the Borough, whether owned by such person or
not.
[Amended 10-11-2005 by Ord. No. 2005-14]
A.
No person, while a driver or passenger in a vehicle or
boat, shall throw or deposit litter upon any street or other public place
or private place within the Borough.
B.
No person shall drive or move any truck, motor vehicle
or other vehicle within the Borough unless such vehicle is so constructed
or loaded as to prevent any load or contents or litter from being blown or
deposited upon any street, alley or other public or private place. Further,
no person shall drive or move any truck, motor vehicle or other vehicle within
the Borough, the wheel or tires or any portion of which carry onto or deposit
in any street, alley or other public or private place mud, dirt, sticky substances
or foreign matter of any kind.
C.
No person in any aircraft shall throw out, drop or deposit
within the Borough any litter, handbill or other object.
[Amended 10-11-2005 by Ord. No. 2005-14]
Sweeping, raking, blowing or otherwise placing yard waste that is not
containerized at the curb or along the street is only allowed during the seven
days prior to a scheduled and announced collection, and shall not be placed
closer than 10 feet from any storm drain inlet. Placement of such yard waste
at the curb or along the street at any other time or in any other manner is
a violation of this chapter. If such placement of yard waste occurs, the party
responsible for placement of the yard waste must remove the yard waste from
the street or said party shall be deemed in violation of this chapter.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any vehicle, provided that it shall not be unlawful in any public
place for a person to hand out or distribute without charge a noncommercial
handbill to any occupant of a vehicle who is willing to accept it and who
does accept it.
[Amended 9-27-1976 by Ord. No. 76-7]
No person shall throw, deposit or distribute any commercial or noncommercial
handbill upon any private premises if required 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 or owners 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.
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 or occupants or other
person then present in or upon such premises, provided that in the case of
inhabited private premises which is not posted, as provided in this Article,
such persons, unless requested by anyone upon such premises not to do so,
shall have the authority to place or deposit any such handbill in or upon
such inhabited private premises if such handbill is so placed or deposited
in a manner to secure and to 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 used when so prohibited by federal postal law or
regulations. The provisions of this section shall not apply to the distribution
of United States mail nor to the deposit or delivery of newspapers.
[Amended 12-27-1990 by Ord. No. 90-14]
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 or upon any public or private structure or building
except as may be authorized by the owners or occupants thereof or as authorized
or required by law, and no person shall attach anything by chain or otherwise
to any public utility pole, tree or structure within the public right-of-way.
A.
The owner, occupant or person in control of any private
property shall at all times maintain the premises free of litter, provided
that this section shall not prohibit the storage of litter in authorized private
receptacles for collection.
B.
Merchants or other persons owning or occupying premises
used as a business shall keep all portions of their premises free of litter
as required by and in the manner provided for by this Article.
C.
The owner, occupant or person in control of or occupying
premises used as a business or commercial use, as the same is defined by the
Zoning Ordinance of the Borough of New Providence,[1] shall provide an enclosed space for the collection of litter for
scavenger pickup, and all litter on said premises shall be placed in covered
metal containers which shall be provided for the collection and storage of
the same pending scavenger pickup. In addition, all boxes and bags are to
be flattened and tied securely pending scavenger pickup. In no event shall
said litter or boxes or bags be stored on the premises for a period in excess
of three days.
[Added 9-27-1976 by Ord. No. 76-7]
D.
Owners of property devoted to the maintenance of shopping
centers or cluster-group retail establishments consisting of two or more retail
stores, occupied by the owner or by tenants, where private sidewalks are maintained
by the owner, shall provide a minimum of one receptacle for public litter
for every 100 feet or part thereof of continuous sidewalk in said shopping
center or cluster-group retail establishment. Receptacles required herein
shall be emptied when necessary and in all events not less than once every
three days, and said containers or a portion thereof shall be affixed to the
sidewalk and shall be placed and maintained in such a manner as not to constitute
a hazard to automobiles or pedestrians. Said receptacles shall be of such
size to contain not less than eight gallons nor more than 30 gallons of litter.
[Added 9-27-1976 by Ord. No. 76-7]
E.
Merchants or other persons owning or occupying premises
used as a business and owners of shopping centers and cluster-group retail
establishments, as above defined, shall at all times keep perimeters of said
property and fences, if any, free of all litter.
[Added 9-27-1976 by Ord. No. 76-7]
F.
Merchants or other persons owning or occupying premises
used as a business and owners of property used as a shopping center or cluster-group
retail establishment, as above defined, shall at all times keep all portions
of parking lots used in connection with said premises free of litter.
[Added 9-27-1976 by Ord. No. 76-7]
[Added 10-11-2005 by Ord. No. 2005-14]
The provisions of this chapter shall be enforced by the Zoning Officer
or his designee and the Police Department.
[Added 10-11-2005 by Ord. No. 2005-14]
Any person(s) who is found to be in violation of the provisions of this
chapter shall be subject to a fine not to exceed the fine set forth at § 1-15
of this Code of the Borough of New Providence.
