[HISTORY: Adopted by the Mayor and Council of the Borough of Oceanport 2-1-1990
by Ord. No. 602 (Ch. 42A of the 1970 Code). Amendments noted
where applicable.]
Unless the context otherwise dictates, the following definitions shall
be used in the interpretation and construction of this chapter:
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; 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.[1]
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm, association
or political subdivision of this state subject to municipal jurisdiction.[2]
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
in a litter receptacle.
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
or furniture, or on 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.
Litter receptacles and their servicing are required at the following
public places which exist in the municipality: 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
and bus stations; parks; drive-in restaurants; all street vendor locations;
self-service refreshment areas; construction sites; gasoline service stations'
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.
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 litter sweepings
shall be collected and properly containerized for disposal.
It shall be unlawful for any residential or commercial property owner
to permit open or overflowing waste disposal bins on his or her property.
A.
It shall be 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, shall
immediately cause the public property to be cleaned of all such materials
and shall pay the costs therefor.
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 immediately following 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.
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 obstructions or nuisances of
every kind, and to keep sidewalks, areaways, backyards, courts and alleys
free from litter.
It shall be unlawful for any person to place, to cause to be placed
or to hire another person to place any advertisement, handbill or unsolicited
material of any kind in or on any street, sidewalk, building or vehicle within
the community in such a manner that it may be removed by natural forces.
In the event that the owner or possessor of private property or lands
shall refuse or neglect to abate or remedy the condition which constitutes
a violation of this chapter, the municipality may cause the condition to be
abated and remedied. Upon the removal of any materials, prohibited by this
chapter to be stored or abandoned on lands, by or under the direction of the
Road Supervisor, in cases where the owner or tenant shall have refused or
neglected to remove the materials within five days of receiving a notice of
the violation, such officer shall certify the cost thereof to the municipality,
which shall examine the certificate and, if found correct, shall cause the
cost as shown thereon to be charged against said lands, and it will be added
to and become and form part of the taxes next to be assessed and levied upon
said lands. The fines shall bear interest at the same rate as taxes and shall
be collected and enforced by the same officers and in the same manner as taxes.
The primary parties responsible for the enforcement of this chapter
and the issuance of a complaint for any violation thereof shall be the Police
Department and/or the Code Enforcement Officer.
Any person who shall refuse or neglect after written notice to comply with the demands therein made or who shall otherwise violate any provision of this chapter shall, upon conviction thereof, be liable to a penalty as set forth in Chapter 1, § 1-15, General penalty. If the violation is of a continuing nature, each day during which it continues shall constitute a separate and distinct offense. The imposition and collection of any fine or penalty prescribed by this section shall not bar the right of the municipality to collect the cost of the removal of the materials as hereinabove specified, and said remedies shall be cumulative.
