[HISTORY: Adopted by the Township Council of the Township
of Vernon 10-17-1996 by Ord. No.
96-22. Amendments noted where applicable.]
It is hereby declared that the careless, improper, uncontrolled
and unauthorized discarding, disposal, or dumping of solid waste,
bulky waste, garbage, liquid waste, litter and refuse upon public
or private lands, roadways, buildings or in receptacles not owned,
leased or occupied by the person doing so is a public nuisance, cause
of civic disgrace, a health, fire and safety hazard and pollutant
of the environment of and within the Township of Vernon which should
be banned, controlled and regulated for the advancement and protection
of the public health, safety and welfare. Currently the Township has
two ordinances of record each addressing portions of the problem,
Ordinance Nos. 85-14 and 93-5. It is determined by the Mayor and Township
Council that consolidation of these two separate ordinances into one
comprehensive ordinance will result in more efficient advancement
of the policy goals encompassed by both and clarify for the agency
enforcing same and the public regulated thereby the conduct intended
to be addressed and prescribed.
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.
BULKY WASTE
CATCH BASIN
CONTAINER
COUNTY
DUMPING
GARBAGE
GUTTER
LIQUID WASTE
LITTER
MUNICIPALITY
PERSON
PRIVATE PLACE
PUBLIC PLACE
PUBLIC UTILITY
PUBLIC WATERS
RECYCLABLE MATERIAL
REFUSE
RUBBISH
SOLID WASTE
VEHICLE
YARD WASTE
For the purpose of this chapter, the following words, phrases and
terms and their derivations shall have the meanings as defined herein:
Any nonputrescible waste from a residential or commercial
establishment, including but not limited to furniture, junk, appliances,
bedding, drums, containers, pallets, lawn mowers, bikes, tires, rugs,
equipment, vehicle parts, junk vehicles, canisters, grilles, construction
materials, metals, etc.
Any area created whereby surface water collects or drains
into; this shall include drainage swales and sewer drains.
Any device, from a bag to a tractor trailer, that waste materials
are placed in or loaded into or onto, including but not limited to
any size paper or plastic bag, garbage can, trailer, litter baskets,
recycling bin, roll-off, box car, compactor, flat bed, dumpster, hopper,
etc.
County of Sussex and State of New Jersey.
The loading, discarding, placing, throwing-down, pouring,
releasing, or emptying out of any solid or liquid waste, refuse or
garbage upon lands, buildings, roadways (either public or private),
parking lot, park, playground, rail bed, gutters, catch basins, refuse
cans and containers neither owned, leased or occupied by the person
doing so, nor expressly authorized by the owner, lessee or occupant
of same. It shall be presumed that a person is engaged in dumping
if objects are involuntarily permitted to come upon the aforementioned
places when the person last in possession of said objects does not
immediately remove said objects. "Dumping" as defined herein also
expressly includes the throwing or discharge of such waste from a
moving or standing motor vehicle.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food, as well as
household waste other than septic waste.
Any roadside, whether it is curbed or uncurbed, shall be
considered a gutter.
Waste which is in a liquid form, whether it be toxic, hazardous
or not, from residential, commercial, institutional or industrial
locations. "Liquid waste" includes but is not limited to used motor
oil, antifreeze, brake fluid, transmission fluid, paints, solvents,
thinners, sludge, septic sewage, leachate, washdown waters, gasoline,
roofing tar, driveway sealant, pesticides, herbicides, insecticides,
etc.
Any used or consumed substance or waste material which has
been discarded whether made of aluminum, glass, plastic, rubber, paper,
metal, or other natural or synthetic material, or any combination
thereof, including but not limited to any bottle, jar, can or any
top, lid, cap or detachable tab, any lighters or unlighted cigarette,
cigar, match or any bagged or unbagged garbage, refuse, debris, rubbish,
lawn or garden waste, newspaper, magazines, handbills, advertisements,
metal, plastic or paper containers, or any packaging, construction
material, but does not include the waste from primary processes of
mining or other extraction processes, logging, saw milling, composting,
farming or manufacturing.
The Township of Vernon, sometimes called "Vernon Township."
Any person, firm, partnership, association, corporation,
organization or company of any kind.
Any house, dwelling, building or other structure designed
or used either wholly or in part for private residential or business
purposes, whether inhabitated or temporarily or continuously uninhabited
or vacant, and shall include any yard, grounds, walk, driveway, porch,
steps, vestibule, lobby, parking area, mailbox belonging or pertinent
to such dwelling, house, building or other structure.
Any building, street, walkway, grounds, park, playground,
recreation center, squares, sidewalks, alley, rail bed or other public
right-of-way or public area owned by the Township of Vernon, County
of Sussex, State of New Jersey, or other political subdivision organized
under the laws of the State of New Jersey.
Any service company regulated by the Board of Public Utilities,
including but not limited to telephone companies, electric companies,
solid waste collection companies, gas companies, water companies,
etc. The term "public utility" shall also include nonregulated private
or municipal utility companies providing such services.
Any body of water situated within the municipal boundary
lines of the Township of Vernon which is upon or runs through lands
owned by the Township of Vernon, County of Sussex, State of New Jersey,
or any other political subdivision organized pursuant to the laws
of the State of New Jersey or which may otherwise be defined, classified
and considered public waters under statutes and laws of the State
of New Jersey, including but not limited to lakes, streams, rivers,
ponds, fountains, reservoirs, groundwaters and the like.
Those materials which would otherwise become solid waste
but which can be collected, separated or processed and returned to
the economic mainstream in the form of materials or products. Materials
designated as recyclable under the Sussex County District Solid Waste
Management Plan include newsprint, corrugated cardboard, glass, plastic
(PET and HDPE) containers, aluminum beverage cans, and high-grade
paper (stationery and computer, inclusive of magazine).
All putrescible solid waste (except body waste), including
but not limited to garbage, rubbish, ashes, street sweepings, dead
animals, abandoned automobiles or parts thereof, any scrap metal,
junk or machinery, furniture, household appliances, including but
not limited to washing machines, dryers, refrigerators, air conditioners,
televisions, ovens/stoves, and all other items of personal property
usually found or used in a house, apartment, office, store, business
or other type of residential, commercial, industrial or agricultural
structure. "Refuse" is also specifically meant to include all items
and materials coming under the definitions of garbage, rubbish, solid
waste, bulky waste and liquid waste as contained in this section.
Nonputrescible solid waste consisting of both combustible
and noncombustible waste, such as paper wrappings, cigarettes, cardboard,
tin cans, glass, bedding, crockery, newspapers to be discarded, building
materials, landscaping wastes and similar materials.
Waste which is a nonliquid form, including but not limited
to garbage, refuse, rubbish, bulky waste and other discarded materials
resulting from industrial, commercial and agricultural operations,
and from domestic and community activities and shall include all other
waste materials, including liquids, except for solid animal and vegetable
waste collected by swine producers licensed by the State Department
of Agricultural to collect, prepare and feed such waste to swine on
their own farms.
Any automobile, truck, tractor, bus, cab, motorcycle, boat,
train, used to transport people, materials and containers as well
as whole trailers along roadways, tracks or upon water.
Includes but is not limited to leaves, grass clippings, brush,
soil, gravel, rock, mulch, etc.
A.
No person shall dump any solid or liquid waste, as herein defined,
on, at or upon a public or private place or property within the Township
of Vernon other than a location that has been properly licensed for
the acceptance of such material by the Township of Vernon and any
state agency having licensing jurisdiction for same, including but
not limited to a public and private roadway, right-of-way, parking
lot, park, playground, recreational center, rail bed, public or private
building, sidewalk, public or private land, public waters, gutter,
catch basin, or any other public or private place, structure, container
or instrumentally located within the Township of Vernon. Activities
prescribed by this section include but are not limited to the following:
(1)
Burying, placing or causing to be placed any household trash in such
a manner or location as to constitute illegal dumping as defined above.
(2)
Burying, placing or causing to be placed any bulky waste in such
a manner or location as to constitute illegal dumping as defined above.
(3)
Transporting of solid waste or bulky waste by a vehicle in such a
manner that the materials being transported can escape from the vehicle
during transportation.
(4)
Burying, placing, pouring, releasing or dumping of any liquid waste
at any time and on or upon any located as defined above with the exception
of approved agricultural practices.
(5)
Transporting of liquid waste or materials by vehicle in such a manner
as to cause any of the contents to leach, leak, flow or drip from
the vehicle or any of the hoses or attachments of said vehicle while
standing or moving on roadways.
(6)
Discarding, throwing, dumping, pouring, releasing, placing or causing
to be placed any material in and around the Municipal Recycling Depot
of the Township of Vernon other than accepted recyclable materials
or improperly disposing of accepted recyclable materials at the Municipal
Recycling Depot of the Township of Vernon in such a manner as to cause
contamination of separated recyclable materials.
B.
This section shall be defined as specifically not prohibiting the
disposal of refuse in containers that are to be picked up by state-regulated
garbage collectors on a regular basis.
A.
The owner or person in control of any public or private property
or vacant or improved land shall at all times maintain the premises
so as not to attract people who will dump their solid or liquid waste
upon said premises. In the event that persons do dump on lands within
the Township, the owner or person in control of that property shall
have the obligation to take immediate steps to remove said solid waste,
liquid waste, garbage, refuse or rubbish from the premises.
B.
If it is determined by those authorized to enforce this chapter that
any lands, whether public or private, and whether vacant or improved,
are being used by anyone for the dumping of solid waste, or liquid
waste, the enforcement official shall notify the owner of record of
said property or the person in control of same by certified mail,
return receipt requested, and advise said person that the solid waste,
liquid waste, bulky waste, garbage, refuse and rubbish must be removed
within 15 days from the date said letter is mailed; provided, however,
that said notice may require the removal of said solid waste, or liquid
waste, within a stated, shorter period of time in the case of a second
or subsequent instance of dumping on the property in question or where,
in the opinion of the enforcement official, speedy removal is warranted
for the protection of the public health and safety. The notice shall
also advice the recipient that all costs and expenses related to the
removal of said solid waste or liquid waste shall be paid by the owner
or person controlling said lands. If the certified mail return receipt
request card indicating proof of service upon said owner is received
back by the enforcement official and the material that was dumped
upon said premises has not been removed within the aforesaid fifteen-day
period, then said owner of record and/or the person in control shall
be deemed to be in violation of this section of this chapter and shall
be liable to loss and punishment set forth further in this chapter.
C.
If the owner or person in control of any public or private property refuses or fails to remove the solid waste or liquid waste, within the fifteen-day period provided for in Subsection B above, then the Township of Vernon may remove or provide for the removal of such material. All costs and expenses related to the removal of such solid waste or liquid waste shall be charged against such lands. The amounts so charged shall forthwith become a lien upon said lands and shall be added to and become and form part of the real property tax next to be assessed and levied upon said lands, and the same to bear interest at the same rate as other taxes, and shall be collected and enforced by the same officer responsible for collecting taxes and in the same manner as taxes are collected.
A.
No person shall discard, place, throw, dump, rake or sweep litter
in, on or upon any public or private place within the Township of
Vernon, including but not limited to any public or private roadway,
right-of-way, parking lot, park, playground, recreational center,
rail bed, public or private building, sidewalk, grounds, public or
private lands, public waters, gutters, catch basins or any other public
or private premises within the municipal boundaries of the Township
of Vernon. This includes but is not limited to the following:
(1)
Placing or causing to be placed any handbill or other printed matter,
advertisements, newspapers, etc., in such a manner as to become litter.
(2)
Operating any vehicle in such a manner so as to allow any of its
freight to remain uncovered while moving or standing so as to allow
any of the contents to escape and/or become litter.
(3)
Placing or loading any waste materials into any container in such
a manner as to cause overflowing resulting in litter.
(4)
Sweeping litter, by either manual or mechanical means, from any sidewalk,
driveway, parking area, storefront, etc., into a gutter or catch basin.
(5)
Placing or causing to be placed any materials which shall become
litter in the public waters of the Township of Vernon.
(6)
Placing or causing to be placed any poster, handbill, advertisement,
sign, public notice, etc., in such a manner whereby, due to natural
elements, it may become litter.
(7)
Operating a vehicle in such a manner as to allow or cause to allow
to be carried onto any roadway debris from said vehicle's undercarriage
or on its tires, including excessive mud or sticky substances.
(8)
Allowing or causing to allow litter to collect on any private or
public place whereby it can be carried off by natural elements onto
other public or private places or roadways. This shall include but
not be limited to porches, yards, storefronts, loading areas, construction
sites, parking lots, driveways, collection depots, dumpster areas,
windshields, etc.
(9)
Allowing or causing to allow material to escape from the site of
any construction, landscaping, grading, land clearing, composting,
etc., operation.
(10)
Raking, either by manual or mechanical means, any yard waste
into the gutter or catch basin areas. The only exception shall be
in municipalities whereby leaf collection programs using a vacuum
truck (or other collection method) collected on specific days. Then
and only then may a person place leaves in the gutter in accordance
with the municipality's directions.
(11)
Allowing or causing to allow cut branches or wood chips to be
placed in such a manner as to slide, blow or otherwise be carried
by natural elements onto a public or private roadway.
B.
All litter-type material as defined herein shall be placed in proper
containers in such a manner that it cannot become litter. All designated
recyclable-type litter material shall be separated from the nonrecyclable
materials and placed in proper containers. Where no containers are
available, persons shall take their litter-type materials, both recyclable
and nonrecyclable, with them for proper disposal.
A.
No person shall dump his own or any acquired solid waste or liquid
waste into refuse receptacles owned by others or leased by others
without the expressed permission of the owner or lessees of such refuse
receptacles.
B.
No person shall dump, place or throw any of his own or acquired solid
waste or liquid waste, in any refuse receptacle owned by or leased
to the Township of Vernon, the County of Sussex, or the State of New
Jersey or any other public governmental agency or entity unless specifically
authorized to do so in writing by way of letter, regulation, authorization,
resolution or ordinance.
C.
No person shall dump, throw, deposit, mix or cause accepted recyclable
material to be placed in with solid waste or liquid waste.
A.
The owner or person in control of any public or private property,
whether vacant or improved land, shall at all times maintain the premises
free of solid waste or liquid waste.
B.
The owner or person in control of any public or private property,
whether vacant or improved lands, shall at all times prohibit anyone
from dumping solid waste or liquid waste upon said lands for the purpose
of landfilling or disposing of or storing said solid waste or liquid
waste upon said lands.
C.
Only those persons who are actually engaged in the operation of a
solid waste or liquid waste collection service within the Township
of Vernon, and who have been properly licensed by the New Jersey Department
of Environmental Protection and by the Board of Public Utility Commissioners
of the State of New Jersey to do so, may store solid waste or liquid
waste in a proper and appropriate container while filling same so
that a filled container may be transported to a state-licensed disposal
facility.
The provisions of this chapter shall be enforced by the Vernon
Township Police Department, Vernon Township Department of Health and
Human Services, Sussex County Health Department, New Jersey Department
of Environmental Protection and the Vernon Township Zoning Enforcement
Officer as the case may be. Violations shall be prosecuted in the
Municipal Court having jurisdiction over the location where the offense
occurred.
A.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction of same, be subject to a fine
of not less than $100 nor more than $1,000 for a first offense or
imprisonment for a term not to exceed 90 days (which may, in the discretion
of the Judge, include hours dedicated to community service), or both.
Each day such a violation is committed or permitted to continue shall
constitute a separate offense and may be punishable as such.
B.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon a second conviction thereof within five
years from a first conviction for violation of this chapter, be subject
to a fine of not less than $200 nor more than $2,000 or by imprisonment
for a term not to exceed 120 days (which may include hours dedicated
to community service in the discretion of the Judge), or both.
C.
Upon a third or subsequent conviction, the violator shall be subject
to a fine of not less than $300 nor more than $3,500 or imprisonment
for a term not to exceed 180 days (which may include hours dedicated
to community service in the discretion of the Judge), or both.
D.
Each day such a violation is committed or permitted to continue shall
constitute a separate offense and may be punishable as such.
Notwithstanding any other section of this chapter, or the existence
of any instrument transferring or implying that transfer of compliance
with this chapter to any occupant, operator or agent or other party,
the owner and/or owners of all premises within the Township of Vernon
shall be under the duty and responsibility to ensure compliance with
the terms and provisions of this chapter and shall be liable for the
penalties imposed hereunder in the event of any noncompliance by any
occupant, tenant, operator or agent or other party. Nothing in this
section shall be deemed to excuse or absolve noncompliance by any
such occupant, tenant, operator or agent or other party and such occupants,
tenants, operator, agents or other parties shall also be subject to
prosecution for any violations of the terms and provisions of this
chapter committed by them.
Specifically, this chapter shall not be interpreted or enforced
so as to interfere with or attempt to impose any restriction or penalty
upon any farm operator, procedure, practice or owner. Vernon Township
has specifically adopted a Right to Farm Ordinance[1] and recognizes the existence of standard farming practices,
and this chapter shall not be interpreted so as to overrule or interfere
with said practices.
