[HISTORY: Adopted by the Mayor and Council
of the Borough of North Haledon 7-11-1990 by Ord. No. 19-1990 (Ch. 103 of the 1990 Code). Amendments noted where applicable.]
The purpose of the within chapter is to prohibit
littering in the Borough of North Haledon. The provisions of the within
chapter are supplemental to the existing ordinances of the Borough.
If there is any conflict between the provisions of the within chapter
and the provisions of any other ordinances, the more stringent provisions
shall be applicable.
The following words shall have the following
meanings:
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 garden waste, newspaper,
magazines, glass, metal, plastic or paper containers or other packaging
or construction material which might affect the health and welfare
of the community or render the streets and public places unsightly.
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies as well as individuals.
It shall be unlawful for any person to throw,
put or place, or cause to be thrown, put or placed, into, upon or
within any street, public place, parking lot open to the public or
public building any substance, matter or thing whatsoever whereby
the safe, free or unobstructed use of the same by the public may be
in any way impeded or interfered with, or whereby the same may be
rendered unsightly in appearance. Nothing in this section shall prohibit
the deposit of any such material in any public or private receptacles
approved by the Municipal Council for such purpose. Nothing in this
section shall be construed to prohibit construction, repair or maintenance
equipment, materials or machinery from being utilized temporarily
on a street, public place, parking lot or public building. This section
shall not apply to municipal activities by municipal employees.
No person shall sweep or cause to be swept into
or deposit in any gutter, street, catch basin or other public place
any significant accumulation of litter from any public or private
place. Every person who owns or occupies property shall keep the sidewalk
in front of his/her premises free from litter. All significant sweepings
shall be collected and properly containerized for disposal. Nothing
contained herein shall be construed to prohibit the washing down of
driveways and sidewalks.
No person shall put, deposit or store any litter
or other material or equipment or any bulk household item, including
but not limited to appliances, furniture, mattresses, or tires, except
in fully enclosed structures or during designated days for collection
of bulk items, upon any property or private property whereby such
property may be rendered unsightly in appearance or detrimental to
the public health, safety and welfare of the public. Nothing contained
herein shall prohibit the deposit of grass clippings and branches
and twigs on private property, as long as the said material originated
from the same premises on which it is deposited and so long as the
said material does not generate odors and is located in the rear portion
of the property.
Litter receptacles and their servicing may be
required at the discretion of the governing body at the following
public places existing in the municipality, including but not limited
to: sidewalks used by pedestrians in active retail commercially zoned
areas; buildings held out for use by the public, including schools,
government buildings, 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, where
directed by the governing body upon the recommendation of the Superintendent
of Public Works.
No person shall place or cause to be placed
any receptacles for refuse or garbage outside of any commercial building
except in an enclosure provided and designated for such storage. The
area surrounding the receptacle shall be kept free of litter.
It shall be the duty of the owner, lessee, tenant,
occupant or person in 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 any kind and to keep sidewalks, areaways,
backyards, courts and alleys free from accumulations of litter and
other offensive material.
It shall be unlawful for any residential or
commercial property owner to permit open or overflowing waste disposal
bins upon property owned by such person.
It shall be unlawful to operate any trucks or
motor vehicles carrying or conveying stones, dirt, sand, gravel, earth,
fill, glass, grass clippings, solid waste or other similar materials
on any road within the Borough without said materials being covered
or retained in place by tarpaulins or other suitable equipment or
device to prevent said materials from falling off, sifting, leaking
or otherwise escaping from the vehicle. Any person operating a vehicle
from which any glass, debris, or objects 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 glass or objects and shall be liable for and
pay the costs thereof.
It shall be unlawful for any owner, agent or
contractor in charge of a construction site or demolition site to
permit the accumulation of litter before, during or after 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. Temporary accumulations during the
time of actual construction or demolition shall not constitute a violation.
In the event, however, if the Superintendent of Public Works determines
that the accumulation has continued beyond reasonable time, he/she
may give a written direction to the owner, agent or contractor that
the accumulation be removed. Thereafter, if the accumulation is not
removed, within a reasonable time after the notice, it shall constitute
a violation.
No person shall interfere with any employee
of the Borough of North Haledon or any municipally employed person
in the sweeping or clearing of any street or in the removal of sweepings,
ashes, garbage, rubbish, snow, ice or other refuse materials described
herein.
A.
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 material prohibited to be stored or abandoned on lands by this
chapter by or under the direction of the sanitarian or appointed officers
of this jurisdiction, in cases where the owner or tenant shall refuse
or neglect to remove same within five days of receiving a notice of
violation, such officer shall cause the cost to be charged against
said properties and owners for services rendered by the municipal
crews pursuant to N.J.S.A. 40:48-2.12f. Costs incurred shall be levied
against said properties. The same 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 a lien for delinquent real estate taxes.
B.
The amounts to be billed shall be equivalent to the
cost of the services rendered by either the Borough's employees or
the person contacted by the Borough to perform the services, or both.
C.
In addition to the cost of removal of the debris/litter, any person who shall violate any of the provisions of this chapter or any order promulgated hereunder shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. In addition, each violation of any of the provisions of this chapter shall be deemed a separate offense, and each day that such violation shall continue shall be deemed a separate and distinct offense.[1]
