[Ord. #863; Ord. #1751, 9-30-2004, amended]
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, or having
done so, to allow such litter to remain, except that the owner or
person in control of private property may maintain authorized private
litter receptacles for collection in such a manner that litter will
be prevented from being carried or deposited by the elements upon
any street, sidewalk or other public place or upon any private property.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this section, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this section.
[Ord. #863; Ord. #1751, 9-30-2004, amended]
For the purpose of this section, 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. 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.
Shall mean putrescible animal and vegetable waste resulting
from the handling, preparation, cooking or consumption of food, provided
that nothing contained herein shall be deemed to apply to manure and
compost heaps maintained in areas suitable to their use.
Shall mean any apparatus or device, of whatever material,
or any part or parts thereof, which may be discarded or be placed
out of doors without protective covering. Any such apparatus or device
placed on the land or property of another person without the consent
and permission of the owner of such land or property shall be deemed
discarded junk.
Shall mean 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 flaming or glowing material or any garbage,
trash, refuse, debris, rubbish, grass clippings or other lawn or garden
waste, newspaper, magazines, glass, metal, plastic or paper containers
or other packaging or construction material, but not including the
waste of the primary processes of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
Shall mean a container suitable for the depositing of litter.
Shall mean any individual, corporation, company, partnership,
firm, association or political subdivision of this state subject to
municipal jurisdiction.
Shall mean any and all streets, lanes, parkways, sidewalks,
municipal parking lots, alleys or other public ways, and any and all
public parks, squares, spaces, recreation areas, grounds and buildings.
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including but not limited to garbage, rubbish,
ashes, street cleanings, dead animals, abandoned automobiles and solid
market and industrial wastes.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery, gravel, stones, rocks, rubble, construction materials, earth,
dirt, ashes, sticks, tacks, nails or similar materials.
[Ord. #863; Ord. #1751, 9-30-2004, amended]
Litter receptacles and their servicing are required
at the following public places which exist in the municipality, including
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 stations; parks; all street
vendor locations; self-service refreshment areas; construction sites;
gasoline service station islands; shopping centers; parking lots;
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.
[Ord. #863; Ord. #1751, 9-30-2004, amended]
No person shall sweep into or deposit in any
gutter, street, catch basin or other public place within the Township
the accumulation of litter from any building or lot or from any public
or private sidewalk or driveway. All sweepings shall be collected
and properly containerized for disposal. Persons owning or occupying
places of business within the Township shall keep the sidewalks in
front of their business premises free of litter.
[Ord. #863; Ord. #1751, 9-30-2004, amended]
No person shall throw or deposit litter in any
fountain, pond, lake, stream, river or other body of water in a park
or elsewhere within the Township.
[Ord. #863; Ord. #1751, 9-30-2004, amended]
No person shall throw or deposit litter on any
private property within the Township, whether owned by such person
or not, and the owner or person in control of any private property
shall at all times maintain the premises free of litter; provided,
however, that this subsection shall not prohibit the storage of litter
in suitable containers in a manner that is not unsightly and does
not constitute a health hazard.
[Ord. #863; Ord. #1751, 9-30-2004, amended]
It shall be unlawful for any residential or
commercial property owner to permit open or overflowing waste disposal
bins on his or her property.
[Ord. #863; Ord. #1751, 9-30-2004, amended]
In areas zoned residential, except in a fully
enclosed structure or during days designated for the collection of
bulky items, it shall be unlawful for any residential property owner
to store or permit storage of tires or any bulky household waste,
including household appliances, furniture and mattresses.
[Ord. #863; Ord. #1751, 9-30-2004, amended]
No person shall drive, move, stop or park any
vehicle within the Township unless the vehicle is so constructed and
loaded as to prevent any load or contents from being blown, dropped,
sifted, leaked or otherwise deposited upon any street or other public
place or upon adjoining private property, nor shall any person drive
or move any vehicle or truck within the Township, the wheels or tires
of which carry out or deposit in any street or other public place,
mud, dirt, sticky substance or foreign matter of any kind. Any person
operating a vehicle from which any glass 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 pay
the costs therefor.
[Ord. #863; Ord. #1751, 9-30-2004, amended]
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 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.
[Ord. #863; Ord. #1751, 9-30-2004, amended]
Any person violating any provision of this section
shall, upon conviction thereof, be subject to a fine not to exceed
$100 for each violation. If the violation is of a continuing nature,
each day during which it continues shall constitute a separate and
distinct offense under this section. If any provision of this section
is found to be invalid, it shall not affect the validity or enforceability
of the remainder of this section.
[Ord. #1751, 9-30-2004, added]
This section shall be enforced by the Zoning
Enforcement Officer of the Township of Bernards.
