[Adopted 6-15-1989 by Ord. No. 1154 (Ch.
125 of the 1982 Code)]
As used in this article, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
Any used or unconsumed substance or waste material that 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; any garbage, trash,
refuse, debris, rubbish, grass clippings, shrub or tree trimmings
or other lawn or garden waste; any ashes, cinders, shells, straw,
shavings, dirt, crushed stone, newspaper, magazines, advertising fliers
or other handbill fliers, glass, metal 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.
A container suitable for the depositing of litter, which
container shall be smooth on its interior surface, nonporous, durable
and with a tight-fitting lid.
Natural persons, firms, partnerships, corporations, associations
or other artificial bodies.
Any and every public place or building within the Borough
which is within the jurisdiction and control of the municipality,
is or may be in general use by all citizens and in which all have
an equal right of passage at will.
Includes highways, roads, avenues, boulevards, courts, places,
terraces, public lanes, alleys, sidewalks, footpaths and all other
public highways for vehicular or pedestrial travel.
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.
The proprietors of the following public places
and the sponsors of the following public events that exist or are
held in the Borough of South Plainfield shall provide and service
litter receptacles such that adequate containerization is available
in said places or at such events: buildings held out for use by the
public, including schools, government buildings and railroad and bus
stations; parks; drive-in restaurants; self-service refreshment areas;
street vendor locations; construction sites; gasoline service station
islands; shopping centers; parking lots; campgrounds and trailer parks;
sporting events; parades; carnivals; circuses; and festivals. "Adequate
containerization" means that no litter receptacle shall be allowed
to overflow its contents, and there shall be litter receptacles placed
on 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. In such areas that will lack a sufficient number
of litter receptacles due to an absence of the uses specified above,
the Borough shall be responsible for providing and servicing the required
litter receptacles.
It shall be unlawful for any residential or
commercial property owner to permit open or overflowing waste disposal
bins on his or her property.
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 obstruction or nuisances of every kind and to keep sidewalks,
areaways, backyards, courts and alleys free from litter and other
offensive material. No person shall sweep into or deposit in any gutter,
street, catch basin or other part of the storm sewer system or 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 sweepings
shall be collected and properly containerized for disposal.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such a manner
as to prevent it from being carried or deposited by the elements upon
any street, sidewalk or other public or private place.
It shall be unlawful to throw or deposit litter
in any fountain, pond, lake, stream, river or any other body of water
in a park or elsewhere in the Borough.
It shall be unlawful for any vehicle to be driven,
moved, stopped or parked on any highway or street unless such a vehicle
is constructed or loaded to prevent any of its load from dropping,
shifting, leaking or otherwise escaping therefrom. Any person operating
a vehicle from which any glass or dirt, sand, gravel, shavings or
other light materials of any sort of manufacturing or household waste,
refuse, rubbish and any sort of ashes, manure, garbage or other organic
refuse or other offensive matter 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 other matter or objects and shall pay
the costs thereof.
It shall be unlawful for any person to discard
or dump along any street, on or off any right-of-way, any household
or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle
parts, rubber tires, appliances, furniture, construction debris, grass
clippings or other yard waste or on property not specifically designated
for the purpose of solid waste storage or disposal. It shall be unlawful
to dispose of residentially generated garbage in publicly owned litter
receptacles or in privately owned litter receptacles or solid waste
storage containers except with the written consent of the owner of
said containers.
[Added 2-11-1999 by Ord. No. 1497]
It shall be unlawful for an owner of property
to permit, allow or cause any vehicle to track, deposit or allow to
fall dirt, mud or other materials onto any road located within the
Borough of South Plainfield from construction sites or other unpaved
sites. The owner of the property shall be responsible for installing
and maintaining truck pads or other effective means or devices to
prevent dirt, mud and other materials from leaving the property, and
shall be responsible for immediately cleaning from the road any mud,
dirt or other material that has been tracked, deposited or allowed
to fall upon a road located in the Borough.
[Amended 4-28-1994 by Ord. No. 1356[1]]
Any person who violates any of the provisions
of this article shall, upon conviction thereof, be subject a fine
not to exceed $1,000 or be imprisoned in the county jail for a period
not exceeding 30 days or to an alternate sentence to community service
to be performed at the Borough recycling center for a period not exceeding
30 days, or both. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such hereunder. The provisions of this article shall be enforceable
by the Police Department, the Code Enforcement Officer, the Property
Maintenance Code Officer for the Borough and the Health Officer.
If any section or part of any section of this
article is adjudged unconstitutional or invalid, said judgement shall
not be held to affect any other section or part of any section of
this article. If any section or provision of this article is inconsistent
with the provisions of any other Borough ordinance or section thereof,
this article and these sections and provisions shall prevail. This
section, however, shall not act to nullify the provisions of the Sanitary
Code of the Borough of South Plainfield where said provisions apply
to litter control.
