[HISTORY: Adopted by the Township Committee
of the Township of Elk 6-1-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 110.
As used in this chapter, the following terms
shall have the meanings indicated:
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
[Added 2-1-1979]
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,
newspaper, 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 process,
logging, sawmilling, farming or manufacturing.
[Added 2-1-1979; amended 9-1-1988]
A container suitable for the depositing of litter.
[Added 9-1-1988]
Any place to which the public has access and shall include
any street, highway, road, alley or sidewalk. It shall also include
the front or the neighborhood of any store, shop, restaurant or other
place of business and public grounds, areas, parks, as well as parking
lots or other vacant private property not owned by or under the control
of the person charged with violating this chapter.
All putrescible solid waste, including garbage, rubbish,
street cleanings, dead animals, abandoned automobiles, dismantled
automobiles and parts thereof, scrap metal and junk machinery, and
solid market and industrial waste.
[Added 2-1-1979]
Nonputrescible solid waste, consisting of both combustible
and noncombustible waste, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery,
building materials and similar materials.
[Added 2-1-1979]
[Amended 2-1-1979; 6-7-1979; 9-1-1988]
A.
Littering prohibited. 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.
B.
Use of litter receptacles. 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 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.
C.
Illegal dumping. 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, furniture or 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.
D.
Storage of household solid waste. It shall be unlawful
for any residential property owner to store or permit storage of any
bulky household waste, including household appliances, furniture and
mattresses, in areas zoned residential, except in a fully enclosed
structure or during days designated for the collection of bulky items.
E.
Storage of tires. It shall be unlawful for any residential
property owner to store or permit the storage of tires in areas zoned
residential, except in a fully enclosed structure or on days designated
for the collection of tires.
F.
Inoperable vehicles. It shall be unlawful for any
person to keep or permit the keeping on streets, vacant lots and residential
lawns, except in a fully enclosed structure, any motor vehicle, trailer
or semitrailer which is missing tires, wheels, engine or any essential
parts; or which displays extensive body damage or deterioration; or
which does not display a current, valid state license; or which is
wrecked, disassembled or partially disassembled.
G.
Uncovered vehicles. It shall be unlawful for any vehicle
to be driven, moved, stopped or parked on any highway 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 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 cost therefor.
H.
Construction sites. 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.
I.
Open or overflowing waste disposal bins. It shall
be unlawful for any residential or commercial property owner to permit
open or overflowing waste disposal bins on his or her property.
J.
Commercial establishments and residences. 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 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.
K.
No person shall cast or throw any stick, stone or
other substance or shall shoot from any airgun, pistol, or rifle any
shot or projectile at, against or into any car, automobile, person
or property of another.
L.
No person shall place any material, fluid or substance
to be in or on any surface of any public place which impedes, obstructs
or makes dangerous travel thereon.
M.
Posting
of notices. No person shall post or affix any notice, poster solicitation
or other paper or device calculated to attract the attention of the
public to any lamppost, public utility pole, shade tree or upon any
public structure or building, except as may be authorized or required
by law.
[Added 5-6-2010 by Ord. No. O-2010-24]
[Amended 9-1-1988; 5-6-2010 by Ord. No. O-2010-24; 9-20-2016 by Ord. No.
O-7-2016]
A.
Any person
or entity who is convicted of violating this chapter shall be subject
to any one or more of the following: imprisonment in the county jail
or in any place provided by the municipality for the detention of
prisoners, for any term not exceeding 90 days; and/or by a fine not
exceeding $2,000; and/or by a period of community service not exceeding
90 days. If the violation is of a continuing nature, each day which
it continues shall constitute a separate and distinct offense.
B.
Any person
who is convicted of violating the same provision of this chapter within
one year of the date of a previous violation of this chapter, and
who was fined for the previous violation, shall be sentenced by a
court to an additional fine as a repeat offender. The additional fine
imposed by the court upon a person for a repeated offense shall not
be less than the minimum or exceed the maximum fine fixed for a violation
of the chapter, but shall be calculated separately from the fine imposed
for the initial violation of this chapter.
