[HISTORY: Adopted by the Mayor and Council of the Borough of Northvale
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-8-1993 by Ord. No. 663-93]
As used in this chapter, the following terms shall have the meanings
indicated:
The Zoning Officer, Fire Official and police officers and/or the
DPW Superintendent. The said officials shall be empowered to enforce this
chapter and shall be collectively designated as the "Borough Enforcement Officer."
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 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.
A container suitable for the disposing of litter.
Any area that is used or held out for use by the public, whether
owned or operated by public or private interests.
A.
Litter receptacles shall be required at the following
public places within the Borough of Northvale:
(1)
Buildings held out for public use.
(2)
Bus stops.
(3)
Parks.
(4)
Drive-in restaurants.
(5)
Street vendor locations.
(6)
Self-service refreshment areas.
(7)
Construction sites.
(8)
Gas service station islands.
(9)
Shopping centers.
(10)
Parking lots.
(11)
Special events to which the public is invited, including
sporting events, parades, carnivals and festivals.
Persons placing litter, rubbish or trash 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 place or upon private property.
No person shall sweep into or deposit in any gutter, catch basin, street
or other public place within the Borough the accumulation of litter, rubbish
or trash from any building or lot or from any public or private sidewalk or
driveway.
No person, while a driver or passenger in a vehicle, shall throw or
deposit litter, rubbish or trash, upon any street, other public place or upon
private property within the Borough.
A.
No person shall drive, move or park any truck or other
vehicle within the Borough unless such vehicle is constructed or loaded to
prevent any of the load, contents or litter from dropping, sifting, leaking,
escaping or being blown or deposited upon any street, alley or other public
place.
B.
No person shall drive or move any vehicle or truck within
the Borough, the wheels or tires of which carry onto or deposit in or on any
street, alley or other public place litter, rubbish, trash or foreign matter
of any kind.
C.
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 on public property, shall immediately
notify the Northvale Police Department and shall pay the costs of cleaning
if performed by the Borough of Northvale or its agents.
A.
No person shall throw or deposit litter, rubbish or trash
in any park or playground within the Borough except in public receptacles
and in such a manner that the litter, rubbish or trash will be prevented from
being carried or deposited by the elements upon any part of the park, playground,
any street or other public place.
B.
Where public receptacles are not present, all litter,
rubbish or trash shall be carried away from the park or playground and properly
disposed of elsewhere by the person responsible for its presence.
No person shall throw or deposit litter, rubbish or trash on any occupied
or vacant private property within the Borough, whether owned by such person
or not, except that the owner or person in control may maintain authorized
private receptacles for collection in such manner that litter, rubbish or
trash will be prevented from being carried or deposited by the elements upon
any street, other public place or any private property.
A.
No person shall permit the discarding or dumping of any
household or commercial solid waste in any place not specifically designated
for the purpose of solid waste storage or disposal.
No person shall store or permit the storage of any bulky household waste,
including household appliances, furniture or mattresses, in areas zoned residential,
except in a fully enclosed structure.
No person shall store or permit the storage of tires, except in a fully
enclosed structure.
No person shall keep or permit the keeping on streets, vacant lots and
residential lawns, except in a fully enclosed structure, any motor vehicle,
trailer or semitrailer:
No property owner, agent or contractor in charge of a construction or
demolition site shall permit the accumulation of litter or debris 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 the construction
site to furnish containers adequate to accommodate flyable and nonflyable
debris or trash at areas convenient to construction areas, and to maintain
and empty the receptacles in such a manner and with such frequency as to prevent
spillage.[1]
No residential, commercial or industrial property owner, lessee, tenant
or other occupant shall permit open or overflowing waste disposal containers
or bins on his or her property.
A.
No person shall distribute, or cause to be distributed,
to any dwelling or building, or place or cause to be placed, upon any motor
vehicle, any advertisement, handbill or unsolicited material of any nature,
unless the item or material is securely placed at each dwelling, or on each
motor vehicle, so that it will not be carried or deposited by the elements
to another portion of the property, any street, sidewalk, other public place
or private property.
B.
In the event the material is distributed by any person
who has not attained the age of 18 years, the person requesting or authorizing
to distribution of the item or materials shall be responsible for compliance
with this chapter.
A.
No person owning, occupying or operating a place of business
shall sweep into or deposit in any gutter, catch basin, street or other public
place within the Borough the accumulation of litter, rubbish or trash from
any buildings or lot, public or private sidewalk or driveway.
B.
The owner or managing agent, lessee, tenant or other
occupant shall keep the entire business premises free from all litter, rubbish
or trash.
C.
In shopping centers or other business premises that contain
common areas and/or common parking, the owner or managing agent shall keep
such common areas free from all litter, rubbish or trash.
A.
Every owner, lessee, tenant, occupant or other person
in charge of any structure shall keep and cause to be kept the sidewalk and
curb abutting the building or structure free from obstruction and nuisances
of every kind, and to keep sidewalks, rights-of-way, backyards, courts and
alleys free from all litter and other offensive material.
B.
Every person who owns or occupies property shall keep
the sidewalk in front of the premises free of litter. All sweepings shall
be collected and properly containerized for disposal.
The owner, managing agent, lessee, tenant or person in control of any
private property shall at all times maintain the premises free of litter,
rubbish or trash; provided, however, that this section shall not prohibit
storage of litter, rubbish or trash in authorized receptacles for collection.
A.
In addition to the requirements set forth under §§ 118-17 and 118-18 of this chapter, all owners, lessees, tenants and/or occupants of any commercial or industrial properties located within the Borough of Northvale shall fully comply with the provisions of Chapter 147 of the Northvale Code, entitled "Property Maintenance," which shall remain in full force and effect.
A.
Notice to remove. The Borough of Northvale Enforcement
Officer is authorized and empowered to notify the owner, or agent of owner,
of any private property within the Borough, to properly dispose of litter,
rubbish or trash located on the owner's property which is unsightly or
dangerous to the public health, safety or welfare. Such notice shall be by
certified mail, return receipt requested, addressed to said owner at his last
known address.
B.
Action upon noncompliance. Upon the failure, neglect
or refusal of any owner or agent to comply with the notice within 10 days
after receipt, or within 15 days after the date of the notice, in the event
the same is returned by the post office because of inability to make delivery,
provided that the notice was properly addressed, the enforcement officer is
authorized and empowered to cause the disposal of the litter, rubbish or trash.
C.
Charge included in tax bill. When the Borough has caused
the removal of unsightly or dangerous litter, rubbish or trash, or has paid
for its removal, the actual cost thereof, plus accrued interest at the rate
of 6% per annum from the date of the completion of the work, if not paid by
the owner prior thereto, shall be charged to the owner of the property on
the next regular tax bill forwarded to the owner of the Borough and shall
be due and payable at the time of the payment of the bill.
The Superintendent of the Department of Public Works is authorized to
post appropriate signs stating the prohibition against littering and the fine
of $100.
[Amended 8-10-1994 by Ord. No. 675-94]
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalties. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable by law.
[Adopted 8-23-2006 by Ord. No. 828-2006]
As used in this article, the following terms shall have the meanings
indicated:
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, newspapers, 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
processes, logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm, association,
or political subdivision of this state subject to municipal jurisdiction.
The Police Department and Division of Building and Code Enforcement
of the Borough of Northvale shall enforce this article.
Any person who is found to be in violation of the provisions of this
article shall be subject to a fine not to exceed $1,000.