[HISTORY: Adopted by the Mayor and Council of the Borough of Washington 4-18-2017 by Ord. No. 2017-04. Amendments noted where applicable.]
Garbage, rubbish and refuse — See Ch. 47.
Public health nuisances — See Ch. 59.
Editor's Note: This ordinance superseded former Ch. 55, Littering, adopted 11-9-1983 by Ord. No. 29-83.
For the purposes of this chapter, the following words shall have the following meanings:
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage and collection receptacle provided by the owner or occupier of private premises.
- The Borough of Washington, in the County of Warren and State of New Jersey.
- COMMERCIAL HANDBILL
- Any printed or written matter, sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copy of any matter of literature:
- A. Which advertises for sale any merchandise, product, commodity or thing;
- B. Which directs attention to any business or mercantile or commercial establishment or any activity for the purpose of either directly or indirectly promoting the interest thereof by sale;
- C. Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit, but the terms of this subsection shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind; or
- D. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the profit, benefit or gain of any person so engaged as advertiser or distributor.
- Any substance, waste material, garbage, refuse, or rubbish which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or any 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 extracting processes, logging, sawmilling, farming or manufacturing.
- Any newspaper of general circulation as defined by general law; any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation and any newspaper filed and recorded with any recording officer as provided by general law; and in addition thereto shall mean and include any periodical or current magazine regularly published with not fewer than four issues per year and sold to the public.
- NONCOMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a "commercial handbill" or "newspaper."
- A park, reservation, playground, recreation center or any other public area of the Borough or other public entity devoted to active or passive recreation by the public.
No person shall throw or deposit litter in or upon any street, road, sidewalk or other public place within the Borough, except in public receptacles or authorized private receptacles for collection.
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, road, alley or other public place or upon private property.
No person shall sweep into or deposit in any gutter, street, parking lot or public place within the Borough the accumulation of litter from any building or lawn or from any public or private sidewalk or driveway.
It shall be the duty, severally and equally, of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk, curb and gutter abutting the structure free from obstruction or nuisances of every kind and to keep sidewalks, areaways, backyards, courts and alleys free from litter. No person shall sweep into or deposit into 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, curb and gutter in front and in the rear of his or her premises free of litter. All sweepings shall be collected and properly containerized for disposal.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street, parking lot or public place within the Borough the accumulation of litter from any building or lot or from any public or private sidewalk, driveway or parking lot. Persons owning or occupying places of business within the Borough shall keep the sidewalk in front of their business premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Borough or upon private property.
No person shall drive or move any truck or other vehicle within the Borough unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
No person shall drive or move any vehicle or truck within the Borough, the wheels or tires of which carry onto or which deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.
No person shall throw or deposit any commercial or noncommercial handbill or newspaper in or upon any sidewalk, street or other public place within the Borough, nor shall any person distribute or sell any commercial handbill or newspaper in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the Borough for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill or newspaper to any person willing to accept it.
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamp post, public utility pole, shade tree or upon any public structure or building, except as may be authorized or required by law.
No person shall throw or deposit any commercial or noncommercial handbill or newspaper in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill or newspaper to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill or newspaper in or upon any private premises which are temporarily or continuously uninhabited or vacant. Section 55-11B shall apply hereto.
No person shall throw, deposit or distribute any commercial or noncommercial handbill or newspaper upon any private premises if requested by anyone thereon not to do so or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words: "No Trespassing," "No Advertisements" or "No Peddlers or Agents," or any similar notice indicating in any manner that the owner, occupant or tenant of the premises does not desire to be molested or have his right of privacy disturbed or to have any such handbills or newspapers left upon such premises. Section 55-11B shall apply hereto.
No person shall throw, deposit or distribute any commercial or noncommercial handbill or newspaper in or upon private premises which are inhabited, except by handing or transmitting the same directly to the owner, occupant, tenant or other person then present in or upon such private premises; provided, however, that in the case of inhabited private premises which are not posted as provided in this chapter, such person, unless requested by the owner, occupant or tenant on the premises not to do so, may place or deposit any such handbill or newspaper in or upon such inhabited private premises if the same is so placed or deposited as to secure or prevent the same from being blown about such premises or sidewalks, streets or other public places and the same is not placed upon the surface of the ground. Mailboxes may not be used when so prohibited by federal postal law or regulations, but private boxes may be used when so provided.
The provisions of this section shall not apply to the distribution of mail by the United States or its agents or legally authorized deliverers.
No person shall throw or deposit litter on any occupied or unoccupied private property within the Borough, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private 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.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property within the Borough, whether owned by such person or not.
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 debris or trash at construction areas and to maintain and empty the receptacles in such a manner and with such frequency as to prevent spillage of refuse.
It shall be unlawful for any owner, agent, or contractor in charge of a construction or demolition site to permit land to be covered with or contain refuse and debris resulting from construction activities or the demolition of buildings, which refuse or debris has remained on the land for more than 30 days after the completion of construction or demolition. Salvaged building materials neatly stored on the owner's premises shall not be deemed refuse or debris.
Enforcement of the within chapter shall be made by regular and special officers of the police agency servicing the Borough of Washington, the Zoning Officer of the Borough of Washington, or any other officer authorized by the Board of Health to enforce this code and chapter; or upon complaint of any citizen or any authorized county or state health department or agency.
Any person who shall violate this chapter shall, upon conviction thereof, pay a fine not exceeding $500 or be imprisoned in the county jail for a term not exceeding 90 days, or both, for each offense, in the discretion of the court. Each day said offense continues shall constitute a separate offense.
Any person authorized to enforce the provisions of this chapter is authorized to notify the owner of any property within the Borough or the agent of such owner to properly dispose of litter located on such owner's property in violation of this chapter. Such notice shall be sent by certified mail, return receipt requested, and/or posted on the property.
In the event that the owner or agent fails to comply with such notice within five days after receipt of written notice or five days after notice was posted on the property, the enforcing official shall authorize the removal of said litter. The property owner shall be billed by the Borough for all expenses incurred for the removal of said litter. Failure to pay for billed expenses shall constitute a valid assessment against such lands and shall be duly certified to the governing body, which shall examine the certified assessment and, if found correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall become a lien upon such lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands. If the enforcing official deems the existing condition as an immediate health or safety problem, the removal shall be ordered immediately. If the owner or agent refuses to comply, the Borough shall effect the removal at the expense of the owner.
Nothing in this chapter shall be construed to pertain to junk dealers, junkyards, motor vehicle junk dealers, motor vehicle junkyards, wholesale junkyards or wholesale junkyard scavengers duly licensed by the Borough of Washington.
Litter receptacles and their servicing are required at the following public places which exist in the Borough:
Buildings held out for use by the public, including schools and government buildings;
Street vendor locations;
Self-service refreshment areas;
Gasoline service stations;
Public parking lots;
Campgrounds and trailer parks; 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, removing and servicing the receptacles such that adequate containerization is available.