[HISTORY: Adopted by the Township Committee
of the Township of Montville by Ord. No. 1308 as Ch. 8.32 of the 1998 Code. Amendments
noted where applicable.]
A.
Word usage. For the purpose of this chapter and 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.
B.
GARBAGE
LITTER
PERSON
PRIVATE PREMISES
PUBLIC PLACE
PUBLIC STRUCTURE OR BUILDING
REFUSE
RUBBISH
TOWNSHIP
VEHICLE
Definitions. For the purpose of this chapter, the
following terms, phrases, words and their derivations shall have the
meanings given herein:
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown, deposited or stored as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling house, building or other structure designed
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, ground, walk, driveway, porch, steps or
vestibule belonging or appurtenant to such dwelling house, building
or other structure. It is also any building or other structure designed
or used either wholly or in part for commercial, business or industrial
purposes, subject to the above conditions and inclusions. It is also
any open, vacant or unoccupied lot.
Any streets, sidewalks, alleys or other public ways and any
and all public parks, squares, spaces, grounds and buildings, including
but not limited to the following: sidewalks used by pedestrians in
active commercially zoned areas; 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,
construction sites, gasoline service station islands, shopping centers,
parking lots, campgrounds and trailer parks, and at special events
to which the public is invited, including sporting events, parades,
carnivals, circuses and festivals.
Any structure or building owned or operated by the federal,
county or state government or any governmental agency.
All putrescible solid wastes (except body wastes), including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, dismantled automobiles and parts thereof, scrap metal,
junk, machinery and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as papers, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery, building materials and similar materials.
The Township of Montville.
Every device in or upon a highway, including devices used
exclusively upon stationary rails or tracks.
A.
No person shall throw or deposit litter in or upon
any street, sidewalk or other public place within the Township except
in public receptacles or in authorized private receptacles for collection
or in official Township dumps; provided, however, that said public
receptacles shall not be used by persons owning or occupying property
in the vicinity of said public receptacles for the deposit of domestic,
commercial and industrial litter arising from the conduct of said
activities.
B.
The proprietors of public places or the sponsors of
public events shall be responsible for providing and serving the receptacles
such that adequate containerization is available. At a minimum, for
sidewalks used by pedestrians in commercially zoned areas, there shall
be no single linear one-fourth mile without a receptacle.
[Amended 3-10-2015 by Ord. No. 2015-06]
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 streets, sidewalk or other public place. No person shall burn
in the open any rubbish or garbage or refuse, including leaves, wood
and building debris, except by permit issued by the NJ Department
of Environmental Protection. This shall not be construed to prohibit
outdoor cooking, fire pits not exceeding three feet in diameter, and
the use of normal fuel therefor.
No person shall sweep into or deposit in any
gutter, street 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. Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the Township any litter from such place of business.
Persons owning or occupying places of business within the Township
shall keep the sidewalk and gutter 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 Township.
No person shall drive or move any truck or other
vehicle within the Township unless such vehicle is so constructed
or loaded as to prevent any load or contents of litter from being
blown or deposited upon any street, alley or other public place; nor
shall any person drive or move any vehicle or truck within the Township,
the wheels or tires of which carry onto or deposit in any street,
alley or other public place any mud, dirt, sticky substances or foreign
matter of any kind.
No person shall throw or deposit litter in any
park within the Township except in public receptacles and in such
a manner that the litter will be prevented from being carried or deposited
by the elements upon any part of the park or upon any street or other
public place. Where public receptacles are not provided, all such
litter shall be carried away from the park by the person responsible
for its presence and properly disposed of elsewhere.
No person shall throw or deposit litter in any
fountain, pond, lake, stream, bay or any other body of water in a
park or elsewhere within the Township.
A.
No person shall throw or deposit any commercial or
noncommercial handbill in or upon any sidewalk, street or other public
place within the Township, nor shall any person hand out or distribute
or sell any commercial handbill in or upon any sidewalk, street or
other public place within the Township; provided, however, that it
shall not be unlawful on any sidewalk, street or other public place
within the Township for any person to hand out or distribute, without
charge to the receiver thereof, any noncommercial handbill to any
person willing to accept it.
B.
No person shall throw or deposit any commercial or
noncommercial handbill 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 to any occupant of a vehicle who is willing
to accept it.
C.
No person shall throw or deposit any commercial or
noncommercial handbill in or upon any private premises which is temporarily
or continuously uninhabited or vacant.
D.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill 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 Peddlers or Agents," "No Advertisement" or any similar
notice indicating in any manner that the occupants of said premises
do not desire to be molested or have their right of privacy disturbed
or to have any such handbills left upon such premises.
E.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon private premises which is inhabited
except by handing or transmitting any such handbill directly to the
owner, occupant or other person then present in or upon such private
premises; provided, however, that in case of inhabited private premises
which are not posted as provided in this chapter, such person, unless
requested by anyone upon such premises not to do so, shall have the
authority to place or deposit any such handbill in or upon such inhabited
private premises if such handbill is so placed or deposited as to
secure or prevent such handbill from being blown or drifted about
such premises or sidewalks, streets or other public places, and except
that mailboxes may not be used when so prohibited by federal postal
law or regulations.
[Amended 2-14-2006 by Ord. No. 2006-06]
A.
It shall be unlawful for any person to deliver or
deposit or for any person, firm or corporation to cause the delivery
or deposit of any unsolicited newspapers, shoppers and other like
printed matter to or upon any private premises within the Township
of Montville except in accordance with the terms hereof. For the purposes
of this section, "unsolicited" shall mean the printed matter referred
to herein which has not been ordered, subscribed to or requested by
the recipient.
B.
Such printed matter shall be placed only within a
permanently installed appurtenance to the premises designed and designated
for the receipt of such printed matter or, if there is none, on the
ground or floor at a point beneath the place where such premises receives
its mail or within a three-foot radius of that point.
C.
Excepted from the provisions of Subsection B hereof shall be such printed matter which plainly bears within it the name and address of a person responsible for its circulation to whom may be addressed a written notice by any recipient indicating the recipient's desire to cease future delivery of the particular item of printed matter.
D.
There shall be no intentional delivery whatsoever of any such unsolicited printed matter to premises after the owner or tenant of such premises has notified the publisher or the delivery person or, in the case of printed matter referred to in Subsection C hereof, after the owner or tenant of the premises has notified that person indicated in the printed matter to be the person having authority to cease further delivery of the same, by certified mail, return receipt requested, at the address so indicated, that such delivery shall cease or be suspended for a stated period of time. For the purposes of condominiums or other common properties, notification must come from the individual unit owner or tenant.[1]
[1]
Editor's Note: Original Sec. 8.32.110E, which contained a penalty for violation of this section (§ 241-11, Unsolicited newspapers and similar printed matter), which previously followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now § 241-16, Violations and penalties.
No person shall post or affix any notice, poster
or other paper or device, calculated to attract the attention of the
public, to any lamppost, public utility pole or shade tree or upon
any public structure or building, except as may be authorized by the
owners thereof or required by law.
No person shall throw, deposit or store litter
on any occupied private premises within the Township, whether owned
by such person or not, except that the owner or person in control
of private premises may maintain authorized private receptacles for
collection and removal of same in such manner that same shall not
be unsightly and detrimental to the surrounding neighborhood.
The owner or person in control of any private
premises 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 premises within the Township, whether owned
by such person or not.
