[HISTORY: Adopted by the Township Committee of the Township
of Ocean as indicated in article histories. Amendments noted where
applicable.]
[Derived from § 5-1 of the 1972 Ocean Codified
Ordinances]
As used in this article, the following terms are defined:
Putrescible animal and vegetable waste 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 or deposited as prohibited, tends
to create a danger to public health, safety and welfare.
All streets, sidewalks, boulevards, alleys, beaches or other
public ways, and all public parks, squares, spaces, docks, grounds
and buildings.
All putrescible and nonputrescible solid waste (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, and solid market and industrial waste.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Every device in, upon or by which any person or property
is or may be transported or drawn upon highway, including devices
used exclusively on stationary rails or tracks.
[Amended by Ord. No. 1996-8]
A.
General prohibitions. No person shall sweep, throw, deposit or dump
litter in or on any property whether occupied, open or vacant and
whether owned by that person, or in public place or pond, lake or
stream or other body of water within the Township, except in public
receptacles or in authorized private receptacles for collection.
B.
No person shall sweep, throw, deposit or dump any litter, garbage,
refuse, trash or rubbish upon any street end or paper street which
is owned by the Township, or property which is owned by the County
of Ocean or State of New Jersey. In addition, no person shall leave,
park, place or deposit upon any street end or paper street owned by
the Township, the County of Ocean or the State of New Jersey any personal
property of any kind whatsoever, including but not limited to construction
equipment or any other type of personalty.
C.
Any person violating the provisions of this section shall be subject
to fine of minimum of $100 and a maximum of $1,000 for each and every
such offense. In addition, any offense with respect to the storing,
leaving, parking, placing or depositing of personal property upon
such street ends or paper streets shall be deemed a separate and distinct
offense for each and every day such offense occurs and is not abated
by said person.
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in a manner which prevents the litter
from being carried or deposited by the elements upon a public place
or upon private property.
No person, including merchants owning or occupying a place of
business, shall sweep into or deposit in gutter, road, right-of-way
or other public place within the Township the accumulation of litter
from a building or lot or from a 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 while a driver or passenger in a vehicle shall throw
or deposit litter in or upon any public or private property.
No person shall bring, cart, remove, transport or collect any
litter from outside the Township and bring it into the Township for
the purpose of dumping or disposing thereof. No truck or other vehicle
containing litter which has been transported into the Township shall
be parked or allowed to remain standing on any street in the Township
or on any public property for period in excess of two hours.
[Amended by Ord. No. 2002-28]
Advertisements, handbills, circulars and papers may be distributed
in the Township only if they are so securely placed at each dwelling
that they will not be blown away by the wind; otherwise, no person
shall place any advertisement, handbill, circular or paper on or in
any public street, sidewalk, building or vehicle within the Township.
A.
Throwing or distributing commercial handbills in public places. No
person shall throw or deposit any commercial or noncommercial handbill
in or upon any sidewalk, street or other pubic place within the Township;
nor shall any person hand out, distribute or sell any commercial handbill
in any public place; provided, 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,
any commercial or noncommercial handbill to any person willing to
accept it.
B.
Placing commercial and noncommercial handbills on vehicles. No person
shall throw or deposit any commercial or noncommercial handbill in
or upon any vehicle; provided, 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.
Depositing commercial and noncommercial handbills on uninhabited
or vacant premises. No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
D.
Prohibiting distribution of handbills where property posted. 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 the premises in a conspicuous
position near the entrance sign bearing the words "No Trespassing,"
"No Peddlers or Agents," "No Advertisement," or any similar notice
indicating in any manner that the occupants of the premises do not
desire to be molested or have their right of privacy disturbed, or
to have any handbills left upon the premises.
E.
Distributing commercial and noncommercial handbills at inhabited private premises. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting the handbill directly to the owner, occupant or other person than present; provided, that in the case of inhabited private premises which are not posted, as provided in Subsection D of this section, the person, unless requested by anyone upon the premises not to do so, shall have the authority to place or deposit the handbill in or upon the inhabited private premises, if the handbill is so placed or deposited as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public places. Mailboxes may not be used when prohibited by federal postal law or regulations.
F.
Exemptions for mail and newspapers. The provisions of this section
shall not apply to the distribution of mail by the United States nor
to newspapers.
[Adopted by Ord. No. 2005-5]
The purpose of this article is to establish requirements to
control littering in the Township of Ocean, so as to protect public
health, safety and welfare and to prescribe penalties for the failure
to comply.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated in this
section, unless their use in the text of this article clearly demonstrates
a different meaning. 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.
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 or 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.
A.
It is unlawful for any person to throw, drop, discard or otherwise
place any litter or any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
B.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this article, the operator or owner,
or both, or the motor vehicle or boat shall also be deemed to have
violated this article.
This article shall be enforced by the Police Department and/or
Code Enforcement Officer of the Township of Ocean.
Any person(s) who is found to be in violation of the provisions
of this article shall be subject to a fine not to exceed $1,250.
