Borough of Hawthorne, NJ Chapter 315 Littering

[HISTORY: Adopted by the Board of Commissioners (now Municipal Council) of the Borough of Hawthorne as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Bushes, hedges, trees and other plant life — See Ch. 153.

Property maintenance — See Ch. 370.

Recycling — See Ch. 376.

Solid waste — See Ch. 425.

Vegetative and other waste — See Ch. 499.

Article I Receptacles

[Adopted 7-19-1989 by Ord. No. 1494 (Ch. 134, Art. II, of the 1989 Code)]

§ 315-1 Findings and purpose.

[Amended 4-16-2008 by Ord. No. 1936-08]

The Municipal Council of the Borough of Hawthorne hereby finds that an uncluttered landscape is among the most priceless heritages which the citizens of the Borough can bequeath to prosperity; that it is the duty of local government to promote and encourage a clean and safe environment; that the proliferation and accumulation of carelessly discarded litter may pose a threat to the public health and safety; and that unseemly litter has an adverse economic effect on the Borough of Hawthorne and surrounding communities, making it less attractive to prospective commerce and industry as well as residents. The Municipal Council, therefore, determine that the requirement for placement of litter receptacles at appropriate locations throughout the Borough will promote the establishment of a cleaner community, prevent the creation, continuation, extension or aggravation of visual blight; and will prevent and eliminate physical conditions throughout the Borough which may constitute nuisances potentially dangerous or hazardous to the health or safety of persons in or near places where such conditions exist.

§ 315-2 Word usage.

Words and phrases used herein shall have the same meanings set forth in N.J.S.A. 13:1E-94,[1] unless otherwise specifically defined herein.

[1] Editor's Note: N.J.S.A. 13:1E-94 was repealed L. 2002, c. 128, § 12, eff. 12-20-2002. See now N.J.S.A. 13:1E-215 et seq.

§ 315-3 Regulations.

Litter receptacles at least 12 gallons, but not more than 40 gallons, in size shall be placed and serviced at the following public places within the Borough of Hawthorne:

A. Sidewalks used by pedestrians in active commercially zoned areas such that, at a minimum there shall be no single linear quarter mile without a receptacle.

B. Outside and near the entranceway of buildings held out for use by the public, including schools, government buildings, railroad and bus stations and public parks.

C. Drive-in restaurants and all street vendor locations and self-service refreshment areas.

D. Construction sites.

E. Gasoline service station islands, shopping centers and commercial parking lots for use of customers of any commercial use or office building.

F. At locations or sites used for special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals.

§ 315-4 Responsibility.

The proprietors of the places enumerated in § 315-3 above or the sponsors of such events (including Borough officials) shall be responsible for providing and servicing the receptacles required by this article.

§ 315-5 Violations and penalties.

[Amended 4-16-2008 by Ord. No. 1936-08]

Any person found guilty of a violation of any of the provisions of this article shall be subject to a fine not to exceed $2,000. Each violation of any of the provisions of this article and each day that each of such violations shall continue shall be deemed to be a separate and distinct offense.

Article II Littering in Public

[Adopted 10-19-2005 by Ord. No. 1864-05]

§ 315-6 Definitions.

For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein 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.

LITTER

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, saw milling, farming or manufacturing.

LITTER RECEPTACLE

A container suitable for the depositing of litter.

PERSON

Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

§ 315-7 Prohibited acts and regulated activities.

A. It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public 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, of the motor vehicle or boat shall also be deemed to have violated this article.

§ 315-8 Vehicles not to produce litter.

A. No person shall drive or move any truck or vehicle unless the vehicle is so constructed or loaded as to prevent litter from being blown or deposited upon any public or private property. No person shall drive or move any truck or vehicle if the wheels or tires carry onto or deposit on any street or public place mud, dirt or other foreign substance or material.

B. Every person shall maintain a proper cover over every truck containing any material which if released would constitute litter while such truck passes through any public street or place in the Borough. Any material discharged or otherwise falling from the truck shall be immediately picked up by the operator.

§ 315-9 Enforcement.

A. This article shall be enforced by the Hawthorne Police Department and/or other municipal officials of the Borough of Hawthorne.

B. In addition to any enforcement hereunder by way of penalty, any person notified of a violation under this section shall promptly remedy any condition noted in such notice of violation. Upon the failure, neglect or refuse of any property owner or person so notified to remedy the violation, the Borough of Hawthorne, through its Board of Health, may cause the removal and disposal of any litter so as to remedy the violation.

C. In the event the Borough, through its Board of Health, causes the removal of litter, the owner of property or responsible person shall reimburse the Borough for the actual cost of the removal. The failure to make payment within 30 days shall constitute a lien on the property. The amount of the lien shall be as set forth by the Board of Health Inspector, in a sworn statement to be recorded in the Office of the Borough Clerk. The lien shall run with such interest rate as may be applicable to unpaid taxes and shall only be released upon payment in full of all charges due.

§ 315-10 Violations and penalties.

[Amended 4-16-2008 by Ord. No. 1936-08]

Any person who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $2,000.