[HISTORY: Adopted by the Township Committee of the Township of Upper Deerfield 8-25-1988 by Ord. No. 311 (Ch. 56 of the 1977 Township Code). Amendments noted where applicable.]
When not inconsistent with the context of this chapter, 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 include the plural number. The word "shall" is always mandatory and not merely directory.
As used in this chapter, the following terms shall have the meanings indicated:
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- 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, special materials, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material and tires but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any vacant lot or tract of land or spaces not in the public domain but privately owned by one or more persons and any fountain, pool, lake, stream or body of water located within any tract or parcel of land privately owned or any dwelling house, building or other structure designed or used either wholly or in part for private residential purposes, whether uninhabited or temporarily or continuously inhabited or vacant, and shall include, but not be limited to, any yard, ground, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling house, building or other structure.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, buildings or conservation areas.
- All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned or junk automobiles, and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.
- SPECIAL MATERIALS
- Bulky materials or other solid wastes, such as broken concrete, sod, dirt and building materials, that can be collected by a collection vehicle.
- Ashes, glass, cans, bottles and all other discarded articles, commonly known as "debris" or "refuse," which can be enclosed in containers of 55 gallons in capacity.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
No person shall throw or deposit litter in or upon any street, sidewalk or other public places within this municipality except in public receptacles or in authorized private receptacles for collection.
[Added 11-22-1988 by Ord. No. 321]
Litter receptacles and their servicing shall be required at the following public places within the Township: sidewalks used by pedestrians in active commercially-zoned areas, such that at a minimum there shall be no single linear 1/4 mile without a receptacle; buildings held out for use by the public, including schools, government buildings and railroad and bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands, shopping centers; parking lots; campgrounds and trailer parks; marinas, boat moorage and fueling stations; boat-launching areas, public and private piers operated for public use; beaches and bathing areas; 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 and servicing the receptacles such that adequate containerization is available.
It shall be unlawful for any person to deposit, discard or dump along any street or road, on or off any right-of-way, or on any public or private property any garbage, litter, rubbish, refuse, trash, junk, vehicle or vehicle parts, tires, appliances or furniture.
No person shall throw or deposit litter on any open, occupied or vacant private property within the Township, whether owned by such person or not. The owner or person in control of any private property shall at all times maintain the premises free of litter and maintain 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.
No person shall sweep into or deposit in any gutter, street or other public place within this municipality the accumulation of litter or other waste materials from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks 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 this municipality the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within their municipality shall keep the sidewalk in front of their business premises free of litter.
It shall be unlawful for any person to dump litter, waste materials or rubbish upon any public property of the Township or to trespass upon the property of another and deposit rubbish thereon. No person, while a driver or passenger in a vehicle, shall throw or deposit litter on any public place within the Township or on private property except in officially designated facilities for deposit of waste materials.
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 or other public place or upon private property.
It shall be unlawful for any residential property owner to store or permit storage of any household waste, including household appliances, furniture and mattresses or other similar bulky waste or materials, in areas zoned residential, except in a fully enclosed structure or outside during days designated for the collection of any such items.
It shall be unlawful for any residential property owner to store or permit the storage of tires, except in a fully enclosed structure or outside on days designated for the collection of tires.
It shall be unlawful for any residential property owner to park or permit the parking of any unregistered vehicle on his or her residential lawn.
It shall be unlawful for any person to keep or permit the keeping, except in a fully enclosed structure, any motor vehicle, trailer or semitrailer which:
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any trash, stone, glass or objects have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all glass, waste or objects and shall pay the costs therefor.
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 all debris or trash, including debris or trash subject to movement by the elements, in areas convenient to construction areas, and to maintain and empty said containers or receptacles in such a manner and with such a frequency as to prevent spillage of refuse or other waste material.
[Added 12-4-2008 by Ord. No. 620]
Any conditions set forth in § 255-10 (storage of household waste), § 255-11 (storage of tires), § 255-12 (storage of unregistered vehicles), § 255-13 (inoperable vehicles), § 255-14 (uncovered vehicles), and § 255-15 (construction or demolition sites) shall, prior to the issuance of any notice of violation, require that a notice to the owner and/or other persons responsible for such property be provided a notice to abate such condition or conditions. The notice shall:
Be in writing;
Include a description of the real estate or property sufficient for identification;
Include a statement of the violation or violations and why the notice is being issued;
Include an order to abate or correct the condition within 10 days of the date of the notice to bring the property into compliance with the provisions of this chapter; and
The notice shall be either delivered personally, posted on the property, or sent by regular mail and certified mail addressed to the last known address. In the event that the notice is returned undeliverable, then notice shall be posted by posting in a conspicuous place in or about the structure or property affected by such notice.
It shall be unlawful for any property owner to permit open or overflowing waste disposal bins on his on her property.
The owner, agent, lessee, tenant, occupant or other person who manages or controls a building or lot shall be jointly or severally responsible for keeping the sidewalks, flagging, curbstone, air shafts, all areaways, backyards, courts, parking lots, open spaces, buffer areas, recreational areas and alleys free from litter.
No trash, brush or garbage shall be transported on any public street in the Township unless it is carried in a covered, leakproof vehicle. No collector or person shall collect, deposit or transport any type of refuse within the Township except in closed truck bodies or truck bodies covered with a tarpaulin which is properly anchored to prevent spillage. All vehicles, as used, shall at all times be subject to inspection and approval by any authorized official of the Township, County of Cumberland or State of New Jersey and shall be kept and maintained in a clean and sanitary condition and in good working order. These vehicles shall be loaded in such fashion that no part of the contents shall fall, leak or spill therefrom. Each such vehicle shall be adequately and tightly covered.
All refuse or other materials collected, deposited or transported within the Township which shall spill or fall while being carried or conveyed to a truck or other collection vehicle or container or while being loaded in or transported by any such truck, vehicle or other container shall be immediately removed and broom-cleaned by the conveyer or transporter so as to leave the premises or street in a clean condition.
No person shall bring, cart, remove, transport or collect any solid waste, whether garbage, paper, ashes, rubbish, waste materials, construction debris, bulk item, hazardous waste or trade waste, from outside this municipality or into this municipality for the purpose of dumping or disposing thereof except as provided in this chapter.
No person shall bring, cart, remove, transport or collect any waste materials, construction debris, hazardous waste or bulk items from a nonresidential user and place the same for collection with the solid waste of a residential user; and, in these locations where residential and nonresidential users are located on the same premises, the solid waste shall be disposed of separately and in accordance with this chapter.
No person shall cast or place or cause to be cast or placed any advertisement, handbill, circular or paper on any public street, on sidewalks, into any vestibules or yards, on porches of any dwelling house or other buildings or into any vehicle while on the public highways or on private property within the Township, except that this section shall not apply to newspapers and addressed envelopes delivered to subscribers and addressees. Advertisements, handbills, circulars and papers may be distributed, provided that they are securely placed at each dwelling or structure or handed individually to a person.
Any person, firm, corporation or other entity convicted of a violation of this chapter, or any section thereof, shall be punished for each offense by a fine of not less than $250 nor more than $1,000 or by imprisonment for any term not to exceed 90 days, or both, in the discretion of the sentencing court. In addition, any person, firm, corporation or other entity convicted of a violation of this chapter shall pay all expenses incurred for the removal of said litter. The amount of said expenses may be recovered in a court of competent jurisdiction.
Any person supplying information to this municipality which leads to the conviction of any person for the violation of this chapter or any section thereof shall be entitled to an award in the amount of $50 to be paid by the Treasurer upon receipt of voucher accompanied by sufficient documentation to substantiate the applicant's entitlement to the reward.