[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.]
A.
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.
B.
GARBAGE
LITTER
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
SPECIAL MATERIALS
TRASH
VEHICLE
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.
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.
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.
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:
A.
Be in writing;
B.
Include a description of the real estate or property sufficient for
identification;
C.
Include a statement of the violation or violations and why the notice
is being issued;
D.
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
E.
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.
A.
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.
A.
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.
B.
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.[1]
[1]
Editor’s Note: Former § 255-24, Reward for supply
of information, which immediately followed this section, was repealed
11-1-2018 by Ord. No. 783.
