[HISTORY: Articles I and II adopted by the Board of Health
of the Township of Fredon as indicated in article histories. Subsequent
articles adopted by the Township Committee of the Township of Fredon
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 510.
[Adopted by Ord. No. BH:1-75 (Ch. BH:VI of the 1972 Revised General Ordinances)]
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meaning given herein.
Any automobile which is in such condition that it cannot
operate under its own power. Any automobile in such condition, which
is permitted to remain on any property for more than 48 hours, and
for which the owner has taken no steps to effect the repair or removal
thereof, shall prima facie be deemed to be abandoned.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking or consumption of food.
"Garbage," "refuse," and "rubbish" as defined herein and
all other junk or waste material including abandoned automobiles,
which, if thrown, deposited, or stored, as herein prohibited, tends
to create a danger to public health, safety and welfare.
Any dwelling house, building or other structure designed
or used, whether 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 appurtenant to such dwelling house, building or
other structure.
Any street, sidewalks, alleys or other public ways and any
and all public parks, squares, spaces, grounds and buildings.
Any structure or building owned or operated by the federal,
county, 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 but not limited to paper, wrappings,
cigarettes, cardboard, tin cans, bedding, crockery, building materials
and other similar materials. Such definition shall not include such
hay, grass, straw, weeds, vegetable wastes, ashes, or animal manures,
which are used by the individual homeowner as compost materials provided
such composting does not create a danger to public health, safety
and welfare.
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 sanitary landfills.
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.
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 while a driver or passenger in a vehicle shall throw
or deposit litter upon any street or other public place within the
Township.
A.Â
Prohibited. No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street, road or other public place
within the Township, nor shall any person hand out or distribute or
sell any commercial handbills in any public place.
B.Â
Exception. It shall not be unlawful on any sidewalk, street, road
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 receive it.
No person shall drive or move any truck or other vehicle within
the Township unless such vehicle is 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.
No person shall throw, deposit or store litter on any private
property within the Township whether owned by such person or not,
except that the owner or person in control of private property may
maintain authorized private receptacles for collection and removal
of the litter in such manner that it shall not be unsightly and detrimental
to the surrounding neighborhood.
The owner or person in control of any private property shall
at all times maintain the premises free of litter, provided that this
section shall not prohibit the storage of litter in authorized private
receptacles for collection.
[Amended by Ord. No. 99-06]
Any person violating or failing to comply with any of the provisions of this article shall be liable for penalties in accord with the schedule shown in § 1-3, and each and every day that the violation or lack of compliance continues shall constitute a separate and subsequent offense.
[Added by Ord. No. BH:1-82]
This article shall be administered and enforced by the Code
Enforcement Officer.
[Adopted by Ord. No. 1-92 (Sec. 3-10 of the 1972 Revised General Ordinances)]
It is hereby declared and found that:
A.Â
Litter, bulk waste and liquid waste carelessly discarded or disposed
of is the cause of civic disgrace.
B.Â
Carelessly discarded or disposed of litter, bulky waste and liquid
waste is a health, fire and safety hazard and is a pollutant to our
environment.
C.Â
In order to upgrade the quality of life in current and future generations
within the Township, an all-out litter control and illegal dumping
campaign can result in substantial savings to taxpayers of the Township.
D.Â
Litter and illegal dumping is a matter affecting the public interest
and consequently should be subject to supervision and administrative
control for the purpose of safeguarding the public health, safety
and general welfare of the residents of the Township.
For the purpose of this article, the following words, phrases
and terms, and their derivations, shall have the meaning as defined
herein. When not inconsistent with the context, words used in the
present tense include the future tense; 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 nonputrescible waste from a household or commercial establishment,
including, but not limited to, furniture, junk, appliances, bedding,
drums, containers, pallets, lawn mowers, bikes, tires, rugs, equipment,
vehicle parts, junk vehicles, canisters, grills, construction materials
and metals.
Any area created into which surface water collects or drains.
This shall include drainage swales and sewer drains.
Any device, from a plastic bag to a tractor trailer, that
waste materials are placed in or loaded into or onto, including, but
not limited to, any size paper bag, plastic bag, garbage can, trailer,
litter baskets, recycling bin, rolloff, boxcar, compactor, flat bed,
dumpster or hopper.
Any roadside, whether it is curbed or uncurbed.
Waste which is in a liquid form, whether a toxic, hazardous
or not, from residential, commercial, institutional or industrial
locations. Liquid waste includes, but is not limited to:
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Used motor oil
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Antifreeze
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Brake fluid
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Transmission fluid
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Paints
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Solvents and thinners
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Sludge
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Septic sewage and leachate
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Washdown waters
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Gasoline
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Roofing tar and driveway sealant
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Pesticides, herbicides and insecticides
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Any used or consumed substance or waste material which has
been discarded, whether made of aluminum, glass, plastic, rubber,
paper, metal or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar, can or any
top, lid, cap or detachable tab, any lighted or unlighted cigarette,
cigar, match or any bagged or unbagged garbage, refuse, debris, rubbish,
newspaper, magazines, handbills, advertisements, metal, plastic or
paper containers or any packaging or construction material, but does
not include the waste from primary processes of mining or other extraction
processes, logging, sawmilling, composting, farming or manufacturing.
Any house, dwelling, building or other structure designed
or used, either wholly or in part, for private residential or business
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant, and shall include any yard, grounds, walk, driveway, porch,
steps, vestibule, lobby, parking area and mailbox belonging or appurtenant
to each dwelling, house, building or other structure.
Any building, street, walkway, grounds, park, playground,
recreation center, squares, sidewalks, alleys, rail bed or other public
right-of-way or public area owned by the Township or other public
entity.
Any service company regulated by the Board of Public Utilities,
including telephone companies, electric companies, solid waste collection
companies, gas companies and water companies. This shall also include
nonregulated private or municipal utility companies providing these
services.
Any body of water which is upon or runs through lands within
the Township. This shall include, but not be limited to, lakes, streams,
rivers, ponds, fountains and reservoirs.
Materials which can be processed and used as feedstock in
the manufacturing of new products of the same materials in total or
as an additive to create new products or uses.
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NOTE: Materials designated as recyclable in Sussex
County are as follows:
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Corrugated cardboard
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Plastic (PET and HDPE) containers
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Aluminum beverage cans
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Tin and bimetal food and beverage cans
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Newsprint
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Glass
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High-grade paper (stationery and computer)
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Magazines
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Any automobile, truck, tractor, bus, cab, motorcycle, boat
or train used to transport people, materials or containers, as well
as pull trailers along roadways, tracks or upon water.
A.Â
No person shall discard, place, blow, throw, dump, rake or sweep
litter in, on or upon any roadway, right-of-way, parking lot, park
playground, recreational center, rail bed, public buildings, sidewalk,
public waters, gutter, catch basin or any other public area owned
by the Township or other public entity. This includes, but is not
limited, to the following:
(1)Â
No person shall place, or cause to be placed, any handbill or other
printed matter, advertisements, newspaper, etc. in such a manner as
to become litter.
(2)Â
No driver or rider in any vehicle, moving or standing, shall discard
waste from within the vehicle in such a manner as to become litter.
(3)Â
No person operating a vehicle shall allow any of its freight to remain
uncovered, while moving or standing, as to allow any of the contents
to escape and/or become litter.
(4)Â
No person shall place or load any waste or materials into any container
in such a manner which shall cause overflowing, resulting in litter.
(5)Â
No person shall sweep litter, either manually or by mechanical means,
from any sidewalk, driveway parking area, store front, etc. into a
gutter or catch basin.
(6)Â
No person shall place, or cause to be placed, any materials which
shall become litter in the waters within this Township.
(7)Â
No person shall place, or cause to be placed, any poster, handbill,
advertisement, sign, public notice, etc. in such a manner whereby,
due to natural elements, it may become litter.
(8)Â
No person operating a vehicle shall allow or cause to be carried
onto any roadway debris from its undercarriage or on its tires, including
excessive mud or sticky substances.
(9)Â
No person shall allow or cause litter to collect on any private or
public place whereby it can be carried off by natural elements onto
other public or private places or roadways. This shall include, but
not be limited to, porches, yards, store fronts, loading areas, construction
sites, parking lots, driveways, collection depots, dumpster areas
or windshields.
(10)Â
No person shall allow or cause any material to escape from the
site of any construction, landscaping, grading, land clearing, composting
or like operation.
(11)Â
No person shall rake, either by manual or mechanical means,
any yard waste into the gutter or catch basin areas.
(12)Â
No person, public utility or private company shall allow or
cause cut branches or wood chips to be placed in such a manner as
to slide, blow or otherwise be carried by natural elements onto the
roadway.
B.Â
All litter-type materials, as defined herein, shall be placed in
proper containers in such a manner that it cannot become litter. All
designated recyclable litter type materials shall be separated from
the nonrecyclable materials and placed in proper containers. Where
no containers are available, persons shall take their litter-type
materials, recyclable and nonrecyclable, with them for proper disposal.
A.Â
No person shall discard, place, blow, throw, dump, pour or release
any solid or liquid waste in, on or upon any roadway, right-of-way,
parking lot, park, playground, recreational center, railbed, public
building, sidewalk, waters, gutter, catch basin or any other public
area owned by the Township or other public entity. This includes,
but is not limited to, the following:
(1)Â
No person shall place, or cause to be placed, any household trash
in such a manner and location as to constitute illegal dumping, as
defined above.
(2)Â
No person shall place, or cause to be placed, any bulk waste in such
a manner and location as to constitute illegal dumping, as defined
above.
(3)Â
No vehicle transporting solid waste or bulk waste shall do so in
a manner in which materials being transported can escape from such
vehicle during transportation.
(4)Â
No person shall place, pour, release or dump any liquid waste at
any time in, on or upon any Township location, as defined above, with
the exception of approved agricultural practices.
(5)Â
No vehicle transporting liquid wastes or materials shall cause any
of the contents to leach, leak, flow or drip from the vehicle, or
any of its hoses or attachments, while standing or moving on roadways.
B.Â
This section is not intended to include house refuse, recycling materials
and bulk item material pickup by Township approved licensed haulers.
[Amended by Ord. No. 99-06]
A.Â
Any person violating or failing to comply with any provisions of this article shall be liable for penalties in accord with the schedule shown in § 1-3. The continuation of such violation shall constitute a separate offense, and persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B.Â
Violations under this article shall be prosecuted by the Sussex County
Health Department or local code enforcer, as the case may be, in the
Municipal Court.
