[Adopted 1-27-1992 by Ord. No. 1-92 (Ch. 90A, Art. I, of
the 1972 Code)]
This article shall be known as the "Antidumping and Littering
Ordinance" and may be so cited.
As used in this article, the following terms shall have the
meanings indicated:
Putrescible animal and vegetable waste resulting from either
the handling, preparation, cooking or consumption of food.
Garbage, refuse and rubbish, as such are defined herein,
and all other waste materials which are thrown or deposited as herein
prohibited and tend to create a danger to the public health, safety
and welfare.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling, house, building or other structure designed
or used either wholly or in part for residential purposes, whether
inhabited or temporarily or continuously inhabited or vacant, and
shall include any yard, grounds, walk, driveway, porch, step, vestibule
or mailbox belonging to or appurtenant to such dwelling, house or
building or other structure.
Includes all streets, sidewalks, boulevards, alleys or other
public walkways and all public parks, squares, spaces, docks, grounds
and buildings.
Decomposing organic matter usually composed of rotten or
foul-smelling solid waste.
All putrescible and nonputrescible solid wastes, except body
wastes, including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and boats and solid market and industrial
waste, specifically including abandoned furniture, household equipment,
scrap building materials, scrap lawn and garden tools and machinery
and other such similar items.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrapping, cigarettes, cigars
and tobacco wastes, cardboard, tin cans, yard, garden or lawn clippings,
leaves, wood, glass, bedding, crockery and similar material.
Any garbage, refuse and other discarded materials from industrial,
commercial and agricultural operation and from domestic and community
activities, and includes all other waste material, including liquids.
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.
A.
Prohibition of dumping. No person shall, regardless of intent, engage or be permitted to engage in the disposal of any garbage, litter, refuse, rubbish or solid waste in any amount greater than 0.148 cubic yard of solids or 30 United States gallons of liquids, each of which is roughly equivalent to one thirty-gallon trash bag or garbage container, at any site within any private premises or public place in the Township of Jackson which has not received authorization from the Department of Environmental Protection and Energy and/or the Board of Public Utilities for the acceptance of such materials. Any person found to have engaged in the improper disposal of more than 0.148 cubic yard of solids or 30 United States gallons of liquids shall be subject to the penalties as provided in Subsection B of this section. In the event that the amount disposed of is less than the amount mentioned in this section, the provisions of this article which follow shall apply.
B.
Violations and penalties. Any person violating provisions of Subsection A of this section shall be subject to a fine of a minimum amount of $2,500 or a maximum of $10,000, or a term of imprisonment in the county jail not to exceed 90 days, or both, or community service as ordered by the court, which shall not reduce the fine imposed by more than 50%. Each and every violation of Subsection A of this section or each day that the provisions of Subsection A are violated shall be construed as a separate and distinct violation thereof.
[Amended 4-9-2001 by Ord. No. 11-01; 5-8-2018 by Ord. No. 10-18]
A.
Improper disposal of liquid waste. No person shall, regardless of
intent, be permitted to engage in the disposal of any liquid waste,
such as antifreeze, transmission fluid, vehicle battery acid or motor
oil, on any residential or public property by permitting said fluids
and/or substances to drain onto the ground or into a storm sewer.
B.
Violations and penalties. Any person found to have permitted such
drainage from any vehicle of any of the above-mentioned fluids shall
be subject to a fine of a minimum amount of $250 and a maximum amount
of $1,000 or community service as ordered by the Court, which shall
not reduce the fine imposed by more than 50%.
A.
Littering in public or private places prohibited. No person shall
sweep, throw, deposit or dump any garbage, litter, refuse, rubbish,
solid waste or other waste material on any street or sidewalk or any
public or private premises, whether vacant or not, except in public
or private receptacles for the collection of such materials. No person
shall use any private receptacle which is owned or rented by another
without the express permission of the person who owns or rents the
private receptacle.
B.
Violations and penalties. Any person violating provisions of Subsection A of this section shall be subject to a fine in a minimal amount of $100 and a maximum amount of $1,000 or imprisonment in the county jail for a term not exceeding 90 days, or both, or community service as ordered by the court, which shall not reduce the fine imposed by more than 50%. Each and every violation of Subsection A of this section or each day that the provisions of Subsection A are violated shall be construed as a separate and distinct violation thereof.
[Amended 8-9-1999 by Ord. No. 16-99]
Any person found to have accidentally caused the improper disposal
of any liquids or solids through any incidental spills, automobile
accidents or otherwise, provided that said spill does not concern
hazardous or toxic waste otherwise controlled by state statute, shall
have 48 hours from the time of such accident to take corrective action
to fully clean up the accidental spill. In the event that said person
fails to take the necessary corrective action to clean up the accidental
spill, the other provisions of this article shall take full force
and effect as if the spill were not of an accidental nature.
A.
Maintenance of property from litter. No person shall establish, maintain
or permit any other dump or area for the disposal of garbage, litter,
refuse, rubbish or solid waste or other waste material of any nature
or kind in any private premises or public place located with the Township
of Jackson. The owner or person in control of any private premises
shall at all times maintain the premises free of garbage, litter,
refuse, rubbish or solid waste or other waste material, with the exception
of storage of such materials in approved receptacles designated for
collection.
B.
Violations and penalties. Any person violating provisions of Subsection A of this section shall be subject to a fine in a minimum amount of $100 or imprisonment in the county jail for a term not to exceed 90 days, or both, or community service as ordered by the Court, which shall not reduce the fine imposed by more than 50%. Each and every violation of Subsection A of this section or each day that the provisions of Subsection A are violated shall be construed as a separate and distinct violation thereof.
All provisions contained within this article shall at all times
be subject to enforcement by the Police Department of the Township
of Jackson and by the Jackson Township Code Enforcement Officer or
his duly designated agent of the Township of Jackson.
A representative of either the Police Department or the Code
Enforcement Department of the Township of Jackson is authorized and
empowered to order the immediate removal and proper disposal of any
garbage, litter, refuse, rubbish or solid waste or any waste material.
In the event that such material is not immediately removed, either
department is authorized to notify the appropriate owner of any private
premises or vacant land, or the tenant or agent of such owner, or
the person or persons responsible for the disposal of any garbage,
litter, refuse, rubbish, solid waste or other waste material upon
any public property, to properly remove and dispose of such material
within seven days after the receipt of notice. Any written notice
shall be by registered or certified mail, return receipt requested,
addressed to the responsible person or his agent at his last known
address or serviced personally upon such responsible person. This
section shall apply to cleanup of the affected property only and shall
not preclude enforcement of any other section of this article.
Upon the failure, neglect or refusal of owner, tenant or agent
so notified to dispose properly of said garbage or litter within 10
days after the date of such notice or in the event that said notice
is returned to the Township by the Post Office Department because
of an inability to make delivery thereof, provided that the notice
was properly addressed to the last known address of the owner, tenant
or agent, the Code Enforcement Officer or his duly designated agent
is authorized and empowered to pay for disposing of such litter or
to order its disposal by the Township, after obtaining the appropriate
authorization from the Township Committee.
A.
When the Township has effected the removal of garbage or litter or has paid for its removal, the actual cost thereof shall be chargeable to the property owner responsible for the removal and disposal. When the full amount due the Township is not paid by the owner within 30 days after the disposal of such garbage or litter, as specified in §§ 216-57 and 216-58 of this article, then and in that case the Code Enforcement Officer shall certify the cost thereof to the Township Committee, which shall examine the certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall constitute a lien on the property and shall remain in full force and effect for the amount due in the principal and interest, plus costs of court, if any, for collection, until final payment has been made.
B.
Said costs and expenses shall be collected in the manner fixed by
law for the collection of taxes and shall be subject to a delinquent
penalty at the same rate as in the case of taxes in the event they
are not paid in full on or before the date the tax bill upon which
the charge appears becomes delinquent. The certification of the Code
Enforcement Officer in accordance with the provisions hereof shall
be prima facie evidence that all legal formalities have been complied
with and that the work has been done properly and satisfactorily and
shall be full notice to every person concerned that the amount of
the statement, plus interest, constitutes a charge against the property
designated or described in the statement and that the same is due
and collectible as provided by law. Any legal costs associated with
said collection shall also be borne by the responsible party or owner
and shall likewise be assessed as a lien.
The following chapters or parts thereof of the Township of Jackson
are hereby repealed:
This article does not concern the dumping or spillage of any
hazardous or toxic waste insofar as it is recognized that state and/or
federal law would be controlling in such instances and would preempt
any provision of this article. This article shall only apply to those
matters in which there is no complete preemption by either state or
federal law.
