[Ord. 368, 10/5/1970, § 1]
This Part 4 shall be known as the Township of Elizabeth Anti-Litter
Ordinance.
[Ord. 368, 10/5/1970, § 2]
For the purposes of this Part, the following terms, phrases,
words and their derivations shall have the meaning given herein. The
word "shall" is always mandatory and not merely directory.
A litter storage and collection receptacle as required and
authorized by any Township ordinance.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or any other printed
or otherwise reproduced original or copies of any matter of literature.
"Garbage," "refuse" and "rubbish" as defined herein and all
other waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
The official Township newspaper.
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 private residential purposes,
whether inhabited to temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, 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,
and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, solid market and industrial wastes,
supermarket shopping carts, toys and any mechanical industrial or
commercial appliances such as refrigerators, washers, dryers, hot
water tanks, furnaces, stoves, pipes, plumbing or parts thereof, and
similar materials.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Township of Elizabeth.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, including devices
and exclusively upon stationary rails or tracks.
[Ord. 368, 10/5/1970, § 3]
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Township except in public
receptacles, in authorized private receptacles for collection, or
in official Township dumps.
[Ord. 368, 10/5/1970, § 4]
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.
[Ord. 368, 10/5/1970, § 5]
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.
[Ord. 368, 10/5/1970, § 6]
No person owning or occupying a place of business 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 places of business within the Township shall keep the sidewalk
and/or parking area in front of their business premises free of litter.
[Ord. 368, 10/5/1970, § 7]
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, or upon private property.
[Ord. 368, 10/5/1970, § 8]
No person shall drive or move any truck or other vehicle within
the Township unless such vehicle is so constructed or loaded as to
prevent any load, contents or litter from being blown or deposited
upon any street, alley or other public place. Nor shall any person
drive or move any vehicle or truck within the Township, the wheels
or tires of which carry onto or deposit in any street, alley or other
public place, mud, dirt, sticky substances, litter or foreign matter
of any kind.
[Ord. 368, 10/5/1970, § 9]
No person shall throw or deposit any handbill upon any sidewalk
or street or other public place within the Township, nor upon any
private property, nor post the same on any public or private property;
provided, however, it shall not be unlawful for any person to hand
out or distribute without charge to the receiver, any handbill to
any person willing to accept it.
[Ord. 368, 10/5/1970, § 10]
No person shall post or affix any notice, poster or other paper
or device, calculated to attract the attention of the public, to any
lamp post, public utility pole or shade tree, or upon any public structure
or building, except as may be authorized or required by law.
[Ord. 368, 10/5/1970, § 11]
No person shall throw or deposit litter on any occupied 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 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.
[Ord. 368, 10/5/1970, § 12]
The owner or person in control of any private property shall
at all times maintain the premises free of litter. Provided, however,
that this section shall not prohibit the storage of litter in authorized
private receptacles for collection.
[Ord. 368, 10/5/1970, § 13]
No person shall throw or deposit litter on any open or vacant
private property within the Township whether owned by such person
or not.
[Ord. 368, 10/5/1970, § 14]
1.
Notice to Remove. The Ordinance Officer is hereby authorized and
empowered to notify the owner of any open or vacant private property
within the Township or the agent of such owner to properly dispose
of litter located on such owner's property which is dangerous to public
health, safety or welfare. Such notice shall be by Registered Mail,
addressed to said owner at his last known address.
2.
Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of written notice provided for in subsection 1 above, or within 10 days after the date of such notice in the event the same is returned to the Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, or agent, the Ordinance Officer, is hereby authorized and empowered to order its disposal by the Township.
3.
Charge. When the Township has effected the removal of the litter
and paid for the same, the amount due shall be billed to the property
owner, with interest at the rate of 6% from date of completion of
the work. Where the full amount due the Township including interest
and penalty of 5% has not been paid within 30 days, then the Township
Solicitor shall file the amount due the Township as a Municipal Claim
in the manner provided by law.
[Ordinance 368, 10/5/1970; as amended by Ord. 561, 6/1/1987;
and by Ord. 577, 8/1/1988, § 2F]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000; and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this Part continues
shall constitute a separate offense.
