[HISTORY: Adopted by the Mayor and Council of the Borough of Buena 6-6-1988 by Ord. No. 348. Amendments noted where applicable.]
Littering is hereby prohibited within the jurisdictional limits of the Borough of Buena. For purposes of this chapter, "litter" shall be defined as set forth in N.J.S.A. 13:1E-94d, and shall include any improperly discarded substance or waste material on private property, public property or on any of the public streets or highways in the Borough of Buena.
Editor's Note: N.J.S.A. 13:1E-94d was repealed by L. 2002, c. 128, effective 12-20-2002. See now N.J.S.A. 13:1E-215.
For purposes of assisting all people to comply with this chapter in the Borough of Buena, trash receptacles shall be placed and serviced as hereinafter set forth:
Trash receptacles shall be placed along sidewalks used by pedestrians in active commercially zoned areas so that there shall be no less than one trash receptacle located every linear quarter-mile in such commercially zoned areas.
Trash receptacles shall be located outside of each public and quasi-public building in the Borough of Buena, including schools.
Trash receptacles shall be located in all parks in the Borough of Buena, with one receptacle located for each acre of park area available to the public.
Trash receptacles shall be located outside of each drive-in restaurant, at all street vendor locations, at each gasoline service station island, in parking areas or along the buildings of all shopping centers in the Borough of Buena and within all campgrounds constructed or maintained in the Borough.
Trash receptacles shall be placed and conveniently available at all special events to which the public is invited, including sports events, carnivals, circuses and festivals.
The proprietors of each of the places above-mentioned shall be responsible for providing and servicing trash receptacles at each of the above locations, including proper containerization so that trash or other debris placed in a receptacle is not strewn about by natural forces.
The discarding or dumping of any household or commercial solid waste in any place not specifically designated for the purpose of solid waste storage or disposal is hereby prohibited in the Borough of Buena.
In all residential zones in the Borough of Buena, the following restrictions shall go into effect upon adoption of this chapter.
All key household items, such as appliances, furniture or mattresses, shall not be stored in residential zones, except in a fully enclosed structure, other than on the day designated for the collection and disposal of such bulky items.
Tires shall not be stored in residentially zoned areas except in fully enclosed structures.
The parking of vehicles of any type or nature on residential lawns, except for the temporary placement of bicycles, is hereby prohibited.
The keeping, storing or parking of inoperable, unregistered or junk vehicles on streets, vacant lots and on residential lawns in the Borough of Buena is hereby prohibited.
The accumulation of debris on or around construction sites of any type, regardless of the nature of development taking place therein, or the storage of such debris in such a manner that it is likely to be removed by natural forces onto adjacent property is hereby prohibited.
Open, overflowing, commercial, industrial or residential waste disposal bins or containers is hereby prohibited.
Every owner, lessee, tenant, occupant or other person in charge of any building or structure in the Borough of Buena, in order to avoid litter and in order to assure the maintenance of said property in an aesthetically pleasing manner, shall comply with the provisions of this section:
Such person or persons shall cause the sidewalks and curbs abutting said building or structure to remain free from obstruction or from any condition which may constitute a nuisance.
Such person or persons shall keep sidewalks on or adjacent to said property, areaways, backyards, courts and alleys free from litter and other offensive material.
Such person or persons shall remove all litter and other offensive material between the curb abutting the building or premises and the roadway, extending 18 inches from the curb into the street on which the building or premises fronts.
Within 30 minutes of opening for business on each day on which a commercial property is open for business, the owner, operator, occupant, tenant or lessee of said property shall sweep the sidewalks on and along said property to an area 18 inches from the curb into the roadway, provided that in the event any such business property fronts on a state highway, the person charged with the ownership, operation or maintenance of said property shall sweep the sidewalks to the curbline only.
All persons in the Borough of Buena are hereby prohibited from sweeping into or depositing in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk, driveway or property. All such sweepings shall be collected and placed in a trash container with a proper cover or lid which is maintained for such purpose.
The owner or operator of any vehicle which carries a load of any material, substance or item shall cover such load and maintain the vehicle in such a manner so that the material, substance or item located therein does not drop, sift, leak or otherwise escape from the vehicle while it is traveling upon the streets or public highways in the Borough of Buena.
Any person who violates any provision of this chapter shall, upon conviction, pay a fine of not less than $100 nor more than $1,000 or may be imprisoned for a term not exceeding 90 days, or both. Each day shall be considered as a separate and distinct offense for any violation of this chapter which is of a continuing nature, and the violator shall be subject to an additional penalty for each day of violation.
Editor's Note: Ordinance No. 548, adopted 4-9-2007, provided as follows: "All penalty provisions of existing ordinances of the Borough of Buena are hereby repealed and superseded by these provisions, except that any provisions of any existing ordinance that imposes a mandatory minimum fine or other mandatory minimum penalty shall remain in full force and effect." See now Chapter 1, General Provisions, Article III, Enforcement.