[HISTORY: Adopted by the Mayor and Council
of the Borough of Lavallette; amended in its entirety 8-22-2005 by Ord. No.
2005-16 (980). Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 55.
As used in this chapter, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, 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
number include the plural number. The word "shall" is always mandatory
and not merely directory.
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, grass clippings or other lawn or garden waste,
newspaper, magazines, glass, metal, plastic or paper containers or
other packaging or construction material, but does not include the
waste of the primary process of mineral or other extraction process,
logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A.
It shall be unlawful for any person to throw, drop,
discard or otherwise place litter of any nature upon any public or
private property other than in a litter receptacle or, having done
so, to allow such litter to remain.
B.
Whenever any litter is thrown or discarded or allowed
to fall from a vehicle or boat in violation of this chapter, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this chapter.
Litter receptacles and their servicing are required
at the following public places which exist in the municipality, including
sidewalks used by pedestrians in active retail commercially zoned
areas such that, at a minimum, there shall be no single linear quarter-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 and
boat moorage and fueling stations; boat launching areas; public and
private piers operated for public use; beaches and bathing areas;
and 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 discard
or dump along any street or road, on or off any right-of-way, any
household or commercial solid waste, rubbish, refuse, junk, vehicle
or vehicle parts, rubber tires, appliances, furniture or private property,
except by written consent of the owner of said property, in any place
not specifically designated for the purpose of solid waste storage
or disposal.
It shall be unlawful for any property owners
to store or permit storage of any bulky household waste, including
household appliances, furniture and mattresses, except in a fully
enclosed structure or on days designated for the collection of bulky
items.
It shall be unlawful for any property owner
to store or permit the storage of tires, except in a fully enclosed
structure or on days designated for the collection of tires.
[1]
Editor's Note: Former § 39-7, Inoperable vehicles,
was repealed 10-19-2009 by Ord. No. 2009-14 (1067); said ordinance
further provided that former § 39-7 shall be of no further
force and effect except as to any matters filed thereunder in any
court or administrative agency which may precede the effective date
hereof.
It shall be unlawful for any vehicle to be driven,
moved, stopped or parked on any highway unless such 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 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 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 flyable or nonflyable debris or trash at areas
convenient to construction areas and to maintain and empty the receptacles
in such a manner and with such a frequency as to prevent spillage
of refuse.
Any person undertaking a construction or building
project in the Borough of Lavallette shall, as a prerequisite to the
Construction Official's final inspection of a structure, supply the
Construction Official with verified written documentation that all
debris resulting from the project has been properly disposed of in
accordance with applicable county and state statutes, rules and regulations.
The document shall identify the location and method of disposal of
the construction debris.
It shall be unlawful for any residential or
commercial property owner to permit open or overflowing waste disposal
bins on his or her property.
It shall be the duty of the owner, lessee, tenant,
occupant or person in charge of any structure to keep, and cause to
be kept, the sidewalk and curb abutting the building or structure
free from obstruction or nuisances of every kind and to keep sidewalks,
areaways, backyards, courts and alleys free from litter and other
offensive material. No person shall sweep into or deposit in any gutter,
street, catch basin or other public place any accumulation of litter
from any public or private sidewalk or driveway. Every person who
owns or occupies property shall keep the sidewalk in front of his
or her premises free of litter. All sweepings shall be collected and
properly containerized for disposal.
[Added 9-4-2018 by Ord.
No. 2018-06 (1189)]
A.
Purpose. It is hereby found and declared that it will be the public
policy of the Borough of Lavallette to take action when feasible to
reduce the effects of certain products utilized, placed, or released
within the environment in order to protect the health and safety of
the general public.
B.
Release of balloons. Purpose and intent. This section is adopted
in order to protect the environment, particularly the wildlife, and
the health, safety and well-being of persons and property by prohibiting
the release of helium or other lighter-than-air balloons into the
atmosphere, including but not limited to those balloons made from
latex and/or mylar, since the release of balloons inflated with lighter-than-air
gases pose a danger and nuisance to the environment, particularly
to wildlife and marine animals, so as to constitute a public nuisance
and pose a threat to the safety of its inhabitants and their property.
C.
Prohibited releases.
(1)
It shall be unlawful for any person, firm or corporation to intentionally
release, organize the release or intentionally cause to be released
balloons inflated with a gas that is lighter than air into the air
within the Borough limits, except for:
D.
Violations and penalties. Any person found to be in violation of § 39-13 may be issued a summons for a civil penalty punishable by a fine not to exceed the sum of $500. In the alternative or in addition to the issuance of a civil penalty, any person found to have violated § 39-13 may be issued a summons punishable in accordance with the provisions of § 39-15 of this chapter.
[Amended 9-4-2018 by Ord.
No. 2018-06 (1189)]
This chapter shall be enforced by the Lavallette Police Department
or the Code Enforcement Officer.
[Amended 9-4-2018 by Ord.
No. 2018-06 (1189)]
A.
Any person violating or failing to comply with any other provision
of this chapter shall, upon conviction thereof, be punished by a fine
of no less than $100 and no more than $1,000, by imprisonment not
to exceed 90 days or by community service of not more than 90 days,
or any combination of fine, imprisonment and community service, as
determined in the discretion of the Municipal Court Judge. The fixed
number of hours of community service shall be determined in the discretion
of the Municipal Court Judge but shall be set at a minimum of 20 hours
and a maximum of 40 hours. The continuation of such violation for
each successive day shall constitute a separate offense, and the person
or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
B.
The violation of any provision of this chapter shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
