[1]
State law reference: As to prevention of throwing or depositing
materials on streets, see N.J.S.A. 40:67-1. As to City power to regulate
and prohibit, see N.J.S.A. 40:48-2.
[R.O. 1957, 10:11-1, adopted Oct. 2, 1967; amended by MC
1973-38, § 1, December 10, 1973; MC TY 1991-10, § 1,
adopted June 17, 1991]
As used herein:
(a)
Garbage means putrescible animal and vegetation waste resulting from
the handling, preparation, cooking, and consumption of food.
(b)
Litter means garbage, refuse and rubbish, any used or unconsumed
substance and all other waste material which if discarded, thrown
or deposited: whether made of metal, glass, plastic, rubber, paper,
or other natural or synthetic material, or in any combination thereof;
including but not limited to any bottle, jar or can; any top, cap
or detachable tab of any bottle, jar or can; any glowing, flaming
or unlighted cigar, cigarette or match; any material, trash, debris,
grass clippings or other lawn or garden waste; any handbill, newspaper
or magazine; any glass, metal, plastic or paper containers or other
packaging material; demolition or construction material, tends to
create blight or a danger to public health, safety and welfare.
(c)
Refuse means all putrescible and nonputrescible solid wastes (except
body waste), including garbage, rubbish, ashes, street cleanings,
dead animals, animal feces or excremental matter, abandoned automobiles
or any parts thereof and any market and industrial wastes.
(d)
Rubbish means nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, but not limited to stones, glass, sticks,
paper, rags, straw, wood, rocks, dirt, dust, sidewalk sweepings, turf,
sand, debris, junk, automobile bodies, framework, chassis, abandoned
automobiles, or any combination of the same, ashes, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, bedding, crockery and
similar materials.
(e)
Handbill is any sample, device, circular, leaflet, pamphlet, newspaper,
magazine, paper, booklet, or other printed or otherwise reproduced
original or copy of any printed, illustrated, written or pictorial
matter.
(f)
Park is a reservation, playground, recreation center or any other
public area in the City, owned or used by the City, County, Board
of Education, or other public body and devoted to active or passive
recreational purposes.
(g)
Litter receptacle means a container or suitable for the depositing
and securing of litter consistent with the provisions of this article.
(h)
Debris are items including but not limited to lawn and garden material,
grass or hedge clippings, leaves, small bushes, Christmas trees, household
demolition material such as wallboard, plaster, wood, concrete and
dirt.
(i)
Person means any individual, trust, firm, joint stock company, corporation,
corporate official, partnership or association.
(j)
Disposal means the storage, treatment, utilization, processing, or
final disposition of solid waste, specifically, including the discharge,
deposit, injection, dumping, spilling, leaking, or placing of any
solid waste or hazardous waste into the air or discharge into any
waters, including groundwaters.
[R.O. 1957, 10:11-2, Adopted Oct. 2, 1967; MC TY 1991-10,
§ 1, Adopted June 17, 1991]
(a)
No person shall throw, place, deposit or cause to be thrown, placed
or deposited, litter or any dangerous or offensive substances in or
upon any public or private property or place except in a public receptacle
or in an authorized private receptacle for private collection.
(b)
A public receptacle shall not be used for the deposit of garbage.
[1]
State law reference: As to throwing, placing or depositing
sharp, injurious or cutting substances on public highways, see N.J.S.A.
39:4-63.
[R.O. 1957, 10:11-2, adopted Oct. 2, 1967; MC TY 1991-10,
§ 1, adopted June 17, 1991]
No person shall throw or cause to be thrown litter or any dangerous
or offensive substance at a car, vehicle, house, building or fence.
[R.O. 1957, 10:11-3, adopted Oct. 2, 1967; MC TY 1991-10,
§ 1, adopted June 17, 1991]
A person placing litter in public receptacles or in private
receptacles shall do so in a manner so as to prevent it from being
blown, carried or deposited by the elements upon public places or
private property.
[R.O. 1957, 10:11-4, adopted Oct. 2, 1967; amended by MC
1973-38, § 1, Dec. 10, 1973; MC TY 1991-10, § 1,
adopted June 17, 1991]
(a)
No person shall sweep, throw or deposit in any gutter, catch basin,
street or other public place the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons
owning, leasing, renting or occupying residential or commercial property
shall keep the sidewalk and curb abutting the building or structures
free from obstructions and nuisances of every kind and keep areaways,
backyards, courts, alleys and sidewalks in front of such premises
free of litter. All litter sweepings must be collected and properly
containerized for disposal.
(b)
It shall be unlawful for any residential or commercial property owner
or occupant to permit open or overflowing waste disposal containers,
bins or receptacles on his or her property.
(c)
Nothing in this article shall be construed to prohibit the deposit
of leaves in a neat and careful manner in the gutter of any street
in the autumn during a period designated by the Director of Public
Works or his designee. Leaves so placed shall not be piled to a depth
of more than eighteen (18) inches and no other material shall be placed
in or near such leaves.
(d)
The Director of Public Works or his designee shall determine, and
communicate to the public, the manner in which leaves and other residential
or commercial wastes are to be prepared in the event collection services
and disposition is done by the City or approved agent.
[R.O. 1957, 10:11-5,6, adopted Oct. 2, 1967; MC TY 1991-10,
§ 1, adopted June 17, 1991]
(a)
No person shall throw or deposit litter upon a private or public
place from a vehicle.
(b)
No person shall drive or move a truck or other vehicle unless it
is so constructed, loaded and covered as to prevent any load or contents
of litter from being blown, dropped, sifted, leaked, or otherwise
escape therefrom upon any public or private place.
(c)
No person shall drive or move any vehicle or truck within the City,
the wheels or tires of which carry on to or deposit in any street,
alley or other public or private place mud, dirt, sticky substance
or foreign matter of any kind.
(d)
No person shall dump along any street or road, on or off any right-of-way,
any household or commercial waste, rubbish, refuse, junk, vehicle
or vehicle parts, appliances, furniture, on property not specifically
designated for the purpose of solid waste disposal.
[R.O. 1957, 10:11-7, adopted Oct. 2, 1967; MC TY 1991-10,
§ 1, adopted June 17, 1991]
No person shall throw, place, deposit or permit to be thrown,
placed or deposited, upon any public or private lot, litter of any
description.
[R.O. 1957, 10:11-8, adopted Oct. 2, 1967; MC TY 1991-10,
§ 1, adopted June 17, 1991]
(a)
No person shall throw or deposit or cause to be placed, or to hire
another person to place any advertisement, a commercial or noncommercial
handbill or unsolicited material of any kind in or upon a sidewalk,
street or other public place or building in such a manner that it
may be removed by natural forces.
(b)
No person shall hand out or distribute or sell a commercial handbill
in a public place.
(c)
This Section shall not apply to the distribution in any public place,
without charge to the receiver thereof, a noncommercial handbill to
any person willing to accept it:
[R.O. 1957, 10:11-8, adopted Oct. 2, 1967; MC TY 1991-10,
§ 1, adopted June 17, 1991]
[R.O. 1957, 10:11-10, adopted Oct. 2, 1967; MC TY 1991-10,
§ 1, adopted June 17, 1991]
(a)
No person shall throw or deposit a commercial or noncommercial handbill
in or upon a private premises which are temporarily or continuously
uninhabited or vacant, except by handling or transmitting such handbill
directly to the owner, occupant or other person then present in or
upon such private premises.
(b)
In case of inhabited private premises which are not posted, the distributor,
unless requested by anyone upon the premises not to do so, shall have
the authority to place or deposit a handbill in or upon such inhabited
private premises, if the handbill is so placed or deposited as to
secure or prevent the handbill from being blown or drifted about such
premises or sidewalks, streets, or other public places.
(c)
Mailboxes may not be used when prohibited by Federal postal law or
regulations.
[R.O. 1957, 10:11-10, adopted Oct. 2, 1967; MC TY 1991-10,
§ 1, adopted June 17, 1991]
The provisions of Section 10:5-10 shall not apply to the distribution of mail by the United States, nor to newspapers.
[R.O. 1957, 10:11-11, adopted Oct. 2, 1967; MC TY 1991-10,
§ 1, adopted June 17, 1991]
No person shall post or affix a notice, poster or other paper
or device, calculated to attract the attention of the public, to a
lamp post, public utility pole or shade tree or upon any public structure
or building, except as may be authorized by the owners thereof or
required by law.
[R.O. 1957, 10:11-12, adopted Oct. 2, 1967; amended by MC
1973-38, § 3, Dec. 10, 1973; MC TY 1991-10, § 1,
adopted June 17, 1991]
No person shall throw or deposit litter on any private property,
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.
[MC TY 1991-10, § 1, adopted June 17, 1991]
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 immediately following completion of any
construction or demolition project. It shall be the duty of the owner,
agent, or contractor in charge of a construction or demolition site,
to furnish containers adequate to accommodate flyable or non-flyable
litter, debris or rubbish at locations convenient to these areas,
and to maintain and empty the receptacles in such a manner and frequency
as to prevent spillage of refuse, debris and litter.
[R.O. 1957, 10:11-13, adopted Oct. 2, 1967; MC TY 1991-10,
§ 1, adopted June 17, 1991]
[R.O. 1957, 10:11-14, adopted Oct. 2, 1967; MC TY 1991-10,
§ 1, adopted June 17, 1991]
Any property owner and occupant thereof abutting Green Brook
and other bodies of water, to the extent of his ownership or occupancy,
shall keep the banks and stream beds and bodies of water free of litter,
refuse and rubbish regardless of the source.
[1]
Cross reference: As to the littering of waterways, see 8:4-10
of this Code. State law reference: As to the pollution of any stream
of water, see N.J.S.A. 26:3-31.
[MC 1973-38, § 4, Dec. 10, 1973; MC TY 1991-10,
§ 1, adopted June 17, 1991]
No person shall throw or deposit litter in any fountain, pond,
lake, stream or any other body of water, natural or artificial, in
a park or elsewhere.
[MC 1973-38, § 5, Dec. 10, 1973; MC TY 1991-10,
§ 1, adopted June 17, 1991]
No person in an aircraft shall throw out, drop, or deposit any
liter, handbill or other object, nor shall any individual or corporation
hiring an aircraft cause to be thrown out, dropped, or deposited therefrom
any litter, handbill or other object.
[MC 1973-38, § 6, Dec. 10, 1973; MC TY 1991-10,
§ 1, adopted June 17, 1991]
No person shall throw or deposit litter in any park except in
public receptacles and in such a manner that the litter will be prevented
from being carried or deposited by the elements upon any part of the
park or upon any street or other public place. Where public receptacles
are not provided, all such litter shall be carried away from the park
by the person responsible for its presence and properly disposed of
elsewhere as provided herein.
[MC 1973-38, § 7, adopted December 10, 1973; MC-1988-1,
§ 1, adopted March 28, 1988; MC TY 1991-10, § 1,
adopted June 17, 1991]
Any person violating any provision or Section of this article
shall upon conviction be subject to any or all of the following penalties:
(a)
Fine not less than Twenty-Five Dollars ($25.00) and not more than
Five Hundred Dollars ($500.00) for the first offense.
(b)
A fine not less than One Hundred Twenty-Five Dollars ($125.00) and
not more than Seven Hundred Fifty Dollars ($750.00) for a second offense
and/or not more than five (5) days imprisonment.
(c)
A fine not less than Fifteen Hundred Dollars ($1,500.00) for a third
offense and all offenses thereafter with a term of imprisonment of
not less than ten (10) days but not more than thirty (30) days; and
(d)
All persons convicted of an offense under this section shall be required
to pay restitution to the party who shall be caused to remove such
litter;
(e)
Community service - not exceeding sixty (60) hours.
