[HISTORY: Adopted by the Township Committee of the Township
of Winslow 3-27-85 as Ord. No. 0-13-85. Amendments noted where applicable.]
This chapter shall be known and cited as the "Winslow Township
Anti-Litter Ordinance."
A.Â
Word usage. 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 or permissive.
B.Â
AIRCRAFT
AUTHORIZED PRIVATE RECEPTACLE
COMMERCIAL HANDBILL
(1)Â
(2)Â
(3)Â
(4)Â
GARBAGE
LITTER
LITTER RECEPTACLE
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
TOWNSHIP
VEHICLE
Definitions. For the purposes of this chapter, the following terms,
phrases, words and their derivatives shall have the meanings given
herein:
Any contrivance now known or hereinafter invented, used or
designated for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle.
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:
Which advertises for sale any merchandise, product, commodity
or thing;
Which directs attention to any business or mercantile or commercial
establishment or other activity for the purpose of either directly
or indirectly promoting the interest thereof by sales;
Which directs attention to or advertises any meeting, theatrical
performance, exhibition or event of any kind for which an admission
fee is charged for the purpose of private gain or profit; but the
terms of this subsection shall not apply where the admission fee is
charged or a collection is taken up for the purpose of defraying the
expense incident to such meeting, theatrical performance, exhibition
or event of any kind, when either of the same is held, given or takes
place in connection with the dissemination of information which is
not restricted under the ordinary rules of decency, good morals, public
peace, safety and good order, provided that nothing contained in this
subsection shall be deemed to authorize the holding, giving or taking
place of any meeting, theatrical performance, exhibition or event
of any kind, without a license, where such license is or may be required
by any law of this State or under any ordinance of this township;
or
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as advertiser or distributor.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any used or unconsumed substance or waste 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,
newspapers, magazines, glass, metal, plastic, or paper containers,
or other packaging or construction material, but does not include
the waste of the primary processes of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
[Amended 10-25-05 by Ord. No. 0-30-05]
A container suitable for the depositing of litter.
[Added 10-12-05 by Ord. No. 0-30-05]
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States, in accordance with federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, shall mean and
include any periodical or current magazine regularly published with
not less than four (4) issues per year and sold to the public.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of
a "commercial handbill" or "newspaper."
A park, reservation, playground, beach, recreation center
or any other public area in the township, owned or used by the township
and devoted to active or passive recreation.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
[Amended 10-25-05 by Ord. No. 0-30-05]
Any dwelling, house, building or other structure designated
or used either wholly or in part for private residential purposes,
whether inhabited or 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 and solid market and industrial wastes.
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.
The Township of Winslow, County of Camden and State of New
Jersey.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
exclusively upon stationary rails or tracks.
[Amended 10-25-05 by Ord. No. 0-30-05]
It shall be unlawful for any person to throw, drop or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
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.
No person shall sweep into or deposit in any gutter, street,
right-of-way or other public place within the township, the accumulation
of litter from any building or lot or from any public or private driveway
or sidewalk. Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter. This section shall in no
way prohibit the deposit or sweeping of leaves for collection or pickup
in accordance with any ordinance or regulation by the township.
No person owning or occupying a place of business shall sweep
into or deposit into 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 their
parking lots and the sidewalk in front of their business premises
free of litter.
[Amended 10-25-05 by Ord. No. 0-30-05]
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.
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 substance, litter or foreign matter
of any kind so as to create a nuisance, hazard or dangerous condition
on or upon the streets, alleys or other public places within the township.
No person shall throw or deposit litter in any park, playground
or recreational area within the township, except in public receptacles
and in such manner that the litter will be preserved from being carried
or deposited by the elements upon any part of the park, playground,
recreational area 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.
No person shall throw or deposit litter in any lake, stream,
pond, fountain or other body of water in any park or elsewhere within
the township.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the township, nor shall any person hand out or distribute or sell
any commercial handbill in any public place; provided, however, that
it shall not be unlawful to hand out or distribute, without charge
to the receiver thereof, any noncommercial handbill to any person
willing to accept the same, on any sidewalk, street or other public
place within the township.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle; provided, however, that it shall
not be unlawful in any public place for a person to hand out or distribute,
without charge to the receiver thereof, a noncommercial handbill to
any occupant of a vehicle who is willing to accept the same.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill upon any private premises, if requested
by anyone thereon not to do so, or if there is, are placed on said
premises in a conspicuous position near the entrance thereof, a sign
bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisement"
or any similar notice indicating in any manner that the occupants
of said premises do not desire to be molested or have their right
of privacy disturbed or to have any such handbills left upon such
premises.
A.Â
No person shall throw, deposit or distribute any commercial or noncommercial
handbills in or upon private premises which are inhabited, except
by handing or transmitting any such handbill directly to the owner,
occupant or other person then present in or upon such private premises;
provided, however, that in the case of inhabited private premises
which are not posted as provided in this chapter, such person, unless
requested by anyone upon such premises not to do so, may place or
deposit any such handbill in or upon such inhabited private premises
if such handbill is so placed or deposited as to secure or prevent
such handbill from being blown or drifted about such premises or sidewalks,
streets or public places and except that mailboxes may not be so used
when so prohibited by federal postal law or regulations.
B.Â
Exemption for mail and newspapers. The provisions of this section
shall not apply to the distribution of mail by the United States nor
to newspapers (as defined herein), except that newspapers shall be
placed on private property in such a manner as to prevent their being
carried or deposited by the elements upon any street, sidewalk or
other public place or upon private property.
No person in any aircraft shall throw out, drop or deposit within
the township any litter, handbills or other object.
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.
[Deleted 2-25-14 by Ord. No. O-2014-003]
[Added 10-25-05 by Ord. No. 0-30-05]
The provisions of this chapter shall be enforced by the Winslow
Township Police Department and the Winslow Township Code Enforcement
Officers.
[Amended 10-25-05 by Ord. No. 0-30-05]
Any person violating any of the provisions of this chapter,
including any person who shall hinder or interfere with anyone authorized
or empowered to perform any duty hereunder, shall be subject to a
fine not to exceed five hundred dollars ($500.), or by imprisonment
in the county jail for a period of not to exceed ninety (90) days,
or by both, and each day's continuance of the violation shall
constitute a separate and distinct violation.
