[HISTORY: Adopted by the Township Committee of the Township of Lacey
5-22-1986 as Ord. No. 23-86 (Ch. 73A of the 1974 Code). Amendments noted where
applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 289.
This chapter shall be known as the "Antilitter Ordinance" and may be
so cited.
As used in this chapter, the following terms shall have the meanings
indicated:
Putrescible animal and vegetable waste resulting from either the
handling, preparation, cooking or consumption of food.
Garbage, refuse and rubbish, as such are defined herein, and all
other waste materials.
A park, reservation, playground, beach, recreation center or any
other public areas in the township owned or used by any public agency and
devoted to recreation purposes.
Any dwelling, house, building or other structure designed or used
either wholly or in part for residential purposes, whether inhabited or temporarily
or continuously inhabited or vacant, and shall include any yards, grounds,
walks, driveways, porches, steps, vestibules or mailboxes belonging to or
appurtenant to such dwelling, house, building or other structure.
Includes all streets, sidewalks, boulevards, alleys or other public
walkways and all parks, squares, docks, grounds and buildings.
All putrescible and nonputrescible solid wastes, except body wastes,
including garbage, rubbish, ashes, street cleanings, dead animals, dead trees,
tree stumps, abandoned automobiles and boats and solid market and industrial
wastes and specifically including abandoned furniture, household equipment,
scrap building materials and other similar items.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as paper; wrappings; cigarettes; cigars and tobacco wastes; cardboard;
tin cans; yard, garden or lawn clippings; leaves; wood; glass; bedding; crockery;
and similar materials.
Every device in, upon or by which any person or property is or may
be transported or drawn upon a highway, including devices used exclusively
upon stationary rails or tracks.
No person shall sweep, throw, deposit or clump litter in or upon any
street, sidewalk or other public place except in public receptacles or in
private receptacles for collection or in official township disposal areas.
A.
Litter shall be placed in private receptacles in such
manner as to prevent it from being scattered, carried or deposited by the
elements upon any street, sidewalk or other public place or private premises.
B.
Litter, other than garbage, shall be placed in public
receptacles or in private receptacles.
C.
Branches, clippings, shrubs and the like in excess of
twenty-four (24) inches in length but not greater than six (6) feet in length
and not in excess of seventy-five (75) pounds in weight may be placed at the
curb for pickup if securely tied in bundles so as to prevent their being scattered,
carried or deposited by the elements upon any street, sidewalk or other public
or private place or premises.
D.
Litter receptacles suitable for the depositing of litter
and their servicing are required at the following public places which exist
in the municipality: sidewalks used by pedestrians in active retail commercially
zoned areas, such that at a minimum there shall be no single linear one-fourth
(1/4) 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, boat moorage and fueling
stations; boat launching areas; public and private piers operated for public
use; beaches and bathing areas; and at 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.
[Added 9-8-1988 by Ord. No.
42-88]
No person shall throw or deposit litter from a vehicle upon any street
or other public place or upon any private premises or vacant land.
No person shall drive or move any truck or other commercial vehicle
unless the vehicle is so constructed or loaded as to prevent any litter from
being blown or deposited upon any street, alley or other public place or private
premises. No person shall drive or move any vehicle or truck if the wheels
or tires carry onto or deposit in any street, alley or other public place
mud, dirt, sticky substances or foreign matter of any kind from any other
place other than the traveled portion of a public street or alley.
No person shall throw or deposit litter in any park except in public
receptacles and in such a manner as to prevent such litter 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 litter
shall be carried from the park by the person responsible for its presence
and shall be properly disposed of elsewhere.
No person shall throw or deposit litter in any fountain, lake, pond,
stream, bay or any other body of water.
No person shall throw or deposit litter on any occupied private property,
whether owned by him or not, except that the owner or person in control of
private property shall maintain private receptacles for collection in such
a manner that litter will not be carried or deposited by the elements upon
any other public place or upon any private property.
The owner or person in control of any private property shall at all
times maintain the premises free of litter. This section shall not be construed
to prohibit the storage of litter in private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private
property, whether owned by such person or not.
A.
Notice to remove. The Code Enforcement Officer or his
duly designated agent is authorized and empowered to notify the owner of any
private premises or vacant land or the tenant or agent of such owner to dispose
of properly litter which is located on such owner's property. Notice shall
be by registered or certified mail, return receipt requested, addressed to
said property owner or his agent or tenant at his last known address or served
personally upon said owner, tenant or agent.
[Amended 7-11-1996 by Ord.
No. 96-36]
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of said litter within ten (10) days after receipt of written notice as specified in Subsection A of this section, or within ten (10) days after the date of such notice in the event that it is returned to the township by the Post Office Department because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner, tenant or agent, the Code Enforcement Officer or his duly designated agent is authorized and empowered to pay for disposing of such litter or to order its disposal by the township.
C.
When the township has effected the removal of litter
or has paid for its removal, the actual cost thereof shall, unless paid by
the owner prior thereto, be charged to the owner of the property on the next
regular tax bill forwarded to the owner by the township. The charge shall
be due and payable by the owner at the time set for payment of the tax bill.
D.
Where the full amount due the township is not paid by the owner within thirty (30) days after the disposal of such litter, as specified in Subsections A and B of this section, then and in that case, the Code Enforcement Officer shall certify the cost thereof to the Township Committee which shall examine the certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty at the same rate as in the case of taxes which are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. The certification of the Code Enforcement Officer, in accordance with the provisions thereof, shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
[Amended 7-11-1996 by Ord.
No. 96-36]
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine of not more than one thousand dollars ($1,000.),
by imprisonment for a term not to exceed ninety (90) days and/or by a period
of community service not exceeding ninety (90) days; except that, in the Pinelands
Area, the maximum penalty shall be five hundred dollars ($500.) for each offense,
as provided in N.J.S.A. 13:18A-24. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
