[HISTORY: Adopted by the Township Council of the Township of Springfield 12-14-1994 as §§ 4-1 and 4-9 of the 1994 Code. Amendments noted where applicable.]
Editor’s Note: The title of this chapter, formerly “Littering,” was amended 6-11-2014 by Ord. No. 2014-03.
As used in this chapter, the following terms shall have the meanings indicated:
- Putrescible animal and vegetable wastes resulting from the handling, preparation and consumption of food.
- 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, household or commercial solid waste, vehicle or vehicle parts, tires, appliances, furniture, 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 processes of mining or other extraction processes, logging, saw milling, farming or manufacturing.
- LITTER RECEPTACLE
- 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.[Added 12-8-2004 by Ord. No. 2004-25]
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
- Putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleaning, 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.
- SOLID WASTE
- Garbage, refuse, and other discarded materials resulting
from industrial, commercial and agricultural operations, and from
domestic and community activities, and shall include all other waste
materials including liquids, except for solid animal and vegetable
wastes collected by swine producers licensed by the State Department
of Agriculture to collect, prepare and feed such wastes to swine on
their own farms.[Added 6-11-2014 by Ord. No. 2014-03]
- A way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel or, in the case of a sidewalk, for pedestrian travel. The term “street” shall include the legal right-of-way, including, but not limited to, the cartway or traffic lanes, curb, the sidewalks, whether paved or unpaved, and any grass lots or other grounds found within the legal right-of-way of a street. The term “street” shall apply irrespective of what it is called or formally named, whether alley, avenue, court, road or otherwise. The term “street” shall also include, for the purposes of this chapter, shopping centers, parking lots, parks, playgrounds, public buildings and similar areas open to the use of the public.
- MOTOR VEHICLE or VEHICLE
- Any motor vehicle, omnibus, road tractor, trailer, truck, truck-tractor and vehicle, which terms are intended to have the meaning stated and defined in N.J.S.A. 39:1-1 et seq.
[Amended 6-11-2014 by Ord. No. 2014-03]
No person shall sweep, throw or deposit litter or solid waste in or upon any occupied, open or vacant property, whether owned by such person or not, or in or upon any street, sidewalk, park or other public place, or any pond, lake, stream or other body of water within the Township, except in public receptacles or in authorized private receptacles for the collection of same, or in authorized collection vehicles for transport in a manner consistent with State Department of Environmental Protection regulations to a properly licensed landfill or other disposal facility. Persons placing litter or solid waste in public or authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements or animals upon any street, sidewalk, or other public property or upon private property.
No persons, including merchants owning or occupying a place of business, shall sweep into or deposit in any gutter, street, catch basin 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 property shall keep the sidewalk in front of their premises free of litter.
[Amended 12-8-2004 by Ord. No. 2004-25]
It shall be unlawful for any person to throw, drop, discard 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.
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 substances, litter or foreign matter of any kind.
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.
No person shall bring, cart, remove, transport or collect any litter from outside the Township, or into the Township, for the purpose of dumping or disposing thereof, unless so authorized by the Township.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this subsection shall not prohibit the storage of litter in authorized private receptacles for collection.
Litter receptacles shall be required and serviced in the following public places by the proprietors of such places or sponsors of such events:
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.
All street vendor locations.
Self-service refreshment areas.
Gasoline service station islands.
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.
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.
Household waste. It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, in areas zoned residential.
Tires. It shall be unlawful for any person, including property owners, occupants and/or lessees, to store or permit the storage of tires in or upon property under their ownership or control.
Vehicles. It shall be unlawful for any residential property owner to park or permit the parking of any vehicle on his/her residential lawn.
Open or overflowing waste disposal bins. It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his/her property.
Construction sites. 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 contractors in charge of a construction site to furnish containers adequate to accommodate flyable and non-flyable debris or trash at areas convenient to the construction areas, and to maintain and empty the receptacles in such a manner and with such frequency as to prevent spillage of refuse.
Police officers of the Township shall notify the owner of any open or vacant private property within the Township, or the agent of the owner, to properly dispose of litter located on the owner’s property which is dangerous to public health, safety or welfare. The notice shall be by registered mail, addressed to the owner at his/her last known address, and shall state the acts to be performed by the owner or tenant, as well as the penalty for failure to comply with the notice.
If the owner or tenant to which notice is sent neglects or refuses to comply with the notice within 10 days of its receipt, the Township shall cause a complaint to be brought against him/her in Municipal Court.
Nothing contained in this chapter shall prevent the accumulation of any compost or manure for fertilization of the soil. In this case, the same shall be stored, kept or placed in conformity with local or state health regulations so that it will not become a nuisance to any person or persons living within the area where such compost or manure is kept or maintained; and provided, further, that all such accumulations must be kept at least 100 feet from any dwelling house or store owned by another occupant.
[Added 12-8-2004 by Ord. No. 2004-25]
This chapter shall be enforced by the Police Department and/or other municipal officials of Springfield Township.
[Added 12-8-2004 by Ord. No. 2004-25; amended 6-11-2014 by Ord. No. 2014-03]
Any person who is found in violation of the provisions of this chapter for improper solid waste disposal or littering in the amount of 0.148 cubic yards of solids or less or 30 U.S. gallons of liquids or less shall be subject to a fine of not less than $100 nor more than $500 for each violation and/or a period of community service, which may include the pickup and removal of litter, of not less than 20 nor more than 40 hours as authorized by N.J.S.A. 13:1E-99.3.
Any person who is convicted of an offense under Subsection A, above, within six months after the date of a previous conviction shall be sentenced to pay a fine of not less than $250 nor more than $1,000, may be sentenced to imprisonment for a term not to exceed 60 days, and may be directed to perform community service, which may include the pickup and removal of litter, of not less than 40 nor more than 80 hours as authorized by N.J.S.A. 13:1E-99.3.
Any person who is found in violation of the provisions of this chapter for improper disposal of solid waste in excess of 0.148 cubic yards of solids or 30 U.S. gallons of liquid at a site or other place within the Township that does not have authorization to accept solid waste from the Department of Environmental Protection commits a disorderly persons offense. Pursuant to the provisions of N.J.S.A. 13:1E-9.3 and 13:1E-9.4 and 40:49-5, a fine of not less than $2,500 for a first offense, nor more than $5,000 for a second offense, and not more than $10,000 for a third and every subsequent offense shall be imposed. Each day during which the violation continues constitutes an additional, separate and distinct offense. In addition to the foregoing penalties, persons convicted under this section shall be required to perform community services for a term of not more than 90 days and forfeit the privilege to operate a motor vehicle over the highways of this state for a period of not less than six months nor more than one year. Furthermore, all conveyances used or intended to be used in the unlawful transportation or disposal of solid waste in violation of N.J.S.A. 13:1E-9.3 are subject to forfeiture to the state pursuant to the provisions of N.J.S.A. 13:1K-1 et seq.
Notwithstanding the provisions of N.J.S.A. 13:1K-1 et seq., or any other law to the contrary, whenever a conveyance is forfeited to the state as set forth above, the proceeds from the disposal and sale of such conveyance shall be remitted to the chief financial officer of the municipality wherein the violation occurred, to be used by the municipality to help finance enforcement actions under this chapter, N.J.S.A. 13:1E-9.3 or N.J.S.A. 48:13A-12.