[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 5-14-1963 by Ord. No. 773 (Art. 37 of the 1970 Revised Ordinances). Amendments noted where applicable.]
The purposes of this chapter are to:
Prevent the throwing, placing or other disposal of any refuse, rubbish, waste, debris or other materials on or in any street, sidewalk, parking area, public building or other public place in the Borough of Madison, New Jersey, whereby such action would impede or interfere with the safe, free or unrestricted use of the same by the public or whereby the same might be rendered unsightly in appearance or detrimental to the health, safety and welfare of the public.
Prevent the throwing, casting or distribution of any handbill, circular, card or other advertising or printed matter or articles in such a manner that the same will be blown or scattered upon the streets or other public places.
Require property owners to remove earth, rocks and rubbish from sidewalks abutting their lands.
Prevent accumulation upon property within the Borough of Madison of brush, ragweed, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, automobile bodies or body parts, automobile parts, junk, discarded items, such as furniture, machines, appliances or parts thereof, metal, trash and debris and to compel the removal or the destruction thereof in order to preserve the public health, safety and general welfare or to eliminate a fire hazard.
[Amended 5-12-1969 by Ord. No. 10-69; 11-10-1969 by Ord. No. 23-69]
As used in this chapter, the following terms shall have the meanings indicated:
- The Borough of Madison.
- The Council of the Borough of Madison.
- Includes garbage, refuse and rubbish and all other waste material
which, if thrown, deposited or stored as herein prohibited, tends to create
a danger to public health, safety and welfare.[Added 6-14-1976 by Ord. No. 15-76]
- Includes any person, firm, partnership, corporation, club, society or any other form of association or organization and shall include both the singular and plural.
- PUBLIC BUILDING
- Includes any and every building and the approaches thereto owned, leased or within the jurisdiction and control of the Borough of Madison or any of its agencies, and shall include but not be limited to the Municipal Building, the Health Center, the Public Library and the public schools.
- PUBLIC PARKING AREA
- Any area which is owned by or under the control of the Borough of Madison and which is used for the parking of vehicles.
- PUBLIC PLACE
- Includes any and every public place within the Borough of Madison which is within the jurisdiction or under the control of the Council of the Borough of Madison, or other local municipal body, or which is or which may be open to and used by the general public. This shall include but is not limited to any park, plaza, playground, parking area, railroad station and the approaches thereto, and also includes any property owned by or under the control of the Board of Education of the Borough of Madison and the Trustees of the Madison Public Library.
- Includes any highway, road, avenue, boulevard, court, public lane, alley, sidewalk, footpath and any other area dedicated for public passage and travel.
[Added 11-10-1969 by Ord. No. 23-69]
The presence on land lying within the Borough of Madison of brush; weeds, including ragweed; dead and dying trees; stumps; roots; obnoxious growths; filth; garbage; automobile bodies or body parts; automobile parts; junk; discarded items, such as furniture, machines, appliances or parts thereof; metal; trash; and debris, is hereby declared to be detrimental to the public health, safety and general welfare and of such a character as to be a fire hazard.
No person, without the permission of the Council or its duly authorized representative, shall, within the said Borough:
Encumber or obstruct any street, public place or public building with any article or thing whatsoever.
No person shall throw, sweep, cast, put or place, or direct, suffer or permit any servant, agent or employee to throw, sweep, cast, put or place in or upon any street, sidewalk, gutter, public alley, parking area or other public place within the Borough, any dirt, wastepaper, garbage, filth, ashes, offal, vegetables, dross, cinders, shells, straw, shavings, broken glass, crockery, bottle, can, carton, container or any rubbish or refuse of any kind whatsoever.
[Added 6-14-1976 by Ord. No. 15-76]
Persons owning or occupying places of business within the Borough shall keep the sidewalk in front of their business premises free of litter.
No one who is an owner, driver, operator or conductor of a cart, wagon, truck or other vehicle or of any receptacle shall scatter, drop or spill or permit to be scattered, dropped or spilled any dirt, sand, mud, gravel, clay, loam, stone, traprock, nails, paint, cement, lime or other building materials; hay, straw, sawdust, shavings, bottles, glass, paper or other light materials of any sort; or manufacturing, trade or household waste, refuse, rubbish, ashes, manure, garbage or other organic refuse or any offensive matter, in or upon any street or public place within the Borough.
No person shall cast, throw or deposit on any sidewalk or crosswalk in any street or public place in the Borough, any fruit or vegetable or other substance, or any part or portion thereof, which might be liable to cause or does cause any person to slip and fall.
No person shall, within the Borough, direct, discharge or otherwise drain or permit the direction, discharge, flow or drainage into any gutter, or upon or across any sidewalk, street, public alley, park or parking area, or any other public place, of any:
Refuse or wastewater from any sink, stable, toilet, septic tank, cesspool, sewer lateral or sewage disposal unit.
Waste- or wash water from any laundry, automobile filling station, garage or car-washing establishment.
Gasoline, fuel, or lubricating oil or other petroleum product or derivative; or any solvent, thinner, lacquer, paint, paint remover, varnish, cleaning fluid or other cleansing preparation, or anything of a corrosive, explosive or flammable nature.
No person shall, within the Borough:
Distribute, place, throw or cast, or cause to be distributed, placed, thrown or cast, any paper or bill, circular, card or other advertising matter whatever in or upon any public street or public place; or place the same in or upon any vehicle in or on any street, parking area or public place.
Distribute, throw or otherwise place any paper, newspaper, periodical, book, catalogue, magazine, handbill, circular, card, rubbish or sample of merchandise in front of, alongside of or upon the doorstep or porch, or in the hall or vestibule of any building or other place from which such matter could be blown by the wind onto a street or public place.
In all cases where the sidewalk or roadway of any street in the Borough shall be encumbered or obstructed by the caving in, washing down or falling off of any earth, rocks, rubbish or anything whatsoever from any lot adjoining such sidewalk or roadway, the owner or tenant of such lot shall cause such earth, rocks, rubbish or other things to be removed and cleaned from such sidewalk or roadway within three days after a written notice to do so shall have been given to such owner or tenant in accordance with the provisions of § 120-13 hereof.
[Amended 11-10-1969 by Ord. No. 23-69]
The owner or tenant of lands lying within the Borough is hereby required to remove from such lands or destroy brush; weeds, including ragweed; dead and dying trees; stumps; roots; obnoxious growths; filth; garbage; automobile bodies or body parts; automobile parts; junk; discarded items, such as furniture, machines, appliances or parts thereof; metal; trash; and debris within 10 days after receipt by such owner or tenant of a written notice in accordance with the provisions of this chapter.
[Amended 5-12-1969 by Ord. No. 10-69]
The notices required to be given in and by §§ 120-11 and 120-12 of this chapter shall be mailed by the Borough Health Officer to said owner or tenant by certified mail, return receipt requested, addressed to his last known address; or if unknown, in the case of an owner, to his address as the same appears on the tax records of the Borough; or in the case of a tenant, to the property address.
The period of time provided for removal of detrimental or hazardous material shall commence on the date of the return receipt obtained by the postal authority for the delivery of such notice or, if undelivered, on the date of the return thereof to the Borough.
Every such notice shall, in addition to requiring the removal of the detrimental or hazardous material, warn the owner or tenant that failure to effect such removal within the time stated in said notice will necessitate such removal by or under the direction of the Health Officer, Police Chief or Fire Chief, or other delegated Health, Police or Fire Department Officer, or the Borough official in charge of Public Works, and that the cost of such removal will be charged to the owner or tenant. In the latter event, the cost of such removal shall forthwith become a lien upon the lands and shall be added to and become a part of the taxes next to be assessed and levied upon the same, to bear interest at the same rate and to be collected as in the case of such taxes as hereinafter provided.
[Amended 5-12-1969 by Ord. No. 10-69]
In all cases where brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or other debris are removed from any lands under this chapter by or under the direction of the Borough Health Officer, Police Chief or Fire Chief, or other delegated Health, Police or Fire Department Officer, or the Borough official in charge of Public Works, to effect such removal such official shall certify the cost thereof to the Council, which shall examine the certificates and, if found correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
The said costs of removal shall be additional to any other penalties which may be imposed under this chapter, provided that service of notice has been properly effected.
[Amended 5-11-1970 by Ord. No. 9-70]
Any person, firm, corporation or other organization found guilty of violating any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following in the discretion of the Judge: a fine of not to exceed $2,000; or by imprisonment for a term not exceeding 90 days; or by a period of community service not exceeding 90 days. In the event that a fine is imposed, pursuant to this section, such fine shall be no less than $100.
[Amended 8-14-2000 by Ord. No. 35-2000; 5-8-2006 by Ord. No. 19-2006]
In default of the payment of any fine imposed hereunder, the person convicted may, in the discretion of the Judge by whom he was convicted, be imprisoned in the Morris County Jail for a term not exceeding 90 days.
Each day during which a violation of this chapter continues shall be deemed a new and separate offense.
Nothing in this chapter shall be deemed to modify or repeal the provisions of existing ordinances for the removal of snow, ice, trash or weeds or prohibiting obstructions in streets and abating nuisances, except where inconsistent therewith, in which event the provisions of this chapter shall control.