[HISTORY: Adopted by the Township Council of the Township of Byram 9-8-1987 by Ord. No. 8-1987. Amendments noted where applicable.]
Animals — See Ch. 87.
Brush, grass and weeds — See Ch. 96.
Garbage, rubbish and refuse — See Ch. 142.
Junk and junkyards — See Ch. 156.
Parks and recreation areas — See Ch. 182.
Property maintenance — See Ch. 186.
Deposits on streets — See Ch. 213.
Public health nuisances — Ch. 266.
Article I Dumping
Article II Littering
It shall be unlawful for any person, firm or corporation, in person or by his or its agent, employee or servant, to cast, throw, sweep, sift or deposit in any manner in or upon any public way or other public place in the Township or any river, canal, public water, drain, sewer or receiving basin within the jurisdiction of the Township any kind of dirt, rubbish, waste article, thing or substance whatsoever, whether liquid or solid. Nor shall any person, firm or corporation cast, throw, sweep, sift or deposit any of the aforementioned items anywhere within the jurisdiction of the Township in such manner that they may be carried or deposited in whole or in part by the action of the sun, wind, rain or snow into any of the aforementioned places; provided, however, that this section shall not apply to the deposit of material under a permit authorized by any ordinance of the Township or to goods, wares or merchandise deposited upon any public way or other public place temporarily, in the necessary course of trade, and removed therefrom within two hours after being so deposited.
It shall be unlawful for any person, firm or corporation, in person or by his or its agent, employee or servant, to use any vehicle to haul any kind of dirt, rubbish, waste articles or things or substance, whether liquid or solid, unless such vehicle is covered to prevent any part of its load from spilling or dropping at all times while such vehicle is in motion on any street or alley in the municipality; provided, however, that the requirements herein for covering such vehicles shall not apply to vehicles carrying brush cuttings, tree trimmings, branches, logs and similar waste material if such matter is securely lashed to such vehicle to prevent spilling or dropping as aforesaid.
Notwithstanding any other penalty imposed by this article, any person, firm or corporation violating any of the provisions of this article shall be fined not less than $50 nor more than $500 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:
- Any contrivance now known or hereafter invented, used or designed for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.
- AUTHORIZED PRIVATE RECEPTACLE
- A container of watertight construction with a tight-fitting lid or cover capable of preventing the escape of contents within. Such receptacles shall have handles or other means for safe and convenient handling and be of such size or sufficient capacity to hold all litter generated between collection periods and shall be in compliance with the regulations promulgated by the Superintendent of Public Works.
- CONSTRUCTION SITES
- Any private or public property upon which repairs to existing buildings, construction of new buildings or demolition of existing structures is taking place.
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper booklet or any other printed matter of literature which is not delivered by United States mail, including but not limited to material:
- A. Which advertises for sale any merchandise, product, commodity or thing;
- B. 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 sale; or
- C. 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.
- Garbage, refuse, rubbish and all other waste material which,
if thrown or deposited as herein prohibited, tends to create a danger
to public health, safety and welfare and tends to reduce property
values. "Refuse" means all putrescible and nonputrescible solid wastes,
excluding bodily wastes, which includes but is not limited to garbage,
rubbish, ashes, street cleanings, dead animals, abandoned automobiles
and industrial wastes. "Rubbish" means nonputrescible solids such
as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery and similar materials.[Added 10-6-1997 by Ord. No. 10-1997]
- LOADING AND UNLOADING DOCKS
- Any dock space or area used by any moving vehicle for the purpose of receiving, shipping and transporting goods, wares, commodities and persons, located on or adjacent to any stream, river or land.
- PRIVATE PREMISES
- All property, including but not limited to vacant land or any land, building or other structure designed or used for residential, commercial, business, industrial, institutional or religious purposes, together with any yard, grounds, walk, driveway, fence, porch, steps, vestibule, mailbox and other structures appurtenant thereto.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways, lakes, rivers, watercourses or fountains and any and all public parks, squares, spaces, grounds and buildings.
- PUBLIC RECEPTACLES
- Any receptacles provided by or authorized by the Township.
- Every device in, upon or by which any person or property is or may be transported or drawn upon land or water, including devices used exclusively upon stationary rails or tracks.
[Amended 4-3-1989 by Ord. No. 5-1989]
No person shall deposit any litter within the Township except in public receptacles or in authorized private receptacles or any duly authorized disposal facility or other place specifically designated for the purpose of solid waste storage or disposal. No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free of litter. All sweepings shall be collected and properly containerized for disposal.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent litter from being carried or deposited by the elements upon any public place or private premises.
No person shall upset or tamper with a public or private receptacle designed or used for the deposit of litter or cause or permit its contents to be deposited or strewn in or upon any public place or private premises.
Persons owning, occupying or in control of any public place or private premises shall keep the sidewalks and alleys adjacent thereto free of litter and shall maintain such receptacles as may be required by the regulations issued or promulgated by the Township Manager or his designee.
The owner or person in control of any private premises shall at all times maintain the premises free of litter.
The owner or person in control of private premises shall, if public receptacles are unavailable, 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 public place or private premises.
No person while the operator of or the passenger in a vehicle shall deposit litter upon any public place or private premises.
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 public place or private premises, 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 public place or private premises mud, dirt, sticky substances, litter or foreign matter of any kind.
No person in an aircraft shall throw out, drop or deposit any litter within the Township.
[Amended 4-3-1989 by Ord. No. 5-1989]
Litter in parks and other public places, which places may be the site of special events to which the public is invited, is prohibited. No person shall deposit litter in any park within the Township except in 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 public place or private premises. No person shall deposit litter at special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals, except in 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 premises in or on which the special event is taking place. Where receptacles are not provided, all such litter shall be removed by the person responsible for its presence and properly disposed of elsewhere in a lawful manner.
Public places. No person shall deposit or unlawfully sell any handbill in or upon any public place; provided, however, that it shall not be unlawful on any public place for any person to hand out or distribute, without charge to the receiver, any handbill to any person willing to accept it.
Private premises. No person shall deposit or unlawfully distribute any handbill in or upon private premises, except by handing or transmitting any such handbill directly to the occupant of such private premises; provided, however, that in case of private premises which are not posted against the receiving of handbills or similar material, such person, unless requested by anyone upon such premises not to do so, may securely place any such handbill in such a manner as to prevent such handbill from being deposited by the elements upon any public place or private premises, except that mailboxes may not be so used when prohibited by federal postal law or regulations. The provisions of this subsection shall not apply to the distribution upon private premises only of newspapers or political literature, except that newspapers and political literature shall be placed in such a manner as to prevent their being carried or deposited by the elements upon any public place or private premises.
Placing handbills on vehicles. No person shall deposit any handbill in or upon any vehicle unless the occupant of the vehicle is willing to accept it.
It shall be the responsibility of any person distributing handbills to maintain the area which he is utilizing free of any litter caused by or related to said handbill distribution.
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public upon any public place or private premises, except as may be authorized or required by law.
Each contractor shall be responsible for the job site in such a manner that litter will be prevented from being carried or deposited by the elements upon any public place or private premises.
Litter or other debris, including dirt and mud, deposited as the result of normal construction processes upon any public place or private premises shall be removed.
The person owning, operating or in control of a loading or unloading dock shall maintain authorized private receptacles for the collection of litter and shall at all times maintain the dock area free of litter in such a manner that litter will be prevented from being carried or deposited by the elements upon any public place or private premises.
Litter receptacles required. Any public place or private premises containing any provision for parking vehicles shall be equipped with litter receptacles in compliance with this section and the regulations promulgated by the Township Manager or his designee. Such premises shall include but not be limited to such places as shopping centers, outdoor theaters, drive-in restaurants, gasoline service stations, apartments, developments, parking lots and any other place where provision is made for vehicles to stop or park in a designated area for any purpose. In lieu of compliance with the receptacle requirements, the Township Manager or his designee may approve a plan for litter control through any authorized sweeping program or other means.
Number of receptacles. All premises having parking lots shall provide, in easily accessible locations, a minimum of two refuse containers for up to 25 spaces and at least one additional refuse container for every 50 additional parking spaces.
Specifications. Litter receptacles shall have tight-fitting lids or tops and shall be weighted or attached to the ground or other fixed structures as necessary to prevent spillage. A minimum litter container size of 20 gallons shall be used with all containers, being an easily identifiable color with proper markings indicating "litter receptacles."
Cleanliness. Premises used for the purposes designated herein shall be kept in a litter-free condition, and all litter shall be removed periodically from the receptacles.
Obligation to use receptacles. It shall be the duty and obligation of all persons using parking areas to use such litter receptacles, as hereinabove provided, for the purposes intended, and it shall be unlawful for any person or persons to deposit upon any such parking lot any litter.
The Township Manager or his designee is hereby authorized and empowered to make and adopt such rules and regulations as he deems proper and necessary for the implementation of this article for the better protection of the health, welfare and safety of the Township. In doing so, applicable federal, state and local standards regarding fire prevention, pollution control, public safety, nuisances and health regulations shall be given due consideration.
The procedure for the removal of litter from private premises and the charging of expense thereof as a lien upon such property, to be collected as are other liens by the Township Attorney, shall be in accordance with the state statutes. The Township Manager or his designee shall be responsible for the implementation of this enforcement program.
[Amended 11-18-1991 by Ord. No. 9-1991]
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction, be punishable by a fine of not less than $500 or by imprisonment for a term not to exceed 90 days, or both, which sentence may also include restitution and hours dedicated to community service, in the discretion of the Judge. Each and every successive day upon which any such violation continues or occurs shall be considered a separate and additional violation of this chapter.
Violations under this article shall be prosecuted in the Municipal Court.