[HISTORY: Adopted by the Township Council
of the Township of Byram 9-8-1987 by Ord. No. 8-1987. Amendments noted where
applicable.]
GENERAL REFERENCES
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.
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.
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.
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:
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 sale; or
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]
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.
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.
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.
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.
A.
The owner or person in control of any private premises
shall at all times maintain the premises free of litter.
B.
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.
A.
No person while the operator of or the passenger in
a vehicle shall deposit litter upon any public place or private premises.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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."
D.
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.
E.
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]
A.
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.
B.
Violations under this article shall be prosecuted
in the Municipal Court.
