[HISTORY: Adopted by the Township Council
of the Township of Howell 12-23-1974 as § 3-1 of the 1974 Code, as amended through Ord. No.
O-90-24. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Township of Howell Anti-Litter Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or any other printed
or otherwise reproduced original or copies of any matter of literature:
Which advertises for sale any merchandise, product,
commodity, or thing; or
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 sales;
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; or
Which, while containing reading matter other
than advertising matter, is predominantly and essentially an advertisement,
and is distributed or circulated for advertising purposes, or for
the private benefit and gain of any person so engaged as advertiser
or distributor.
Any old, discarded or unused waste, iron or metal or substance,
glass, paper, machines, appliances, equipment, business or household
furniture or furnishings, or any parts or portions thereof or accessories
thereof, unregistered motor vehicles which are unfit for highway transportation,
unused parts of motor vehicles and any material commonly known and
generally referred to as "junk" in the ordinary meaning of the word.
Waste material which, if thrown, deposited, left or abandoned
as herein prohibited, tends to create a danger to public health, safety
or welfare.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the U.S. Postal Service in accordance
with federal statute or regulation, and any newspaper filed and recorded
with any recording officer as provided by law; and, in addition thereto,
shall mean and include any periodical or magazine regularly published
with not less than four issues per year and sold to the public. Free
newspapers, meaning any newspaper, periodical, magazine or the like
matter which is distributed free of charge, is excluded from this
definition.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet,
or any other printed matter or otherwise reproduced original or copies
of any matter of literature not included in the aforesaid definitions
of a commercial handbill or newspaper.
Reservation, playground, recreation center or any other public
area in the Township used only by the Township and devoted to active
or passive recreation.
Any dwelling, house, building or structure, designed or used
either wholly or in part for private residential purposes, whether
inhabited or temporarily or continuously uninhabited or vacant, and
shall include any yard, grounds, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such dwelling, house, building
or structure.
All streets, sidewalks, boulevards, alleys or other public
ways and any and all public parks, squares, spaces, grounds and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, 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.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway.
No person shall throw, deposit, or leave or
abandon litter or junk in or upon any street, sidewalk or other public
place within the Township, except in public receptacles or in authorized
private receptacles for collection or in official Township dumps.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such a manner
as to prevent it from being carried or deposited by the elements upon
any street, sidewalk or other public place or upon private property.
A.
No person shall sweep into or deposit in any gutter,
street 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 and junk.
B.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street 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 places of business within the Township shall keep
the sidewalk in front of their business premises free of litter and
junk.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street or other public
place within the Township or upon private property.
No person shall drive or move any truck or other
vehicle within the Township unless the 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.
No person shall throw, deposit, leave or abandon
any litter or junk in any park or public place within the Township,
except in public receptacles and in such a manner that the litter
or junk which is placed in the public receptacles will be prevented
from being carried or deposited by the elements upon any part of the
park or public place or any street. Where public receptacles are not
provided, all such litter or junk shall be carried away from the park
or public place by the person responsible for its presence and properly
disposed of elsewhere.
No person shall throw or deposit litter or junk
in any fountain, pond, pool, lake, stream or other body of water within
the Township.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any sidewalk, street or other
public plate within the Township, nor shall any person hand out or
distribute or sell any commercial handbill in any public place. It
shall not be unlawful on any street, sidewalk or other public place
within the Township for any person to hand out or distribute, without
charge to the receiver thereof, any noncommercial handbill to any
person willing to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any vehicle. It shall not be
unlawful in any public place for a person to hand out or distribute,
without charge to the receiver thereof, a noncommercial handbill to
any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill upon any private premises
if requested by anyone thereon not to do so, or if there is placed
on the premises in a conspicuous position near the entrance thereof,
a sign bearing the words "No Trespassing," "No Peddlers or Agents,"
"No Advertisement," or any similar notice, indicating in any matter
that the occupants of the premises do not desire to be molested or
have their right of privacy disturbed, or to have any such handbills
left upon such premises.
A.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon private premises which are inhabited,
except by handing or transmitting any such handbill directly to the
owner, occupant, or other person then present in or upon such private
premises. In case of inhabited private premises which are not posted,
such person, unless requested by anyone upon such premises not to
do so, may place or deposit any such handbill in or upon such inhabited
private premises, if such handbill is so placed or deposited as to
prevent such handbill from being blown or drifted about such premises
or sidewalks, streets, or other public places, except that mailboxes
may not be so used when so prohibited by federal postal law or regulations.
B.
This section shall not apply to the distribution of
mail by the United States nor to newspapers, except that newspapers
shall be placed on private property in such a manner as to prevent
their being carried or deposited by the elements upon any street,
sidewalk or other public place or upon private property.
No person shall throw, leave, deposit, allow,
permit or abandon litter or junk on any private property within the
Township, whether owned by such person or not, except that the owner
or person in control of private property may deposit or leave litter
and junk in any building, structure, container or receptacle in such
a manner that that which is so left or deposited will be prevented
from being carried or deposited by the elements upon any street, sidewalk
or other public place or upon any private property, and so that such
litter and junk shall not be visible.
The owner or person in control of any private property shall at all times maintain the premises free of litter and junk, except as provided in § 192-17.
A.
Evidence in litter. No person shall throw, deposit,
leave or abandon litter, refuse, rubbish or junk upon any open or
vacant property or any other place within the Township whether owned
by such person or not. Any evidence or information contained in or
which is a part of such litter, refuse, rubbish or junk which identifies
or otherwise establishes the source of such litter, refuse, rubbish
or junk, i.e. envelopes and/or other items with the name and/or address
of such person, will create a rebuttable presumption that such individual
or individuals are in fact the owners of such litter, refuse, rubbish
or junk.
B.
Establishing of presumption as to dumping. The establishing of ownership pursuant to Subsection A shall create a rebuttable presumption under the law that the individual or individuals whose ownership of the litter, refuse, rubbish or junk has been so determined did in fact deposit such litter, refuse, rubbish or junk contrary to the section herein.
C.
Placement at curb not a violation. In no event shall
the placing of appropriate receptacles containing refuse and or rubbish
at or near the curb of one's property for pick up by a licensed scavenger
be deemed a violation of this section.
No person shall leave, store or place upon any
property, for a period in excess of 96 hours, where a business is
conducted, any equipment, furniture, furnishings or stock-in-trade
that is used, acquired or in any way comes into the possession or
under the control of the person owning or in control of such property,
unless the same is within a building or structure, or unless enclosed
by a solid fence or wall not less than four feet nor greater than
six feet in height, constructed so as to keep out children and trespassers.
Such buildings and enclosures shall have solid doors or gates at all
openings therein for ingress and egress, and suitable locks shall
be maintained on such doors or gates. This section shall not apply
to motor vehicles or other type of equipment used in the transportation
of persons or property.
The Township Health Officer, Code Enforcement
Officer or police officer is hereby authorized and empowered to notify
the owner of any private property within the Township, or the agent
of such owner, to properly dispose of litter or junk located on such
owner's property which is dangerous to public health, safety or welfare.
Such notice shall be by registered or certified mail, addressed to
the owner or his agent at his last known address. Upon the failure,
neglect or refusal of any owner or agent so notified to properly dispose
of litter dangerous to the public health, safety or welfare within
10 days after receipt of such written notice, or within 10 days after
the mailing of such written notice, provided that the same had proper
postage thereon and was properly addressed to the last known address
of such owner or agent, the Health Inspector and Code Enforcement
Officer are hereby authorized and empowered to pay for the disposing
of such litter or junk or to order its disposal by the Township.
When the Township effects the removal of litter
or junk, or has paid for its removal, the actual cost thereof plus
accrued interest at the rate of 6% per annum from the date of the
completion of the work, if not paid by such owner prior thereto, shall
be charged to the owner of such property on the next regular tax bill
forwarded to such owner by the Township, and such charge shall be
due and payable by the owner at the time the tax bill is due and payable,
and if not paid shall be collectible in the same manner as unpaid
tax bills.
The Township Code Enforcement Office and Police
Department are charged with the duty to enforce regulations contained
in this chapter.
A.
Any person violating, refusing or neglecting to comply
with the provisions of this chapter shall be, upon conviction thereof,
subject to one or more of the following:
B.
Each occurrence of depositing litter contrary to the
provisions of this chapter shall constitute a separate and distinct
defense subject to all penalties provided for in this chapter.
