[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette; amended in its entirety 8-22-2005 by Ord. No. 2005-16 (980). Amendments noted where applicable.]
Solid waste — See Ch. 55.
As used in this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future. Words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- 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, 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 process of mineral or other extraction process, logging, sawmilling, 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.
It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any 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.
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including 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; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; campgrounds and trailer parks, marinas and boat moorage and fueling stations; boat launching areas; public and private piers operated for public use; beaches and bathing areas; and 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.
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture or private property, except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.
It shall be unlawful for any property owners to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, except in a fully enclosed structure or on days designated for the collection of bulky items.
It shall be unlawful for any property owner to store or permit the storage of tires, except in a fully enclosed structure or on days designated for the collection of tires.
Editor's Note: Former § 39-7, Inoperable vehicles, was repealed 10-19-2009 by Ord. No. 2009-14 (1067); said ordinance further provided that former § 39-7 shall be of no further force and effect except as to any matters filed thereunder in any court or administrative agency which may precede the effective date hereof.
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. 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.
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 contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
Any person undertaking a construction or building project in the Borough of Lavallette shall, as a prerequisite to the Construction Official's final inspection of a structure, supply the Construction Official with verified written documentation that all debris resulting from the project has been properly disposed of in accordance with applicable county and state statutes, rules and regulations. The document shall identify the location and method of disposal of the construction debris.
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep, and cause to be kept, the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind and to keep sidewalks, areaways, backyards, courts and alleys free from litter and other offensive material. 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.
[Added 9-4-2018 by Ord. No. 2018-06 (1189)]
Purpose. It is hereby found and declared that it will be the public policy of the Borough of Lavallette to take action when feasible to reduce the effects of certain products utilized, placed, or released within the environment in order to protect the health and safety of the general public.
Release of balloons. Purpose and intent. This section is adopted in order to protect the environment, particularly the wildlife, and the health, safety and well-being of persons and property by prohibiting the release of helium or other lighter-than-air balloons into the atmosphere, including but not limited to those balloons made from latex and/or mylar, since the release of balloons inflated with lighter-than-air gases pose a danger and nuisance to the environment, particularly to wildlife and marine animals, so as to constitute a public nuisance and pose a threat to the safety of its inhabitants and their property.
It shall be unlawful for any person, firm or corporation to intentionally release, organize the release or intentionally cause to be released balloons inflated with a gas that is lighter than air into the air within the Borough limits, except for:
Violations and penalties. Any person found to be in violation of § 39-13 may be issued a summons for a civil penalty punishable by a fine not to exceed the sum of $500. In the alternative or in addition to the issuance of a civil penalty, any person found to have violated § 39-13 may be issued a summons punishable in accordance with the provisions of § 39-15 of this chapter.
[Amended 9-4-2018 by Ord. No. 2018-06 (1189)]
This chapter shall be enforced by the Lavallette Police Department or the Code Enforcement Officer.
[Amended 9-4-2018 by Ord. No. 2018-06 (1189)]
Any person violating or failing to comply with any other provision of this chapter shall, upon conviction thereof, be punished by a fine of no less than $100 and no more than $1,000, by imprisonment not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The fixed number of hours of community service shall be determined in the discretion of the Municipal Court Judge but shall be set at a minimum of 20 hours and a maximum of 40 hours. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.