[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham 11-4-1974 as Ch. 67 of the 1974 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Mendham Borough Anti-Litter Ordinance."
Word usage. 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.
Terms defined. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- The Borough of Mendham.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Garbage, refuse and rubbish, as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
- A park, reservation, playground, beach, recreation center or any other public area in the borough, owned or used by the borough and devoted to active or passive recreation.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any dwelling, house, building or other 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 other structure.
- PUBLIC PLACE
- Any and all streets, sidewalks, public or semipublic parking lots, 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 and solid market construction and industrial wastes.
- Nonputrescible solid waste 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, except contained compost heaps utilized for gardening purposes.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the borough except in public receptacles, in private receptacles for collection or in the official borough dump.
Persons placing litter in public receptacles or in 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.
[Amended 5-2-2005 by Ord. No. 12-05]
Purpose. The purpose of this section is to prohibit the spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Mendham so as to protect public health, safety and welfare and to prescribe penalties for the failure to comply.
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section 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.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
- A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) and is designed and used for collecting and conveying stormwater.
- Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
- Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities or is conveyed by snow removal equipment.
Prohibited conduct. No person shall spill, dump or dispose of materials other than stormwater to the municipal separate storm sewer system; or spill, dump or dispose of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system.
Exceptions. The following are exceptions to this section:
Water fine flushing and discharges from potable water sources.
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).
Air-conditioning condensate (excluding contact and noncontact cooling water).
Irrigation water (including landscape and lawn watering runoff).
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
Residential car washing water and residential swimming pool discharges.
Sidewalk, driveway and street wash water.
Flows from fire-fighting activities.
Flows from rinsing of the following equipment with clean water:
Beach maintenance equipment immediately following their use for their intended purposes; and
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded. Rinsing of equipment, as noted in the above situation, is limited to exterior, undercarriage and exposed parts and does not apply to engines or other enclosed machinery.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the borough the accumulation of litter from any public or private sidewalk, parking lot or driveway. Persons owning or occupying places of business within the borough shall keep the sidewalk in front of their business premises free of litter.
No person while a driver or passenger in a vehicle shall throw or deposit litter upon any street or other public place within the borough or upon private property.
No person shall drive or move any truck or other vehicle within the borough unless such 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 or upon private property; nor shall any person drive or move any vehicle or truck within the borough the wheels or tires of which carry onto or deposit in any street, alley or other public place or private property mud, dirt, sticky substances, litter or foreign matter of any kind.
No person shall throw or deposit litter in any park within the borough except in public 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 street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the borough.
No person shall throw or deposit litter on any private property within the borough, whether owned by such person or not, except that the owner or person in control of private property may maintain private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property within the borough, whether owned by such person or not.
Notice to remove. The Superintendent of Public Works is hereby authorized and empowered to notify the owner of any open or vacant private property within the borough or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail, addressed to said owner at the address shown on the records of the Borough Tax Assessor.
Action upon noncompliance. 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 written notice provided for in Subsection A above, or within 10 days after the date of such notice in the event that the same is returned to the Borough Post Office Department because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Superintendent of Public Works is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the borough.
Charge included in tax bill. When the borough has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate set annually for delinquent taxes by the Borough Council from the date of the completion of the work, if not paid by said owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the borough, and said charge shall be due and payable by said owner at the time of payment of such bill.
Recorded statement constitutes lien. Where the full amount due the borough is not paid by such owner within 60 days after the disposal of such litter, as provided for in Subsections A and B above, then, and in that case, the Superintendent of Public Works shall cause to be recorded in the office of the Borough Clerk a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recording of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of 8% in the event that the same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
[Amended 6-7-1999 by Ord. No. 15-99; 5-2-2005 by Ord. No. 12-05]
Enforcement. All police officers of the Borough, the Department of Public Works Superintendent or his/her duly authorized designee and the Zoning Officer or his/her duly authorized designee are hereby given full power and authority and are charged with the duty to enforce all provisions of this chapter.