[Adopted 3-22-1989 by Ord. No. 5-89]
[Amended 10-13-2005 by Ord. No. 18-05]
A.
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 a litter receptacle or, having done so,
to allow such litter to remain.
B.
Whenever any litter is thrown or discarded or allowed
to fall from a motor vehicle, bicycle, or boat in violation of this
article, the operator or owner, or both, of the motor vehicle, bicycle,
or boat shall also be deemed to have violated this article.
As used in this article, the following terms
shall have the meanings indicated:
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 or 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 container
or other packaging or construction material but does not include waste
of the primary processes of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
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; camping grounds; trailer parks; beaches
and bathing areas and at 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 residential property
owner to store or permit the storage of any bulky household waste,
including household appliances, furniture and mattresses, in areas
zoned residential, except in a fully enclosed structure or during
days designated for the collection of bulky items.
[Amended 10-13-2005 by Ord. No. 18-05]
It shall be unlawful for any residential property
owner to store or permit the storage of tires in areas zoned residential,
except in a fully enclosed structure.
It shall be unlawful for any person to keep
or permit the keeping on streets, vacant lots and residential lawns,
except in a fully enclosed structure, any motor vehicle, trailer or
semitrailer which is missing tires, wheels, an engine or any essential
parts; which displays extensive body damage or deterioration; which
does not display a current, valid state license; or which is wrecked,
disassembled or partially disassembled.
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 frequency as to prevent spillage of refuse.
It shall be the duty of the owner, lessee, tenant,
occupant or person in charge of any waste disposal bin or 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.
[Amended 10-13-2005 by Ord. No. 18-05]
The owner or occupant of any property, or any
employee or contractor of such owner or occupant engaged to provide
lawn care or landscaping services, shall not sweep, rake, blow or
otherwise place yard waste, unless the yard waste is containerized,
in the street. If yard waste that is not containerized is placed in
the street, the party responsible for placement of yard waste must
remove the yard waste from the street or said party shall be deemed
in violation of this chapter.
No person shall throw or deposit litter in any
pond, lake, stream, bay or any other body of water in a park or elsewhere
within the Borough.
[Amended 11-14-1991 by Ord. No. 22-91; 8-24-2006 by Ord. No. 15-06]
Any person, firm or corporation violating any
of the provisions of this article shall, upon conviction thereof,
be punishable by one or more of the following: by a fine of not less
than $100 nor more than $2,000; by imprisonment not exceeding 90 days;
or by a period of community service not exceeding 90 days, all in
the discretion of the Court.
[Added 10-13-2005 by Ord. No. 18-05]
The provisions of this chapter shall be enforced
by the Superintendent of Public Works or a member of the Police Department
or the Rockaway Borough Health Department.
