Township of Andover, NJ Chapter 82 Littering

[HISTORY: Adopted by the Township Council of the Township of Andover 10-30-1973 as § 6-1 of the 1973 Code; as amended through Ord. No. 90-32; amended in its entirety 9-10-2007 by Ord. No. 2007-15. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds — See Ch. 26.

Housing and property maintenance — See Ch. 67.

Parks and recreation areas — See Ch. 103.

Solid waste — See Ch. 144.

Abandoned vehicles — See Ch. 175.

§ 82-1 Definitions and word usage.

A. 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.

B. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:

GARBAGE

Putrescible animal and vegetable waste resulting from the handling, preparation, cooking or consumption of food.

LITTER

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 of 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 processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.

LITTER RECEPTACLE

A container for the depositing of litter, whether it be a metal or plastic can or drum, with or without a plastic liner which shall be emptied or serviced regularly by a proprietor, owner, lessee, tenant, sponsor, occupant or person in charge of any dwelling, business or activity. Plastic or paper bags not placed in a litter receptacle as defined herein shall not be deemed to meet the requirement of this chapter.

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind.

PRIVATE PREMISES

Any dwelling house, building or other structure designed or used, whether wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, ground, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling house, building or other structure.

PUBLIC PLACE

Any street, sidewalk, alley or other public way, and any and all public parks, squares, spaces, grounds and buildings.

PUBLIC STRUCTURE OR BUILDING

Any structure or building owned or operated by the federal, county or state government or any governmental agency.

REFUSE

All putrescible solid waste, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, dismantled automobiles and parts thereof, scrap metal, junk, machinery and solid market and industrial wastes.

RUBBISH

Nonputrescible solid wastes consisting of both combustible wastes, such as but not limited to paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, grass, bedding, crockery, building materials and other similar materials.

VEHICLE

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 on stationary rails or tracks and also including vehicles designed for propulsion on snow and ice.

§ 82-2 Littering prohibited.

[Amended 11-27-2017 by Ord. No. 2017-17]

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 in a litter receptacle.

B. No person shall bring, cart, remove, transport or collect any litter from outside the Township and bring same into the Township for the purpose of dumping or disposing thereof without prior necessary approvals.

§ 82-3 Illegal dumping.

[Amended 11-27-2017 by Ord. No. 2017-17]

A. It shall be unlawful for any person to discard or dump along any street, roadway, private property, on or off any right-of-way or any other place not specifically designated for the purpose of solid waste storage or disposal, any litter, including but not limited to household or commercial solid waste, rubbish, vehicles or vehicle parts, rubber tires, appliances, furniture or any other personal property.

B. It shall be unlawful for any person to place, deposit, or bury any asphalt, road millings, tree stumps, rock or concrete without having first obtained governmental approvals as required by law. Notwithstanding receipt of any required governmental approvals, it shall be unlawful to place, deposit or bury any asphalt, road millings, tree stumps, rock or concrete in pieces over 12 inches in any dimension on any parcel of land, public or private.

C. It shall be unlawful for any person to place, dump, discard or deposit in or about any dumpster, bulk container or demolition container any off-site accumulated garbage, litter, refuse, or rubbish, including construction, demolition, industrial, building, institutional and commercial debris and materials without having first obtained governmental approval as required by state or local law and the permission of the property or business owner.

§ 82-4 Adequate containerization required.

A. 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 stations islands; shopping centers; parking lots; campground and trailer parks; marinas, boat moorage and fueling stations; boat and launching areas; public and private piers operated for public use; beaches and bathing areas; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses, and festivals.

B. 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.

§ 82-5 Litter thrown from vehicles.

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.

§ 82-6 Handbills.

No person shall throw or deposit any commercial or noncommercial handbills in or upon any sidewalk, street, road or other public place within the Township, nor shall any person hand out or distribute or sell any commercial handbills in any public place; provided, however, that it shall not be unlawful on any sidewalk, street, road 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.

§ 82-7 Uncovered vehicles.

A. It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leading or otherwise escaping therefrom.

B. 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.

§ 82-8 Storage of household solid waste.

It shall be unlawful for any residential property owner to store or permit 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.

§ 82-9 Storage of tires.

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 or on days designated for the collection of tires.

§ 82-10 Construction sites.

A. 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.

B. 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.

§ 82-11 Open or overflowing waste disposal bins.

It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.

§ 82-12 Commercial establishments and residences.

A. 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 alleyways free from litter and other offensive material.

B. 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.

C. 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.

§ 82-13 Improper disposal of waste.

A. 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 Township of Andover so as to protect public health, safety and welfare and to prescribe penalties for the failure to comply.

B. 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.

(1) 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) designed and used for collecting and conveying stormwater.

(2) PERSON — Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.

(3) STORMWATER — 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.

C. 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.

D. Exceptions. The following are exceptions to this section:

(1) Water fine flushing and discharges from potable water sources.

(2) Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).

(3) Air-conditioning condensate (excluding contact and noncontact cooling water).

(4) Irrigation water (including landscape and lawn watering runoff).

(5) Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.

(6) Residential car washing water and residential swimming pool discharges.

(7) Sidewalk, driveway and street wash water.

(8) Flows from fire-fighting activities.

(9) Flows from rinsing of the following equipment with clean water:

(a) Beach maintenance equipment immediately following its use for its intended purposes; and

(b) 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.

§ 82-14 Enforcing officer.

[Amended 11-27-2017 by Ord. No. 2017-17]

This chapter shall be administered and enforced by the Health Officer, the Township Recycling Coordinator, Township police officers and/or the Township Zoning Officer.

§ 82-15 Violations and penalties.

[Amended 9-10-2007 by Ord. No. 2007-16; 11-27-2017 by Ord. No. 2017-17]

A. Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a penalty of one or more of the following: a fine of not less than $2,500 for a first offense, up to $5,000 for a second offense and up to a maximum of $10,000 for a third and each and every subsequent offense, imprisonment in the county jail for a term not to exceed 90 days, or to a period of community service not exceeding 90 days, at the discretion of the Municipal Court Judge. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such (N.J.S.A. 40:49-5).

B. Additionally, each individual convicted of a violation of this chapter of the Code must make restitution in the form of reimbursement to the Township and/or the property or business owner for all costs and expenses incurred from the storage and/or legal disposal of such materials.