[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.]
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.
GARBAGE
LITTER
LITTER RECEPTACLE
PERSON
PRIVATE PREMISES
PUBLIC PLACE
PUBLIC STRUCTURE OR BUILDING
REFUSE
RUBBISH
VEHICLE
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meaning given
herein:
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking or consumption of food.
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.
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.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
Any street, sidewalk, alley or other public way, and any
and all public parks, squares, spaces, grounds and buildings.
Any structure or building owned or operated by the federal,
county or state government or any governmental agency.
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.
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.
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.
[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.
[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.
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.
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.
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.
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.
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.
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.
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.
It shall be unlawful for any residential or
commercial property owner to permit open or overflowing waste disposal
bins on his or her property.
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.
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.
[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.
[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.