[Adopted 7-20-1988 by Ord.
No. 15-1988]
This article shall be known and may be cited as the "Clean Communities
Ordinance of the City of Brigantine."
A.
LITTER
LITTER RECEPTACLE
For the purposes of this article, the following terms,
words and their derivations shall have the meanings given herein:
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 and 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 suitable for the depositing of litter.
B.
The word "shall" is always mandatory and not merely directory.
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.
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, boat moorage and fueling stations; boat 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. 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 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.
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.
