[HISTORY: Adopted by the Township Committee
of the Township of Egg Harbor 5-13-1987 by Ord. No. 23-1987.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish, refuse and recycling — See Ch. 118.
Peddling and soliciting — See Ch. 129.
Parks — See Ch. 165.
[1]
Editor's Note: This chapter superseded former
Ch. 146, Littering, adopted 8-11-1975 as Section 4-2 of the former
Revised Ordinances, as amended.
For the purpose of this chapter, the terms used
herein are defined as follows:
Any contrivance now known or hereafter invented, used or
designed for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
[Added 9-9-1992 by Ord. No. 40-1992]
[Added 9-9-1992 by Ord. No. 40-1992]
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter of literature
which:
Advertises for sale any merchandise, product,
commodity or service.
Directs attention to any business or mercantile
or commercial establishment or other activity for the purpose of either
directly or indirectly promoting the interest thereof by sales.
Directs attention to or advertises any meeting,
theatrical performance, exhibition or event of any kind for which
an admission fee is charged for the purpose of private gain or profit,
but the terms of this clause shall not apply where an admission fee
is charged or a collection is taken up for the purpose of defraying
the expenses incidental to any meeting, theatrical performance, exhibition
or event of any kind.
Includes but is not limited to wood, stumps, masonry materials,
rock, brick, dirt, soil, stone, cinders, ashes from wood or coal fire
and bituminous materials or other nonputrescent materials and any
other items of like kind consistent herewith.
Includes but is not limited to meat, fish, fowl, vegetable waste solids and any other items of like kind consistent herewith resulting from the handling, preparation, cooking and consumption of foods. "Garbage" is considered to originate primarily in kitchens, stores, markets, restaurants, hotels and other places where food is stored, cooked and consumed and any other item of like kind consistent herewith. This definition is to be read consistent with the definition of "garbage" in § 118-1 of Chapter 118, Garbage, Rubbish, Refuse and Recycling.
Any substance or waste material which has been discarded,
whether made of aluminum, glass, plastic, rubber, paper or any 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 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 extracting processes, logging, sawmilling,
farming or manufacturing.
[Amended 9-9-1992 by Ord. No. 40-1992]
Any newspaper of general circulation, whether the same is
paid or free or whether it is primarily designed to report the news
or as a form of commercial advertising, which is either delivered
locally or through mails. It is intended that this definition of "newspaper"
be given a broad interpretation to cover all local, regional, statewide
or national newspapers.
[Added 9-9-1992 by Ord. No. 40-1992]
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of
a commercial handbill or newspaper.
[Added 9-9-1992 by Ord. No. 40-1992]
Includes but is not limited to a park, playground, recreation
center or any other public area owned or use by the Township or local
authorized governmental agencies and devoted to active or passive
recreation.
Includes but is not limited to an individual, firm, corporation,
association, society, partnership and their agents or employees.
Includes but is not limited to any dwelling, house, building
or other structure designated or used, either wholly or in part, for
private residential, commercial, business or industrial purposes,
whether inhabited or continuously uninhabited or vacant, and shall
include but not be limited to any yard, grounds, walk, driveway, porch,
steps or vestibule belonging or appurtenant to such house, building
or other structure.
Any privately owned or occupied lands or premises, including
property owned or occupied by any public utility.
[Added 9-9-1992 by Ord. No. 40-1992]
Includes but is not limited to any or all streets, sidewalks,
boulevards, alleys or other public ways and any and all public parks,
squares, spaces, grounds and buildings.
Includes but is not limited to all miscellaneous matter,
such as but not limited to all bottles, rags, mattresses, furniture,
paper, clothes, shoes, glass, leather, carpets, crockery, rubber,
newspapers, cartons, tin cans, metals, tires, automobiles, vehicles
or parts thereof, any other items consistent herewith and any other
items of like kind consistent herewith.
Includes but is not limited to any solid waste consisting
of both combustible and noncombustible wastes, such as paper, wrappings,
cigars, cigarettes, cardboard, tin cans, scrap metals, tires, yard
clippings, leaves, wood, glass, bedding, crockery and any matters
included in the definition of refuse.
Includes but is not limited to every device in, upon or by
which any person or property is or may be transported.
[Amended 10-11-2006 by Ord. No. 57-2006]
A.Â
It shall be unlawful in the Township for any person
to throw, cast or place any garbage, dry fill, rubbish and refuse
or any other type of waste matter on any property and streets, public
or private, within the limits of the Township, except in such areas
as may be officially designated and licensed for dumping by the State
of New Jersey and the County of Atlantic or which may be deposited
in public receptacles, authorized private receptacles or in other
official sites.
B.Â
This section shall not apply to residential or commercial
landscaping or gardening which involves the owner or the owner's agent
placing topsoil, garden stones, stone paths, stone walkways, compost
and other items of like kind consistent herewith on private, commercial
or residential property.
No person shall sweep into, dump or deposit
in any gutter, street or other public place the accumulation of any
litter from any building, lot or from any public or private sidewalk
or driveway. Persons owning or occupying property shall keep the sidewalk
in front of the property free of litter. This provision shall not
apply to those periods of time fixed by the Township for the collection
of litter and trash.
[Added 2-14-1990 by Ord. No. 1-1990]
A.Â
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.
B.Â
"Litter receptacle" means a container suitable for
the depositing of litter.
[Amended 10-11-2006 by Ord. No. 57-2006]
No person, while driving or as a passenger in
a vehicle, shall throw, dump or deposit litter, garbage, refuse, rubbish
or dry fill upon any street, public place or upon private property
unless permitted by law. The operator or owner, or both, of the vehicle
shall be held responsible.
[Added 9-9-1992 by Ord. No. 40-1992]
A.Â
No person shall drive or move any truck or other vehicle
within the Township 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.
B.Â
No person shall drive or move any vehicle or truck
within the Township, the wheels or tires of which carry onto or which
deposit in any street, alley or other public place mud, dirt, sticky
substances, litter or foreign matter of any kind.
No person shall load, drive or move any truck
or other vehicle unless the vehicle is so constructed or loaded as
to prevent any load, contents or litter from being blown or deposited
upon any street, public place or private premises.
[Amended 9-9-1992 by Ord. No. 40-1992]
No person shall throw, dump or deposit any litter
in any park, lakes, stream or any other body of water within the Township
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 recreation area 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, dump or deposit litter
on any occupied or vacant private property, whether owned by such
person or not, provided that the owner or person in control of the
property may maintain private receptacles for the collection of litter.
[Added 9-9-1992 by Ord. No. 40-1992]
A.Â
The Police Department or authorized representative
is authorized to notify the owner of any property within the Township
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 sent by certified mail, return receipt
requested, and/or posted on the property.
B.Â
In the event that the owner or agent fails to comply
with such notice within five days after receipt of written notice
or five days after notice was posted on the property, the Police Department
or authorized representative shall authorize the removal of said litter.
The property owner shall be billed by the Township of Egg Harbor for
all expenses incurred for the removal of said litter at a minimum
cost of $250. Failure to pay for billed expenses shall constitute
a valid assessment against such lands and shall be duly certified
to the governing body, which shall examine the certificate and, if
found correct, shall cause the cost as shown thereon to be charged
against said lands. The amount so charged shall become a lien upon
such lands and shall be added to and become and form a part of the
taxes next to be assessed and levied upon such lands. If the Police
Department or authorized representative deems the existing condition
as an immediate health or safety problem, the removal shall be ordered
immediately. If the owner or agent refuses to comply, the Township
shall effect the removal at the expense of the owner.
The owner, agent, lessee, tenant, occupant or
other person who manages or controls a building or lot shall be jointly
and severally responsible for keeping the sidewalk, flagging, curbstone
and the air shafts, areaways, backyards, courts, parking lots and
alleys free of litter.
[Added 9-9-1992 by Ord. No. 40-1992[1]]
A.Â
Sidewalks and other public places. No person shall
throw or deposit any handbill in or upon any sidewalk, street or other
public place within the Township. This provision shall not be construed
as prohibiting the distribution of handbills to persons willing to
accept same.
B.Â
Depositing handbills on uninhabited or vacant premises.
No person shall throw or deposit any handbill in or upon any private
premises which are temporarily or continuously uninhabited or vacant.
C.Â
Distribution of handbills prohibited where properly
posted. No person shall throw, deposit or distribute any handbill
upon any private premises if requested by anyone thereon not to do
so or if there is posted on said premises in a conspicuous place near
the entrance thereof a sign bearing the words, "No Trespassing," "No
Peddlers or Agents," "No Advertisement" or any similar notice indicating
in any manner that the occupants of said premises do not desire to
have their right of privacy disturbed or to have any such handbills
left upon the premises.
D.Â
Distribution of handbills at inhabited private premises.
Handbills shall be distributed to inhabited private premises which
are not posted as provided in this chapter, provided that said handbills
are placed or deposited in such a manner as to secure or prevent such
handbill from being blown or drifting about the premises, sidewalks,
streets or other public places, and except to the extent that mailboxes
may not be so used when prohibited by federal postal laws or regulations.
The provisions of this subsection shall not apply to the distribution
of mail by the United States Postal Service or to newspapers; provided,
however, that newspapers shall be placed on private property in such
a manner so as to prevent their being carried or deposited by the
elements upon any street, sidewalk or other public place or upon private
property.
E.Â
Placing handbills on vehicles. No person shall throw
or deposit any handbill in or upon any vehicle; provided, however,
that it shall not be unlawful in any public place for a person to
hand out or distribute, without charge to the receiver thereof, a
handbill to any occupant of a vehicle who is willing to accept it.
[Added 9-9-1992 by Ord. No. 40-1992]
No person in an aircraft shall throw out, drop
or deposit within the Township any litter, handbill or other object.
[Added 9-9-1992 by Ord. No. 40-1992]
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 constructor in charge of a construction site to furnish containers
adequate to accommodate debris or trash at construction areas and
to maintain and empty any receptacles in such a manner and with such
frequency as to prevent spillage of refuse.
[Amended 4-25-1990 by Ord. No. 11-1990; 9-9-1992 by Ord. No. 40-1992; 4-12-2006 by Ord. No. 20-2006]
Violation of any provision of this chapter shall,
upon conviction thereof, be punished by a minimum fine of $100 or
a maximum of $2,000 or by imprisonment for a term not exceeding 90
days or by a period of community service not exceeding 90 days. Each
and every violation shall be considered a separate violation. Any
person who is convicted of violating the provisions of this chapter
within one year of the date of a previous violation and who was fined
for the previous violation may be sentenced by the Court to an additional
fine as a repeat offender. The additional fine imposed as a repeat
offender shall not be less than the minimum or exceed the maximum
fine provided herein, and same shall be calculated separately from
the fine imposed for the violation of this chapter.
