The purpose of this article is to establish requirements to control littering in the Township of West Windsor, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
As used in this article, the following terms shall have the meanings indicated:
- Any used or unconsumed substance or waste material which has been manufactured or otherwise man-made and 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 or garden waste except as provided in Article VI, Yard Waste Collection, newspapers, 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 suitable for the depositing of litter.
- PRIVATE PROPERTY
- Any dwelling or structure, whether or not occupied, as well as any yard, grounds, sidewalk, wall, fence, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling or structure.
- PUBLIC WAYS ADJACENT TO PRIVATE PROPERTY
- The areas from the side edge of a highway, street or road,
whether or not curbed, to and including the sidewalk, if any, and
if no sidewalk, to the front property line of the adjacent private
property, and all areas used for any public park, playground, municipal
building or other installation, including driveways, parking areas,
walks, paths, bikeways, bicycle lanes and other public ways thereupon.[Amended 12-29-2008 by Ord. No. 2008-53]
It shall be unlawful for any person to place upon, deliver, deposit, throw upon, leave or abandon within or upon any private property or public ways adjacent to private property in the township any garbage, cans, bottles, cartons and other types of refuse or any handbills, advertisements, brochures, flyers, shoppers or other unsolicited commercial matter, printed or otherwise, of every kind or nature whatsoever other than in a litter receptacle,
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this article, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this article.
The provisions of this article shall not be applicable to the delivery of:
Mail, parcels or packages by and in accordance with the rules of the United States Postal Service.
Parcels, packages and materials by and in accordance with the rules of the Railway Express Agency or other utility licensed or regulated for such purposes and those delivered by vendors where ordered by the owner or occupant of the recipient premises.
Newspapers and other publications and periodicals, only if subscribed to by the owner or occupant of the recipient premises, provided that they are either placed firmly in a receptacle designed for such purpose of or, if none, then tightly wrapped to prevent blowing or scattering upon the recipient premises or adjacent areas.
Laundry, dry cleaning, dairy, bakery and similar food products and commercial product sampling by agreement with or invitation of the owner or occupant of the recipient premises.
Solicitation cards, brochures and flyers by duly authorized bona fide nonprofit charitable organizations, including, but not limited to, United Fund, American Red Cross, religious, educational and medical and volunteer police, fire and ambulance organizations, provided that they are packaged and placed in such manner as not to blow or scatter upon the recipient premises or adjacent areas.
Noncommercial handbills of a political or other nature whose distribution is or may be protected by constitutional rights of free speech, provided that they are packaged and placed in such manner as not to blow and scatter upon the recipient premises or adjacent areas.
Unsolicited and nonsubscribed newspapers, publications and other periodicals of a commercial nature, in whole or in part, provided that distribution of the same is in compliance with this article, and further provided that they are packaged and placed in such manner as not to blow or scatter upon the recipient premises or adjacent areas.
The delivery of unsolicited and nonsubscribed newspapers and publications and other periodicals of a commercial nature shall be discontinued at such time as the owner or occupant of any property within the township shall, in writing, transmit to the publisher and/or deliverer notice of objection to the continued delivery of any such unsolicited and nonsubscribed publication. Such notice of objection shall continue in effect until revoked, and it shall be deemed a violation of this section for any person to deliver or continue to deliver any such unsolicited and nonsubscribed publication to any such objecting owner or occupant.