[HISTORY: Adopted by the Mayor and Council of the Borough of Roselle as indicated in article histories. Amendments noted where applicable.]
Unsolicited advertising matter — See Ch. 35.
Building construction — See Ch. 46.
Garbage, rubbish and refuse — See Ch. 74.
Property maintenance — See Ch. 87.
Solid waste — See Ch. 101.
Stormwater management — See Ch. 101A.
Streets and sidewalks — See Ch. 102.
Abandoned vehicles — See Ch. 112.
[Adopted 2-22-1989 by Ord. No. 1743]
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article 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.
[Amended 5-18-2005 by Ord. No. 2227]
Definitions. As used in this article, the following terms shall have the meanings indicated:
- Any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air, including helicopters and lighter-than-air dirigibles and balloons.
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage and collection receptacle.
- The Borough of Roselle.
- COMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature which:
- (1) Advertises for sale any merchandise, product, commodity or thing.
- (2) 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.
- (3) 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. The terms of this subsection shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibit or event of any kind when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, however, that nothing contained in this subsection shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license, where such license is or may be required by law of this state or under ordinance of the Borough.
- (4) While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare. Any
newspaper delivered to real property such that the newspaper is delivered
on the side of the public sidewalk closer to the structure(s) on the
property, as opposed to the street side, shall not constitute "litter."
In the event that there is no public sidewalk adjoining the real property,
then any newspaper delivered more than 10 feet from the street curb
toward the structure on the property, as opposed to the street side,
shall not constitute "litter." "Litter" shall also be defined as 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 or garden waste, 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.[Amended 7-25-1990 by Ord. No. 1806; 5-18-2005 by Ord. No. 2227]
- Any newspaper of general circulation (as defined by general
law), any newspaper duly entered with the Post Office Department of
the United States in accordance with federal statute or regulation
and any newspaper filed and recorded with the recording office provided
by general law. In addition thereto, "newspaper" shall mean and include
any periodical or current magazine regularly published with not fewer
than four issues per year and circulated to the public, whether free
of charge or for consideration.[Amended 7-25-1990 by Ord. No. 1806]
- NONCOMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, circular, leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed or otherwise reproduced original copies of any matter of literature not included in the aforesaid definitions of a "commercial handbill" or "newspaper."
- A park, reservation, playground, recreation center or any other public area in the Borough owned or used by the Borough and devoted to active or passive recreation.
- Any person, firm, partnership, association, corporation, company or organization or any kind.
- PRINCIPAL ADVERTISER
- In a commercial handbill, the person, firm or corporation whose advertising message occupies a substantial amount of the advertising space in the handbill such that it appears to be the sponsor of the handbill.
- PRIVATE PREMISES
- Any dwelling, house, building or other structure designed or used, either wholly or in part, for private residential purposes, whether uninhabited or temporarily or continuously inhabited or vacant, including but not limited to any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways, paved or unpaved, and any and all public parks, squares, spaces, grounds and buildings.
- All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and 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 upon stationary rails or tracks.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Borough except in public receptacles for collection.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Borough the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the Borough shall keep their business premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Borough or upon private property.
No person shall drive or move any truck or other vehicle within the Borough unless such vehicle is so constructed or loaded as to prevent any load or contents of litter from being blown or deposited upon any street, alley or other public place or property.
No person shall throw or deposit litter in any fountain, pond, stream or any other body of water within the Borough.
No person in any aircraft shall throw out, drop or deposit within the Borough any litter, handbill or any other object.
No person shall throw or deposit litter on any occupied or unoccupied private property within the Borough, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon street, sidewalk or other public place or upon any private property.
The owner or person in control of any property shall at all times maintain the premises free of litter, provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property within the Borough, whether owned by such person or not.
No person shall throw or deposit litter in or upon any commercial or industrial place except in approved receptacles. Persons owning or in control of commercial or industrial places must provide receptacles for litter of sufficient size to be adequate for the area. Owners or tenants are completely responsible for the policing of the premises. Upon complaint of any citizen or Borough officials of trash or litter, if it can be determined from which store or place of business the trash originated, the owner(s) or tenant(s) will be held responsible.
The owner of any animal that violates this article shall be subject to the same penalty as provided for violations generally.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Borough nor shall any person hand out, distribute or sell any commercial handbill in any public place; provided however, that it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
No person shall throw or deposit any commercial or noncommercial 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 noncommercial handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbills in or upon any private premises which are temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so or if there is placed on said premises, in a conspicuous position 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 be molested or have their rights of privacy disturbed or to have any such handbills left upon such premises.
No person shall throw, deposit or distribute or cause to be thrown, deposited or distributed any commercial or noncommercial handbill in or upon private premises which is inhabited if the owner of said premises has either posted said premises as specified in § 78A-17 or notified the publisher or distributor of said handbill, be certified mail, return receipt requested, that no handbills are to be delivered to said premises. In the case of premises which are not posted and for which no notice has been sent, a person may place or deposit handbills thereupon, being careful to secure the same and prevent such handbills from being blown or drifted about such premises or sidewalks or streets or other public places; mailboxes may not be so used when so prohibited by federal postal law or regulations.
Exemption for mail and newspapers. The provisions of § 78-17 and Subsection A of this section shall not apply to the distribution of mail by the United States nor to newspapers, as defined herein, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property and shall be placed within five feet of any door to said private property.
[Amended 8-20-1997 by Ord. No. 2054]
No person shall post or affix any notice, poster, handbills or other paper or device to any public utility pole or wire, public building or structure, except as may be authorized or required by law.
There shall be a rebuttable presumption that an owner or person in control of any private property has violated this article and failed to keep and maintain the premises free of litter, as the term is used in this article, if the litter, as defined herein, remains on the property and unremoved for a period in excess of 24 hours.
No notice or warning by or to any person is required prior to the issuance of a summons or complaint for any violation of this article; however, nothing herein shall be deemed to prevent the issuance of said notice or warning permitting a reasonable time period for the removal of litter prior to the issuance of said summons or complaint.
The fact of the charging or conviction of any person for the throwing or depositing of litter in violation of this article shall not relieve the owner or person in control of any private property of the responsibility to keep and maintain the property free of litter in accordance with the provisions of this article.
The provisions of this article shall not apply to the officers and employees of the Borough Department of Public Works in the exercise of their trash collection activities, nor shall the provisions thereof apply to the deposit and maintenance of litter in a location, suitably enclosed in a secured trash dumpster, trash can or trash bag, along the street line, suitable to Borough or other authorized trash collection, for a period not to exceed one week.
[Amended 7-2-1990 by Ord. No. 1806]
[Adopted 6-14-1989 by Ord. No. 1760]
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.
As used in this article, the following terms shall have the meanings indicated:
- 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 or garden waste, newspaper, magazines, glass, metal, plastic or paper containers of 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 receptacles and their servicing are required at the following public places which exist in the municipality: 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.
A "litter receptacle" means a container suitable for the depositing of litter.
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture or private property, except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.
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.
It shall be unlawful for any residential property owner to park or permit the parking of any vehicle on his or her residential lawn.
It shall be unlawful for any person to keep or permit the keeping on streets, vacant lots and residential lawns, except in a fully enclosed structure, of any motor vehicle, trailer or semitrailer which is missing tires, wheels, the engine or any essential parts or which displays extensive body damage or deterioration or which does not display a current, valid state license or which is wrecked, disassembled or partially disassembled.
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, leaking or otherwise escaping therefrom. 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 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.
[Amended 5-18-2005 by Ord. No. 2227]
Any person who violates or refuses to comply with any provision of Chapter 78A shall, upon conviction thereof, be subject to a fine of not more than $1,000 or to imprisonment in the county jail for not more than 90 days, or both, but in no event less than $50 for the first offense, $250 for the second and $750 for the third or subsequent offense.
Each day that any knowingly violation hereunder shall continue shall be deemed a separate offense or violation.
[Added 7-26-1989 by Ord. No. 1770; amended 10-27-1993 by Ord. No. 1926; 5-18-2005 by Ord. No. 2227]
This article shall be enforced by the Roselle Police Department, Department of Public Works, and the Health Officer.