[HISTORY: Adopted by the Township Committee of the Township of Freehold 7-10-1972 (§6-1 of the Revised General Ordinances), as amended through Ord. No. O-90-28. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED LITTER
- Any litter which is not in an authorized location and/or deposited contrary to the provisions of this chapter.
- Any printed or written matter which advises the reader of an event, an idea, property for lease or sale, service or product for lease or sale or other similar matter.
- Any person, firm, company, partnership, corporation or entity or the agents, servants or employees thereof who distribute, deliver or deposit or cause to be distributed, delivered or deposited any printed matter, other than by means of postal services, at any address in the Township.
- Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- Any printed or written advertisement, circular or other matter, sample, device, pamphlet or booklet which advertises or directs attention to or promotes any commercial interest.
- 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 2-28-2006 by Ord. No. O-06-5]
- LITTER RECEPTACLE
- A container suitable for the depositing of litter.[Amended 2-28-2006 by Ord. No. O-06-5]
- PUBLIC PLACE
- All streets, sidewalks, boulevards, alleys, beaches or other public ways, and all public parks, squares, spaces, docks, grounds and buildings.
- All putrescible and nonputrescible solid waste (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial waste.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, 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 on stationary rails or tracks.
No person shall sweep, throw, deposit or dump litter in or on any property, whether occupied, open or vacant and whether owned by that person, or in a public place or pond, lake or stream or other body of water within the Township, except in public receptacles or in authorized private receptacles for collection.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in a manner which prevents the litter from being carried or deposited by the elements upon a public place or upon private property. No person shall throw, deposit or dump litter in any private receptacle unless he/she is so authorized by the owner or lessee of such receptacle.
No person, including merchants owning or occupying a place of business, shall sweep into or deposit in a gutter, road, right-of-way or other public place within the Township the accumulation of litter from a building or lot or from a public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks in front of their premises free of litter.
No person while a driver or passenger in a vehicle shall throw or deposit litter in or upon any public or private property.
No person shall bring, cart, remove, transport, or collect any litter from outside the Township and bring it into the Township for the purpose of dumping or disposing thereof except at an approved landfill. No truck or other vehicle containing litter which has been transported into the Township shall be parked or allowed to remain standing on any street in the Township or on any public property for a period in excess of two hours.
No handbills, announcements or newspapers shall be thrown, deposited or otherwise placed in or upon any sidewalk, street utility pole, bus stop, bus shelter, other public place, or other property where the public is invited, or upon any vehicle parked thereon within the Township.
No handbills or announcements shall be distributed, delivered or deposited, except by way of postal service, at any address within the Township without permission or sanction of the owner or occupant thereof. A request by any means to cease distribution or delivery shall be deemed a denial of permission or sanction.
Any and all handbills or announcements which may be distributed within the Township shall have printed thereon in a conspicuous place the name, address and telephone number of the distributor. When such handbills or newspapers are distributed, they shall be so securely placed at each dwelling that they will not be blown away by the wind.
Any evidence or information contained in or which is a part of abandoned litter which identifies or otherwise establishes the source of such litter, i.e., envelopes and/or other items with the name and/or address of such person, will create a rebuttable presumption that such person is the owner of such litter. Such establishing of ownership shall likewise create a rebuttable presumption that such person did throw, deposit and/or dump such litter at the place where found. It is further presumed that all right or expectation of privacy is relinquished in abandoned litter.
[Added 2-28-2006 by Ord. No. O-06-5]
A summons alleging a violation of this chapter may be issued by the Freehold Township Code Enforcement Officer or by the Freehold Township Police Department. Alternatively, any individual may file a complaint with the Freehold Township Municipal Court, which shall issue a summons in accordance with the New Jersey Rules of Court.