[HISTORY: Adopted by the City Council of
the City of East Orange 3-25-1968 by Ord. No. 20-1968 as Ch. 10, Art. III, of the 1968
Code. Amendments noted where applicable.]
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any contrivance now known or hereafter invented which is
used or designated for navigation or for flight in the air. The word
"aircraft" shall include helicopters and lighter-than-air dirigibles
and balloons.
A litter storage and collection receptacle as required and
authorized in this chapter and other City ordinance regulating garbage
and waste disposal.
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 thing; or
Which 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; or
Which 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 incident to such meeting, theatrical performance, exhibition
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 that nothing contained in this
clause 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 any law of this state or under this chapter or any other ordinance
of this City; or
Which, 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.
Solid waste, garbage, refuse and rubbish as defined in this
section and all other waste material which, if thrown or deposited
as herein prohibited, tends to create a danger to public health, safety
and welfare or tends to create blight.
[Amended 11-14-1994 by Ord. No. 9-1994]
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 any recording officer as
provided by general law. In addition thereto, the term "newspaper"
shall mean and include any periodical or current magazine regularly
published with not less than four issues per year and sold to the
public.
Any printed or written matter, any sample, 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."
A park reservation, playground, beach, recreation center
or any other public area in the City which is owned or used by the
City and devoted to active or passive recreation.
Any dwelling, house, building or other structure designed
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
including any yard, grounds, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such dwelling, house, building
or other structure.
All streets, sidewalks, boulevards, alleys, municipal parking
lots or other public ways 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 vehicles 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, leaves, wood, glass, bedding, crockery and
similar materials.
Garbage, refuse, debris and other discarded materials from
residential or commercial sources, excluding recyclable material.
[Added 11-14-1994 by Ord. No. 9-1994]
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway or public street.
[Amended 2-22-1999 by Ord. No. 4-1999]
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City, except in public receptacles or in authorized private receptacles for collection, provided that public receptacles shall not be used by persons owning or occupying property in the vicinity thereof for the deposit of litter arising from activities on such premises. (See § 172-20 for violation and penalties hereof.)
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.
[Amended 2-22-1999 by Ord. No. 4-1999]
No person shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. (See § 172-20 for violation and penalties hereof.)
A.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the City the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway.
B.
Persons owning or occupying places of business within the City shall keep the sidewalk in front of their business premises free of litter when they shall have actual notice thereof or when such litter shall have been present a sufficient length of time to constitute constructive notice. (See § 172-20 for violation and penalties hereof.)
[Amended 2-22-1999 by Ord. No. 4-1999]
No person while a driver or passenger in a vehicle
shall throw or deposit litter upon any street or other public place
within the City or upon private property.
A.
No person shall drive or move any truck or other vehicle
within the City 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.
No person shall drive or move any vehicle or truck
within the City, the wheels, treads or tires of which carry onto or
deposit in any street, alley or other public place any mud, dirt,
sticky substances, litter or foreign matter of any kind.
No person shall throw or deposit litter in any
park within the City, 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 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 in
this chapter.
No person shall throw or deposit litter in any
fountain, pond, lake, stream, bay or any other body of water in a
park or elsewhere within the City.
A.
No person shall throw or deposit any commercial or
noncommercial handbill in or upon any sidewalk, street or other public
place within the City.
B.
No person shall hand out or distribute or sell any
commercial handbill in any public place, provided that it shall not
be unlawful on any sidewalk, street or other public place within the
City 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 that it
shall not be unlawful 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 handbill 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 such 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 such premises do not desire to be molested or
have their right of privacy disturbed or to have any such handbills
left upon such premises.
A.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon private premises which are inhabited
except by handing or transmitting any such handbill directly to the
owner, occupant or other person then present in or upon such private
premises, provided that in case of inhabited private premises which
are not posted as provided in this chapter, such person, unless requested
by anyone upon such premises not to do so, may place or deposit any
such handbill in or upon such inhabited private premises if such handbill
is so placed or deposited as to secure or prevent such handbill from
being blown or drifted about such premises or sidewalks, streets or
other public places; and except that mailboxes may not be so used
when so prohibited by federal postal law or regulations.
B.
The provisions of this section shall not apply to
the distribution of mail by the United States nor to newspapers, 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.
No person in an aircraft shall throw out, drop
or deposit within the City any litter, handbill or any other object.
No person shall post or affix any notice, poster
or other paper or device, calculated to attract the attention of the
public, to any lamppost, public utility pole, shade tree, bridge,
traffic sign, police-fire call box, cinder-salt box or upon any public
structure or building, except as may be authorized or required by
law.
No person shall throw or deposit litter on any
occupied private property within the City, 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 any street, sidewalk or other public place or
upon any private property.
A.
The owner or person in control of any private property
shall at all times maintain the premises free of litter when such
person shall have actual notice thereof or when such litter shall
have been present a sufficient length of time to constitute constructive
notice.
B.
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 City, whether owned by
such person or not.
[Added 5-13-2019 by Ord.
No. 12-2019]
It shall be unlawful for any person to dispose of leaves by
depositing them in any catch basin or sewer or by leaving them along
any curbline or gutter. To the extent necessary in order to assemble
and accumulate leaves, the same may temporarily be placed in a gutter.
In addition, no person shall dispose of leaves by placing them or
causing them to be placed (i.e., through air blowers or other mechanical
equipment) upon adjacent property. Leaves may only be disposed of
if containerized in a biodegradable bag, except during the leaf disposal
period as defined herein in Subsection B. For purposes of this section,
"adjacent property" shall not be deemed to refer to the curbline or
gutter of that portion of a public street that may be adjacent to
the property from which the leaves are being disposed.
A.
Leaves placed in a biodegradable bag may be placed at the curbline or in the gutter of that portion of the public street adjacent to the property from which the leaves are being disposed of, but only during the leaf disposal period of time and dates as defined in Subsection B. Leaves shall not be placed closer than 10 feet to any storm drain inlet or catch basin and may be in the street gutter only for a maximum period of seven days before their actual collection.
B.
The leaf disposal period shall be that period of scheduled time and
dates as shall be announced by the City's Business Administrator
or City Engineer by giving two weeks' advance notice prior to
the period's commencement, which notice shall be:
[Added 11-10-1980 by Ord. No. 15-1980; amended 11-14-1994 by Ord. No. 9-1994; 2-22-1999 by Ord. No. 4-1999]
A.
Any person violating any of the provisions of this chapter, except as provided in § 172-20B, shall, upon conviction thereof, be subject to a minimum fine of not less than $200 for the first offense and not more than $2,000, imprisonment for a term not exceeding 90 days, and/or 90 days of community service.
[Amended 2-23-2015 by Ord. No. 7-2015]
B.
Payment through Violations Bureau. If you wish to plead guilty of violating or refusing to comply with § 172-2, 172-4 or 172-5, respectively, and give up your rights to have a lawyer and a trial, you may pay a fine of $200 by bringing or mailing the summons together with payment within 14 days of notice of violation to the Violations Bureau located at:
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Violations Bureau
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Municipal Court - East Orange
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221 Freeway Drive
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East Orange, New Jersey 07018
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