Chapter 28. Anti-Litter
CHAPTER 28 ANTI-LITTER
§ 28-1. Short Title.
§ 28.2. Definitions - word usage.
§ 28-3. Litter in public places.
§ 28-4. Placement of litter in receptacle.
§ 28-5. Sweeping litter into gutters, prohibited.
§ 28-6. Merchant's duty to keep sidewalks free of litter.
§ 28-7. Litter by persons in vehicles.
§ 28-8. Truck loads causing litter.
§ 28-9. Litter in parks and recreation areas.
§ 28-10. Litter in lakes and streams.
§ 28-11. Throwing or distributing commercial handbills in public places.
§ 28-12. Placing commercial and non-commercial handbills on vehicles.
§ 28-13. Depositing commercial and non-commercial handbills on uninhabited or vacant premises.
§ 28-14. Prohibiting distribution of handbills where properly posted.
§ 28-15. Distributing commercial and non-commercial handbills at inhabited private premises.
§ 28-16. Dropping litter from aircraft.
§ 28-17. Posting notices prohibited.
§ 28-18. Litter on occupied private property.
§ 28-19. Owner to maintain premises free of litter.
§ 28-20. Litter on vacant lots.
§ 28-21. Penalties.
§ 28-22. Severability.
§ 28-23. Inconsistency.
§ 28-24. Effective date.
[History: Adopted by the Township Council of the Township of Gloucester on 1-14-85 by Ord. No. 0-84-57. Amendments noted where applicable.]
Be it ordained by the Township Council of the Township of Gloucester, County of Camden, State of New Jersey as follows:
§ 28-1. Short Title
This ordinance shall be known and cited as the "Gloucester Township Anti-Litter Ordinance."
§ 28-2. Definitions - Word Usage
For the purposes of this ordinance the following terms, phrases, words and their derivatives shall have the meaning given herein. 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 or permissive.
A. Aircraft - is any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.
B. Authorized private receptacle - is a litter storage and collection receptacle as required and authorized in Chapter 55, Code of the Township of Gloucester.
C. Commercial Handbill - is 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:
1.) Which advertises for sale any merchandise, product, commodity, or thing; or
2.) 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
3.) 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 expense 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, event of any kind, without a license, where such license is or may be required by any law of this State, or under any ordinance of this Township; or
4.) 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.
D. Garbage - is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
E. Litter - is "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.
F. Newspaper - is 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; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
G. Non-Commercial Handbill - is 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.
H. Park - is a park, reservation, playground, beach, recreation center or any other public area in the Township, owned or used by the Township and devoted to active or passive recreation.
I. Person - is any person, firm, partnership, association, corporation, company or organization of any kind.
J. Private premises - is 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, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
K. Public Place - is any and all streets, sidewalks, boulevards, lleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
L. Rubbish - is nonputriscible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockerly and similar materials.
M. Refuse - is 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.
N. Township - is the Township of Gloucester, County of Camden, and State of New Jersey.
O. Vehicle - is every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices exclusively upon stationary rails or tracks.
§ 28-3. Litter in Public Places
No person shall throw or deposit litter in or upon any street, sidewalk, or other public place within the Township except in public receptacles or in authorized private receptacles for collection.
§ 28-3.1 Receptacles and Services in Public Places
Litter receptacles shall be located at the following public places: sidewalks used by pedestrians in active commercially-zoned areas, such that at a minimum there shall be no single linear quarter- mile without a receptalce; 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; camp grounds and trailor 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, parades, carnivals, circuses, and festivals. The proprietors of these places of the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available. (Amended by Ord. #0-88-29, adopted on June 27, 1988.)
§ 28-4. Placement of Litter in Receptacle
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.
§ 28-5. Sweeping Litter into Gutters, Prohibited
No person shall sweep into or deposit in any gutter, street, right-of-way or other public place within the Township, 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. This section shall in no way prohibit the deposit or sweeping of leaves for collection or pick-up in accordance with any ordinance or regulation by the Township.
§ 28-6. Merchant's Duty to Keep Sidewalks Free of Litter
No person owning or occupying a place of business shall sweep into or deposit into any gutter, street or other public place within the Township, 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 Township shall keep their parking lots and the sidewalk in front of their business premises free of litter.
§ 28.7. Litter by Persons in Vehicles
No person, while a driver or passenger in a vehicle, shall throw or deposit any litter upon any street or other public place within the Township or upon private property.
§ 28.8 Truck Loads Causing Litter
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. Nor shall any person drive or move any vehicle or truck within the Township, the wheels or tires of which carry onto or deposit in any street, alley, or other public place, mud, dirt, sticky substance, litter or foreign matter of any kind so as to create a nuisance, hazard or dangerous condition on or upon the streets, alleys or other public places within the Township.
§ 28-9. Litter in Parks and Recreation Areas
No person shall throw or deposit litter in any park, playground or recreational area within the Township, except in public receptacles and in such manner that the litter will be preserved from being carried or deposited by the elements upon any part of the park, playground, recreational 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.
§ 28-10. Litter in Lakes and Streams
No person shall throw or deposit litter in any lake, stream,pond, fountain, or other body of water in any park or elsewhere within the Township.
§ 28-11. Throwing or Distributing Commercial Handbills in Public Places
No person shall throw or deposit any commercial or non-commercial handbill in or upon any sidewalk, street, or other public place within the Township. Nor shall any person hand out or distribute or sell any commercial handbill in any public place, provided, however, that it shall not be unlawful to hand out or distribute, without charge to the receiver thereof, any non-commercial handbill to any person willing to accept the same, on any sidewalk, street or other public place within the Township.
§ 28-12. Placing Commercial and Non-Commercial Handbills on Vehicles
No person shall throw or deposit any commercial or non-commercial 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 non-commercial handbill to any occupant of a vehicle who is willing to accept the same.
§ 28-13. Depositing Commercial and Non-Commercial Handbills on Uninhabited or Vacant Premises
No person shall throw or deposit any commercial or non-commercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
§ 28-14. Prohibiting Distribution of Handbills Where Properly Posted
No person shall throw, deposit or distribute any commercial or non-commercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is, are 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 right of privacy disturbed, or to have any such handbills left upon such premises.
§ 28-15. Distributing Commercial and Non-Commercial Handbills at Inhabited Private Premises
No person shall throw, deposit or distribute any commercial or non-commercial handbills 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, however, that in the case of inhabited private premises which are not posted as provided in this ordinance, 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.
A. Exemption for Mail and Newspapers
The provisions 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 on 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.
§ 28-16. Dropping Litter from Aircraft
No person in any aircraft shall throw out, drop or deposit within the Township any litter, handbills or other object.
§ 28-17. Posting Notices Prohibited
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamp post, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law.
§ 28-18. Litter on Occupied Private Property
No person shall throw or deposit litter on any occupied private property in the Township, whether owned by such person or not, except that the owner or person in control of private property may authorize 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.
§ 28.19. Owner to Maintain Premises Free of Litter
The owner or person in control of any private 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.
§ 28.20. Litter on Vacant Lots
No person shall throw or deposit litter on or upon any open or vacant private property within the Township whether owned by such person or not.
§ 28.21. Penalties
Any person who shall violate any of the provisions of this ordinance shall, upon conviction, be punished by a fine not to exceed Five Hundred Dollars ($500) or by imprisonment in the County Jail for a period of not to exceed ninety (90) days, or by both such fines and imprisonment, and each violation of any of the provisions of this ordinance and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
§ 28.22. Severability
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competant jurisdiction, such section, subsection, sentence, clause, phrase or portion shall be deemed a separate, distinct and independent provision and holding shall not affect the validity of the remaining portions thereof.
§ 28-23. Inconsistency
All ordinances and provisions thereof inconsistent with the provisions of this ordinance shall be and are hereby repealed to the extent of such inconsistency.
§ 28-24. Effective Date
This ordinance shall take effect immediately after final passage and publication as provided by law.