Chapter 37. Brush, Weeds, Etc.

Chapter 37 BRUSH, WEEDS AND OBNOXIOUS GROWTH

§ 37-1. Definitions.

§ 37-2. Deposits within township limits prohibited.

§ 37-3. Notice of violation.

§ 37-4. Failure to remove.

§ 37-4.1 Debris from trucks.

§ 37-5. Violations and penalties.

§ 37-6. Severability.

§ 37-7. Repealer.

§ 37-8. When effective.

[HISTORY: Adopted by the Township Council of the Township of Gloucester 11-8-63 as Ord. No. 297. Amendments noted where applicable.]

General References

Fire Department - See Ch. 10.

Fire Prevention Code - See Ch. 52.

Garbage, rubbish and waste - See Ch. 55.

Junkyards and junk shops - See Ch. 61.

Nuisance Code - See Ch. 92.

Property Maintenance Code - See Ch. 67A.

Height of Brush, Hedges, etc. - See Ch. 58A.

Be it ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:

§ 37-1. Definitions

The following words and phrases and their derivatives, when used this ordinance, shall have the meaning hereafter attributed to them:

LANDS LYING WITHIN THE TOWNSHIP - Both publically owned and privately owned lands of any kind or character, including streets, roads, alleys, highways, parks and all other public places.

OFFAL, REFUSE and/or WASTE MATTER - Brush, weeds, dead and dying trees, stumps, refuse, obnoxious growths, filth, garbage, trash and debris of any kind or character that is or may be detrimental or injurious to the public health, safety or general welfare or may tend to create a fire hazard.

OWNER and/or TENANT - The person in whom is vested the ownership, dominion and/or title of such lands as well as the right of proprietorship; the person who holds or possesses such lands or tenements by any kind of right or title or otherwise; the person who has the actual use, control or possession of any such lands; the person depositing, causing to be deposited and/or responsible for the deposit of offal, refuse and/or waste matter on such lands, whether publicly or privately owned; and shall include any and all of such persons as herein defined.

PERSON - The plural as well as the singular of any individual, copartnership, association, corporation or jointstock company, their lessees, assignees, trustees or receivers and their agents, employees and representatives.

TOWNSHIP - The Township of Gloucester, in the County of Camden and State of New Jersey.

§ 37-2. Deposits within township limits prohibited.

From and after the effective date of this ordinance, no person shall deposit, or permit to remain after the same shall have been deposited, any offal, refuse and/or waste matter, as hereinabove defined, on lands lying within the limits of the township.

§ 37-3. Notice of violation.

When the Township Clerk or Secretary of the Board of Health learns of any violation of the provisions of this ordinance, he shall immediately cause notice to be given to the owner and/or tenant, as hereinabove defined, of the premises affected, to remove and dispose of such offal, refuse or waste matter within ten (10) days after the receipt of such notice, unless such offal, refuse or waste matter shall be waste animal or vegetable matter, in which event such removal must take place within three (3) days after the receipt of such notice.

§ 37-4. Failure to remove.

Is such owner and/or tenant shall refuse, neglect or fail to remove any offal, refuse and/or waste matter following receipt of such notice, as herein provided, or if such premises are unoccupied and the owner thereof is unknown or cannot be located, then said Township Clerk or Secretary of the Board of Health shall cause the removal thereof by township employees or otherwise. The cost of such removal when caused by said Township Clerk or Secretary of the Board of Health shall be certified by him or her to the governing body of the town­ship, which, if it finds such charge to be reasonable and correct or if it makes any changes or adjustments thereto, shall then certify such cost to the Tax Collector, who shall then note the amount thereof as a lien on such premises, and it shall be added to the taxes against said premises and collected in the same manner as taxes thereon, including the collection of interest thereon at the same interest rate assigned to delinquent taxes.

§ 37-4.1 Debris from trucks.

(Added 3-20-72 by Ord. No. 422.)

No person shall drive or move a truck or other vehicle, which vehicle is carrying cargo or material of such a nature as could be caused to fall or be blown upon the streets, alleys or other public or private premises, unless said vehicle shall be so constructed as to prevent such falling or being blown upon the said streets, alleys or other public or private premises, including proper covering of such cargo or material with a roof of tarpaulin or other material suffi­cient to prevent such falling or being blown from said vehicle.

§ 37-5. Violations and penalties.

In addition to all other remedies of the township under the terms of this ordinance for violation hereof, any person who shall violate any of the provisions of this ordinance shall, upon conviction thereof be subject to a fine of not more than five hundred dollars ($500.) or imprisonment for not more than ninety (90) days, or both, in the discretion of a court of competent jurisdiction.

§ 37-6. Severability.

If any provision of this ordinance or the application of such provision to any person or circumstance shall be held invalid, the remainder of this ordinance or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.

§ 37-7. Repealer.

This ordinance shall cancel and supersed Ordinance 151 of theTownship of Gloucester, entitled "An Ordinance Requiring the Owner and/or Tenant of Lands in the Township of Gloucester, County of Camden and State of New Jersey, to Remove there from Brush, Weeds, Obnoxious Growths, Filth, Garbage, Trash and Other Debris and Matter After Notice to Remove the Same; Providing for Removal of the Same by the Township of Gloucester If the Owner and/or Tenant Refuse or Neglects to Do So; and Providing Penalties for the Violation Thereof; and any other ordinances or parts of ordinances that are inconsistent with the terms hereof, to the extent of such inconsistency only.

§ 37-8. When effective.

This ordinance shall take effect immediately after final passage and publication according to law.

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Editor's Note: The section amended upon adoption of the Code; see Ch. 1, General Provisions, Article I, Adoption of Code.