Litter Regulations

Litter is defined as any unused 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, yard 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. The following are the ways that litter is controlled in the township:

• No person shall throw or deposit litter in or upon any street, sidewalk, other public place within the Township, or in any other place not specifically designated for the purpose of litter disposal.
• No person shall sweep into or deposit in 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 property shall keep the sidewalk in front of their premises free from litter.
• No person owning or occupying a place of business shall sweep into or deposit in 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 the sidewalk 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 Township, or upon private property.
• No person shall drive or move any truck or other vehicle within the Township unless such vehicle is so constructed or loaded so as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
• No person shall throw or deposit litter in any park within the Township 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 persons responsible for its presence and properly disposed of elsewhere as provided herein.
• No person shall throw or deposit litter in any fountain, pond, stream, ditch or drainage easement or any other body of water within the Township.
• No person shall throw, place or deposit any commercial or non-commercial or other handbill in or upon any vehicle.
• No person in an aircraft shall throw out, drop or deposit within the Township 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 lamp post, public utility pole or shade tree, 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 Township, 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.
• The owner or person in control of any private property shall at all times maintain the premises free of litter, refuse and rubbish. Provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
• At each shopping center located in the Township, there shall be maintained at least one (1) litter receptacle per quarter mile or portion thereof of building facade by the owner of the shopping center. In addition, there shall be maintained litter receptacles at all of the following public places: schools, government buildings, railroad and bus stations, parks, construction sites, gasoline service station islands and any special events to which the general public is invited including but not limited to carnivals, services, sporting events and festivals. The proprietors of said places or the sponsors of said events shall be responsible for the provision and servicing of the receptacles.
• No person shall place or cause to be placed upon, delivered, deposited, thrown upon, left or abandoned within or upon any private property or public place in the Township any garbage, cans, bottles, cartons and other types of refuse or any handbills, advertisements, brochures, flyers, shoppers or other unsolicited commercial matter or commercial handbill, printed or otherwise, of every kind or nature whatsoever.

a.     Exceptions. The provisions of this subsection shall not be applicable to the delivery of:

1. Mail, parcels or packages by and in accordance with the rules of the United States Postal Service.
2. Parcels, packages and materials by and in accordance with the rules of United Parcel Service and Railway Express Agency or other utility licenses or governed for such purposes and those delivered by vendors where ordered by or on behalf of the owner or occupant of the recipient’s premises.
3. Newspapers and other publications and periodicals that are solicited or subscribed to by the owner or occupant of the recipient premises, provided that such material is placed firmly in a receptacle designed for such purpose or is tightly secured or packaged to prevent blowing or scattering upon the recipient premises or adjacent areas.
4. Unsolicited and unsubscribed newspapers, publications and other periodicals that are wholly or partially of a commercial nature, provided that such material is placed firmly in a receptacle designed for such purpose or is tightly secured or packaged to prevent blowing or scattering upon the recipient premises or adjacent areas.
5. Laundry, dry cleaning, dairy, bakery, and similar food products and commercial product samples, by agreement with or invitation of the owner or occupant of the recipient premises.
6. Solicitation cards, brochures, and flyers by duly authorized, bonafide, non-profit charitable organizations including, but not limited to, United Fund, American Red Cross, Religious, Education, Medical, Police, Volunteer Fire and Ambulance Organizations, provided that such material is tightly secured or packaged and placed in such a manner as not to blow or scatter upon the recipient premises or adjacent areas.
7. Non-commercial handbills of a political or other nature whose distribution is protected by constitutional rights of free speech provided that such handbills are tightly secured or packaged in such manner as not to blow or scatter upon the recipient premises or adjacent areas.

b.     Objection to Delivery of Unsolicited Commercial Publications. The owner or occupant of any property within the Township shall have the right, at any time, in writing, either by certified mail or in person, to transmit to the local office of the publisher and/or distributor of any unsolicited or unsubscribed newspapers, publications or other periodicals that are wholly or partially of a commercial nature, a notice of objection to the continued delivery of such unsolicited and unsubscribed material. The notice of objection shall clearly identify the property to which the continued delivery of any such unsolicited or unsubscribed material as objected. Any publisher and/or his distributor who receives notice of objection shall comply with the notice within fourteen (14) days of receipt of the notice and shall discontinue the delivery of the objected-to material to the property identified in the notice. The notice of objection shall continue in effect until revoked and it shall be deemed a violation of this subsection for any person, including but not limited to a publisher and/or distributor to deliver, continue to deliver, or cause to be delivered any such unsolicited and unsubscribed materials to the property of any objecting owner or occupant.

c.     Separate Violations. Each violation of the provisions of this subsection shall be deemed a separate violation whether it shall occur on the same day or succeeding days.

d.     Violations and Penalties. Any person, firm or corporation violating any provisions of this subsection shall be liable in the Municipal Court for fines as follows:

1. For the first violation, a fine of not less than seventy-five ($75.00) dollars.
2. For a second violation, a fine of not less than one hundred twenty-five ($125.00) dollars.
3. For a third violation, a fine of not less than one hundred seventy-five ($175.00) dollars.
4. For each subsequent violation, within one year of the date of the first violation, a fine of not less than two hundred fifty ($250.00) dollars.