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HomeMy Public PortalAboutOrd. 05-49 No. 05-49 <IDrúÎ1mttt£ 11£ ±q£ ~l1rl1u£q 11£ QInd£r£ÌJ ~. JJ. Councilman Presents the following Ordinance Seconded by Councilman AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CARTERET -LITTER CONTROL SECTION I. Purpose: An ordinance to establish requirements to control littering in The Borough of Carteret so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply. SECTION II. Definitions: For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. 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. a. Litter - 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. b. Litter Receptacle - a container suitable for the depositing of litter. c. Person - any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction. I 'I II II I SECTION III. Prohibited acts and regulated activities: I. It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain. 2. Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this ordinance, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this ordinance. SECTION IV. Enforcement: This ordinance shall be enforced by the Carteret Police Department and/or The Board of Health of The Borough of Carteret. II SECTION V. Penalties: Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed $1,250.00 and/or 60 days in jail for each offense. SECTION VI. Severability: Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance. NO. 05-49 PAGE ~ of 2 SECTION VII. Effective date: This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law. DO NOT USE SPACE BELOW THIS LINE COUNCILMAN RECORD OF COUNCIL VOTE YES NO NY A.B. COUNCILMAN YES NO NV A.B. LUNO x X NAPLES RIOS SITARZ X X X x . Indicate Vote AB . Absent NY· Not Voting XOR . Indicates Vote to Overrule Veto c. Adopted on first reading of the Council of the Borough ofCarreret, N.J" on Adopted on second read 109 after hearing on Or t'nhPT 77, 700'} ~:'/Ä~~/~ September 22, 2005 /J..-/~'L " Affidavit of Publication Publisher's Fee $83.60 State of New Jersey} 55. MIDDLESEX COUNTY personally appeared ANNETTE MADAMA Affidavit Charge $25.00 of the Home News Tribune, a newspaper printed In Freehold. NJ and published In NEPTUNE, In said County and State, and of general circulation In said county, who being duly sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, has been published In the said newspaper 1 lONE) times, once In each Issue, as follows 9/27105. dE^~J e del H'¡;¡9'~ _ld . II'-tv~1 'leT' q" Ptl'" I~ Y'-' 1. ¡:"d, I 'L ¡., ~. I\,'~VP ';. ..... v '-'" I ;_ 'j ',J~.~' rl'(CU"/!"'IM"'1" r"""~rr, r·· " \." '''I'''' 'L,'!""-1-" ,. '.1' ,'~I vv v,~ II II ,:.,.V! L..), é: Y ,');'"': f"',~ ¡ (. Lt:..,t..',j ¡U BOROUGH Of CARTERET ORDINANCE #05-49 AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CARTERET - LITTER CONTROL SECTION I. Purpose: An ordinance to establish requirements to control littering in The Borough of Carteret so as to protect public health, safet)! and welfðre, and to prescribe ~~r~-WÖN ff¡~ Ó~~i~it~~~;to comply. f~:m~e ph~;f~s~e w~frdt~i~ndr~~~~Cjér~aeti~~~o:~~fi have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. 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 di- rectory. a. litter - any used or unconsumed substance or waste material which has been diSC'Hded. whether made of aluminum, glass, plastic, rub~ ber, paper, or other natural or synthetic mate- rial, 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 ~~~' fr~~i~;li~~t:~0~1~ar~~ete~~a6r ~~~Ch ;,~ bage. trash, refuse, degriS, rubbish, grass iliP- pings or other lawn or garden waste, newspa- pers, 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 extrac- tion processes, logging, sawmiHing. farming or manufacturing. b. Utter Receptacle - a container suitable for the depositing of litter c. ~:;f~;r~h~~.y f\~~~i~~:¿çfa~r~~,r~};0~~I~icr:;r~~6~ division of this State subject to municipal juris- diction. SECTION III. Prohibited acts and regulated activi- ties: 1. It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so. to allow such. litter to remain. 2. ~I~~:J~~ ~~ñ i~~:; ~~~i~í~~~ b~a~if;~i~Îa~i~~ of this ordinance, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this ordinance SECTION IV. Enforcement: This ordinance shaH be enforced by the Carteret Pollee Department and/or The Board of Health of ~~(JIÕNu~~ P~n~ÎtÍ~,;:et. Any person(s) who is found to be in violation of the provisions of this ordmance shall be subject to a fme not to exceed $1.250.00 and/or 60 days in Jail for each offense. SECTION VI. Severability. î A.D,,2005 dv/u(j¡¿¡) Jic¡fMl(fi--- i ,-.- Sworn and subscribed before me this 27th day of september, A.D., 2005 Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an Independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance. SECTION VII. Effective date: This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law. The foregomg ordinance was introduced at a meeting of the Council of the Borough of Carteret held September 22, 2005 when it was adopted on First Reading. The said ordinance will be further considered on Second Reading for final adoption at a meeting of said Council of the Borough of Carter- et on October 27 2005 at approximately 7:00 P.M., MunicIpal Court/Police Facility, 230 Roosevelt Ave- ~~epe~:~~e;~~'t~r:'Zt~dr~~ñ ~~ ~~i~~ ~~~:;~r~~~~ to be heard. KATHLEEN M. BARNEY Certified Municipal Clerk ($83.60) 27856 AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. ONE (1) times, once in each issue as follows: Friday, November 4, 2005 (~~ 0, ~ Notary Public of New Jersey Sworn and subscribed before me this If.#--. day of N C~~I .;z. 005"" '" ! ; .i3Lu,: i):, :: ,r~ _If CMI8£T I OfIOINANCI...... TH:!f&t0' APPROVED AND ADOPT- ED' OCTOSE. 27 2_ ~O.,~UCED:šEPTEM_ _22. 2005 A .... 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