An ordinance to improve requirements for the placement and storage
of garbage, rubbish and refuse and penalties for noncompliance in
the City of Garfield to protect the environment, public health, safety
and welfare.
For the purpose of this chapter, 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 consistent 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 use of the word "shall" means
the requirement is always mandatory and not merely directory.
ASHES
The residue from the burning of wood, coal or other combustible
material.
CONTAINER
Any portable device or receptacle in which garbage, rubbish
or refuse is stored, transported, treated, disposed of, or otherwise
handled.
FOOD WASTE
Food processing by-products (food processing vegetative wastes
and/or food processing residuals generated from food processing and
packaging operations or similar industries that process food products),
vegetative waste (produce trimmings and overripe produce generated
by supermarkets, produce brokers and produce distributors), off-spec
food products, food product overruns, and similar food waste materials.
FULLY ENCLOSED STRUCTURE
An area where one or more containers are located for temporary
storage of garbage, rubbish or refuse while awaiting periodic removal
pursuant to the City Code, such as, but not limited to, a fenced in
area or storage bin. A fully enclosed structure should be of appropriate
make and size so as to obscure receptacles from public view and the
height of which should not exceed five inches above the height approved
for the type of receptacles required by City Code.
GARBAGE
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of foods. It shall
not include food-processing wastes from canneries, packing plants
or similar industries nor large quantities of condemned food products.
RECYCLABLE MATERIALS
Materials which would otherwise become nonhazardous solid
waste which can be separated, collected and processed and returned
to the economic mainstream in the form of raw materials or products.
REFUSE
All putrescible solid wastes (except body wastes), including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, dismantled automobiles and parts thereof, scrap metal,
junk, machinery and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes, consisting of both combustible
and noncombustible wastes, such as papers, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery, building materials and similar materials.
The property owner shall be responsible for any garbage, refuse,
solid waste, recyclables or any other materials placed at the curb/sidewalk
area in front of and/or on the side of his/her/their properties for
disposal or pickup prior to 4:00 p.m. of the day before said pickup
is scheduled. Each individual property owner who violates this section
shall be punished as follows.
A. First offense: a $150 fine, payable by mail or in person or online.
Court appearance is not required.
B. Second offense within a twelve-month period: a $250 fine, payable
by mail or in person or online. Court appearance is not required.
C. Third offense within a twelve-month period: a fine of $500 and a
mandatory court appearance. The City Municipal Judge shall have the
authority to sentence the offending party to not less than eight hours
and no more than 30 hours of community service.
D. Fourth offense and each offense thereafter, within a twelve-month
period: a $2,000 maximum fine and a mandatory court appearance. The
City Municipal Judge shall have the authority to sentence the offending
party to not less than 50 hours and no more than 100 hours of community
service.
The property owner shall be responsible for any garbage, refuse,
solid waste, recyclables or any other materials placed for disposal
or pickup at the curb for pickup prior to 4:00 p.m. of the day before
said pickup is scheduled. Each property owner who violates this section
shall be punished as follows.
A. First offense: a $500 fine, payable by mail or in person or online.
Court appearance is not required.
B. Second offense within a twelve-month period: a $750 fine, payable
by mail or in person or online. Court appearance is not required.
C. Third offense within a twelve-month period: a fine of $1,000 payable
by mail or in person or online. Court appearance is not required.
D. Fourth offense and each offense thereafter, within a twelve-month
period: a fine of not less $1,000 and not greater than $2,000 and
a mandatory court appearance. The City Municipal Judge shall have
the authority to sentence the offending party to not less than 100
hours and no more than 200 hours of community service.
Nothing in this chapter shall be construed to nullify or replace any of the provisions of Chapter
201, Littering, or any otherwise approved activity in accordance with the zoning requirements of the City of Garfield.
This chapter shall be enforced by the Construction Code Officer,
the Police Department, Sanitation Officer and Property Maintenance
Officer, who are hereby empowered and authorized to exercise such
powers as may be necessary or convenient to carry and effectuate the
purposes and provisions of this chapter.