[Adopted 4-12-2005 by Ord. No. 12-2005]
This is an article to establish a Yard Waste Collection and Disposal Program in the Borough of Totowa so as to protect public health, safety and welfare and to prescribe penalties for the failure to comply.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article 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.
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing state, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Leaves and grass clippings.
Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is prohibited. Placement of such yard waste at the curb or along the street in this manner is a violation of this article. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this article.
The provisions of this article shall be enforced by the Borough of Totowa Building Department and/or Police Department.
A. 
Any person who violates any of the provisions of this article shall, upon conviction, be punished by a fine not to exceed $2,000 for each offense or by imprisonment for a term not to exceed 90 days, or a requirement of community service not to exceed 90 days. A separate offense shall be deemed committed on the day on which a violation occurs and each day the violation continues to occur.
[Amended 3-28-2006 by Ord. No. 07-2006]
B. 
Any person who violates any of the provisions of this article shall be responsible for the payment of all costs incurred by the Borough in the event that the Borough must remove the yard waste from the curb or the street.